Research Handbook on Territorial Disputes in International Law

Research Handbook on Territorial Disputes in International Law PDF

Author: Marcelo G. Kohen

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 520

ISBN-13: 1782546871

DOWNLOAD EBOOK →

Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.

Peaceful Management of Maritime Disputes

Peaceful Management of Maritime Disputes PDF

Author: James Kraska

Publisher: Taylor & Francis

Published: 2023-03-23

Total Pages: 219

ISBN-13: 1000854019

DOWNLOAD EBOOK →

International law concerning maritime boundary dispute resolution reflects normative aspirations for peacefully managing some of the most intractable challenges in foreign affairs. Focusing on key international law issues relating to maritime boundary disputes, this book explores how international law and legal institutions facilitate these goals theoretically and practically. This process includes a balance of equities among states grounded in the Charter of the United Nations and the protection of sovereignty, territorial integrity, and political independence of Member States, while avoiding threats to the peace, breaches of the peace, and acts of aggression. The UN Charter is complemented by the rules in customary law and UNCLOS for evaluating maritime claims and addressing disputes, including conciliation, litigation, and arbitration. Despite the comprehensive nature of these procedures, numerous maritime disputes persist, including those in the East China Sea and South China Sea. As the disputes continue, however, general international law and the UNCLOS framework captures additional norms and rules that may act to reduce tension and manage disputes. As States shift closer to or farther from compliance on maritime claims and delimitation, the rules of behavior that pertain to flag States and coastal States may help to maintain the peace. This volume offers a distributed study in the factors affecting maritime disputes, international law frameworks and diplomatic models for addressing them, and legal, security, and historical dynamics in East Asia. The book goes beyond the existing debate to offer suitable methods for managing contemporary disputes and makes a meaningful impact on thinking about regional maritime security and international maritime law.

The South China Sea Disputes and Law of the Sea

The South China Sea Disputes and Law of the Sea PDF

Author: S. Jayakumar

Publisher: Edward Elgar Publishing

Published: 2014-08-29

Total Pages: 296

ISBN-13: 178347727X

DOWNLOAD EBOOK →

South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual

Disputed Territories

Disputed Territories PDF

Author: Stefan Wolff

Publisher: Berghahn Books

Published: 2003

Total Pages: 310

ISBN-13: 9781571815163

DOWNLOAD EBOOK →

Ethnic conflicts have shaped the 20th century in significant ways. While the legacy of the last century is primarily one of many unresolved conflicts, the author contends that Western Europe has a track record in containing and settling ethnic conflicts which provides valuable lessons for conflict management elsewhere. Focusing on ethno-territorial crossborder conflicts in Alsace, the Saarland, South Tyrol, and Northern Ireland, Andorra and the New Hebrides, the author develops a four-dimensional analytical framework that synthesizes the distinct factors that influence the complex relationship between host-state, kin-state, actors in the disputed territory, and in the international context.

The Rights and Obligations of States in Disputed Maritime Areas

The Rights and Obligations of States in Disputed Maritime Areas PDF

Author: Youri van Logchem

Publisher: Cambridge University Press

Published: 2021-10-14

Total Pages: 353

ISBN-13: 1108904912

DOWNLOAD EBOOK →

Many disputed maritime areas exist around the world. Often, the States concerned have not been able to reach agreement on how to, for example, regulate commercial activities within such areas. Conflict regularly arises between claimant coastal States if one of them acts unilaterally, such as in the South China Sea. This book examines the rights and obligations States have under international law concerning disputed maritime areas, in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice, and academic opinions that shine a light on the international legal framework that is applicable in disputed maritime areas. Proposing practical solutions on how to interpret the relevant international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to activities in disputed maritime areas.

Recent Developments in the South China Sea Dispute

Recent Developments in the South China Sea Dispute PDF

Author: Wu Shicun

Publisher: Routledge

Published: 2014-05-30

Total Pages: 285

ISBN-13: 131781763X

DOWNLOAD EBOOK →

The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.