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BOOK EXCERPT:
Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.
Product Details :
Genre |
: Law |
Author |
: Donald R Rothwell |
Publisher |
: Bloomsbury Publishing |
Release |
: 2022-07-14 |
File |
: 328 Pages |
ISBN-13 |
: 9781509955442 |
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BOOK EXCERPT:
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
Product Details :
Genre |
: Law |
Author |
: Sean D. Murphy |
Publisher |
: BRILL |
Release |
: 2019-03-25 |
File |
: 383 Pages |
ISBN-13 |
: 9789004361546 |
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BOOK EXCERPT:
Product Details :
Genre |
: Law |
Author |
: Clive Ralph Symmons |
Publisher |
: BRILL |
Release |
: 1979-06-22 |
File |
: 334 Pages |
ISBN-13 |
: 9024721717 |
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BOOK EXCERPT:
Product Details :
Genre |
: Law |
Author |
: C R Symmons |
Publisher |
: Martinus Nijhoff Publishers |
Release |
: 1979-06 |
File |
: 319 Pages |
ISBN-13 |
: 9789004636170 |
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BOOK EXCERPT:
Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.
Product Details :
Genre |
: Law |
Author |
: Jenny Grote Stoutenburg |
Publisher |
: BRILL |
Release |
: 2015-07-28 |
File |
: 504 Pages |
ISBN-13 |
: 9789004303010 |
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BOOK EXCERPT:
What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.
Product Details :
Genre |
: Law |
Author |
: Carolin König |
Publisher |
: Taylor & Francis |
Release |
: 2022-12-30 |
File |
: 289 Pages |
ISBN-13 |
: 9781000812053 |
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BOOK EXCERPT:
This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation.
Product Details :
Genre |
: Law |
Author |
: Malcolm D. Evans |
Publisher |
: Edward Elgar Publishing |
Release |
: 2023-07-01 |
File |
: 215 Pages |
ISBN-13 |
: 9781802207637 |
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BOOK EXCERPT:
Product Details :
Genre |
: Law |
Author |
: Hiran W. Jayewardene |
Publisher |
: BRILL |
Release |
: 2021-09-27 |
File |
: 600 Pages |
ISBN-13 |
: 9789004479241 |
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BOOK EXCERPT:
Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.
Product Details :
Genre |
: Law |
Author |
: Lilian Yamamoto |
Publisher |
: Springer Science & Business Media |
Release |
: 2013-10-25 |
File |
: 318 Pages |
ISBN-13 |
: 9783642381867 |
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BOOK EXCERPT:
On environmental law in Indonesia.
Product Details :
Genre |
: Ecology |
Author |
: Nommy Horas Thombang Siahaan |
Publisher |
: Erlangga |
Release |
: 2004 |
File |
: 544 Pages |
ISBN-13 |
: 9797410536 |