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Montserrat Gorina-Ysern

This book, An International Regime for Marine Scientific Research provides a comprehensive and multi-disciplinary study of the International Regime for Marine Scientific Research. Montserrat examines lingering North-South disagreements on the scope of regulation-how these are exacerbated by unprecedented marine science, methodology and technological developments-and explores means to encourage greater MSR cooperation and negotiation.


Published under the Transnational Publishers imprint.

Whaling in the Antarctic

The Significance and the Implications of the ICJ Judgment

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Edited by Malgosia Fitzmaurice and Dai Tamada

This publication gives an in-depth analysis of a very important but complex case before the International Court of Justice. It deals with substantive and procedural aspects of the case, analysed extensively by eminent international lawyers and practitioners. The Whaling in Antarctic case is a landmark case in international law.

Contributors: Malgosia Fitzmaurice and Dai Tamada (eds.); Caroline E. Foster; Shotaro Hamamoto; Theodore Christakis; Christian Tams; Mika Hayashi; Joji Morishita; Donald R. Rothwell; Hironobu Sakai; Anthony Press; Akiho Shibata; Yuri Takaya.

Russian Fisheries Management

The Precautionary Approach in Theory and Practice

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Geir Hønneland

This book is the first comprehensive introduction to Russian fisheries management in the Western literature. It sets out the basic principles and organisational structure underlying Russian fisheries management and describes associated processes and practices, such as quota allocation, technical regulation and enforcement of fishery legislation. The book focuses attention on fisheries management at the federal level and in Russia’s northern fishery basin, which is the largest fishery region in European Russia. Problems such as institutional conflict, alleged corruption and incomplete legislation on fisheries are discussed, as are the assets of scientific and technical expertise found in the country’s Soviet legacy.
Throughout the book, the performance of the Russian system for fisheries management is evaluated in relation to the requirements of a precautionary approach to fisheries, as set out in contemporary international law.

Fayokemi Olorundami

successive cases moving away from the application of equitable principles in favour of the equidistance/relevant circumstances method or what the Court has, since the Black Sea case, 5 christened its three-stage delimitation methodology, the label of subjectivity has largely been replaced with a new label

Galo Carrera

-making methodologies. Instead it highlights the evolution of the scientific methodology employed in the delimitation of international maritime spaces, which comprises two components: the determination of the outer limits of maritime spaces under national jurisdiction and the delimitation of international maritime

African States and Contemporary International Law

A Case Study of the 1982 Law of the Sea Convention and the Exclusive Economic Zone

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Tayo O. Akintoba

The Third Conference on the Law of the Sea marked a watershed in the emergence of African diplomatic and legal activities within the international system. Analysis of those states' participation therefore not only provides a template for the study of bloc activity at this level; it also adds the comprehensive analysis of African participation at UNCLOS III and, finally, it should also reveal the means by which states can more effectively impact global political and legislative processes.
This study evaluates the extent to which the Exclusive Economic Zone (EEZ) concept represents an attempt by African states to allot to international law the task of correcting inequities between nations, and the future implications of such linkage. It critically explores and analyzes the conceptual framework that initiated action by African states in UNCLOS III, and it examines their attempts to operationalize this framework by their substantive participation in the negotiations. Finally, the study explores the future implications of African activity in the international legal and political system.
In this evaluative process the author suggests the need for greater insight in conceptualizing the role of African states as a bloc within the international system. Only in this manner can a better appreciation be had of the important role African states are playing as contributors in the formation of contemporary international law.

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Myron H. Nordquist and William G. Phalen

’s methodology, it would look to its definition of history for the island, which suggests the feature is not capable of independently sustaining human habitation or an economic life of its own. Trindade Island Trindade Island is a ten square kilometer volcanic island approximately halfway between the coast of

Human Rights and Law Enforcement at Sea

Arrest, Detention and Transfer of Piracy Suspects

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Anna Petrig

Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards.

An unprecedented number of national and multinational missions have been deployed to counter the phenomenon of piracy off the coast of Somalia and in the region. Their mandate includes the arrest, detention and transfer for prosecution of piracy suspects. The book at hand examines the procedures pertinent to the decision whether to release piracy suspects, prosecute them in the seizing State or transfer them to a third State, and the detention regime pending such decisions. The study provides a critical analysis of the compatibility of these procedures with international law, first and foremost human rights law. Using piracy as an example, it demonstrates that the characteristics of national and multinational law enforcement at sea may lead to a deviation from certain human rights standards – standards that the States in question readily accept and apply in their land-based, territorial law enforcement operations. At the centre of the analysis are two unique case studies, which provide insight into the arrest, detention and transfer procedures in both a multinational context and a purely interstate setting.

This work is a valuable contribution to legal scholarship dealing with the human rights dimension of maritime law enforcement operations. It is a useful, timely and innovative resource for both academics and legal practitioners alike, or any person interested in the applicability and scope of human rights norms in the maritime context.

Zhen Sun

methodology to enable the PPR Sub-Committee to undertake its work. An informal correspondence group, with six member states and one observer as participants, was established and submitted its progress report to MEPC 73. 57 MEPC 73 considered this report as well as comments from other member states and