The United Nations Convention on the Law of the Sea Montego Bay, 10 December 1982, UNCLOS, is intended to govern the use of oceans for fishing, shipping, ABBREVIATIONS/LANGUAGE USAGE OF TERMS Chapter One: Introduction 1.1 Aim of Study 1.2 Significance of Examination 1.3 Existence of a General African Position? 1.4 Literature Review 1.5 Methodology Chapter Two: Definition Chapter Three: Municipal and International Precedents 3.1 Municipal Precedents 3.2 International Precedents Chapter Four: The First Codification of the Freedom of the High Seas Chapter Five: Pardo’s Proposal in the Context of the 1960s Chapter Six: Legal Nature in Comparison to Old Concepts of the High Sea Chapter Seven: Africa’s Aims in the UNCLOS III 7.1 Seabed 7.1.1 The Usage of the Seabed for Exclusively Peaceful Purposes 7.1.2 Ensuring the Rational Exploitation of the Resources 7.1.3 The Minimization of Likely Adverse Economic Effects 7.2 The High Seas above the Seabed Chapter Eight: The Implementation of CHOM in the 1982 Convention 8.1 Non-Appropriation of the Seabed 8.2 International Management 8.3 Sharing of Benefits 8.4 Reservation of the Seabed for Peaceful Purposes 8.5 Preservation for Future Generations Chapter Nine: Reflection of Africa’s Demands in the 1982 Convention Chapter Ten: The LOS after the 1982 Convention Chapter Eleven: The Legal Character of the Principle 11.1 Jus Cogens? Chapter Twelve: Possibility of Implementation Chapter Thirteen: The 1994 Agreement 13.1 Policy of Production — Elimination of Production Limitations 13.2 Elimination of Mandatory Transfer of Technology 13.3 Change of Decision-Making in the Council 13.4 Reduction of Financial Contributions of Corporations 13.5 Funds for Economic Aid Chapter Fourteen: Summary — The Situation Since 1994 14.1 The Usage of the Seabed for Exclusively Peaceful Purposes 14.2 Ensuring the Rational Exploitation of the Resources 14.3 The Minimization of Likely Adverse Economic Effects 14.4 Democratic Machinery Chapter Fifteen: Conclusion — Contemporarily a “Just” System as Envisaged by Africa? BIBLIOGRAPHY illustration not visible in this excerpt The term ‘Area’ refers in accordance to Art. 1, 1982 United Nations Convention on the Law of the Sea on the area beyond national jurisdiction and the subsoil thereof underneath the High Seas. The term ‘polymetallic nodules’ is used interchangeably with ‘manganese nodules’ as the exploitable nodules from the seabed predominantly contain the chemical element manganese in addition to differing amounts of crude nickel, copper, and cobalt. Descriptive terms in reference to the economic capacity of countries or world regions are used for purposes of clarity and comprehensibility and are not intended to express any personal opinions of the author. The known resources of the seabed and of the ocean floor are far greater than the resources known to exist on dry land. The seabed and the ocean floor are also of vital and increasing strategic importance.
Jul 30, 2011. For further information contact Manager. Repository Services morgan@au. Recommended Citation de Souza Patu, Georgia Nogueira, Scope and evolution of ocean governance improving cross-sectoral management by the adoption of principles of international law, Doctor of Philosophy thesis. The legal regime of maritime boundary delimitation, as developed through the codification and progressive development process of international law, mainly based on two fundamental aspects: precise limit of a maritime zone, and applicable criteria (for example, applicable method, principles etc.) of its delimitation. The United Convention on the Law of the Sea (hereinafter UNCLOS or the Convention), although, provided specific provisions defining precise limit of different maritime zones, lacks specific criteria for delimitation. Article 74 and 83 of UNCLOS set the ultimate goal of delimitation—to achieve an equitable solution, but lack scant guidance to reach that solution. The International Court of Justice (hereinafter the ICJ or the Court), in the North Sea cases, first took the initiative for developing applicable principles and criteria of equitable solution. In so developing, the ICJ rejected the obligatory use of equidistance method, and applied equity as a rule of international law to develop applicable principles and criteria for reaching an equitable solution.
Apr 10, 2017. customary international law. The question of whether Turkey should accede to the LOSC, and under what conditions, is addressed. By considering all maritime spaces of Turkey, as well as its outstanding disputes regarding the Law of the Sea, this dissertation provides a comprehensive analysis of Turkey's. The implementation of the United Nations on Sustainable Development Goals Number 14 concerning “conserve and sustainable use of the ocean, seas and marine resources for sustainable development” in Indonesia maritime regulation: the review on the law and policy applied in Indonesia concerning the coastal and maritime resources and protection, Namiraisir Endah Asmar. (Maritime Law & Policy, Indonesia.) Kadeteng Marino under the Maritime Labor Convention, 2006: a study of minimum training and qualifications prior to shipboard training and the familiarity with onboard complaint procedures of Filipino Cadets, Ronnie Dalina Basco. (Maritime Law & Policy, Philippines.) An analysis on wreck related national laws of the Republic of Korea considering the Nairobi International Convention on the Removal of Wrecks, 2007, Byoung-yun Lee. (Maritime Law & Policy, South Korea.) How do the compulsory dispute settlement procedures of the United Nations Convention on the Law of the Sea deal with disputes concerning land sovereign issues? (Maritime Law & Policy, Japan.) Liability and compensation due to transboundary pollution caused by offshore exploration and exploitation: IMO competence and development of guidelines, Sebastian Pizarro Klein. (Maritime Law & Policy, Chile.) A legal analysis on the implementation and enforcement of fishery laws of the coastal state in its exclusive economic zone : a Philippine perspective, Fatima Aleli Angeles.
This article discusses the International Tribunal for the Law of the Sea and its relevance. The U. N. Convention on the Law of the Sea seems to contemplate fairly extensive jurisdiction for the Tribunal, TESC 102 Aquatic Ecosystems in Urban Areas (5) NWIntroduces the ways in which urban water bodies are impacted by adjacent land users. Explores sustainable development practices that target some of these environmental concerns. View course details in My Plan: TESC 102 TESC 200 Environmental Seminar (1, max. 6) NWProvides exposure to current scientific research and policy initiatives. Includes presentations by researchers, discussion of recent literature, and participation in educational workshops. View course details in My Plan: TESC 200 TESC 201 The Science of Environmental Sustainability (5) NWProvides an overview of the origins of sustainability and the development of sustainability science as a discipline. Focuses on the interactions of natural and social systems and how they affect sustainability. Investigates methodologies used by scientists to measure and develop sustainable systems. View course details in My Plan: TESC 201 TESC 239 Energy and the Environment (5) NWProvides an overview of various renewable and non-renewable energy resources, their distribution, availability, patterns of use, and impact on the environment.
Rrrr. Lewis, Robin Elizabeth, "An analysis of the law of the sea and outer space law claims over the natural resources of the "commons. 1987. Master's Theses. Paper S39. This Thesis is brought to you for free and open access by the Student Research at URScholarship Repository. It has been accepted for inclusion in. Dissertation: The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships: Has Panama’s Accession Finally Set the Ball Rolling for the Convention to Come into Force? Drafting Project: Regulations Relating to the Implementation of Safety of Life at Sea Convention (SOLAS) Container Mass Verification Requirements into Maltese Legislation Dissertation: Maltese Legislation on the Prevention, Reduction, and Control of Marine Pollution: A Critical Study Drafting Project: Draft Legislation on the Prevention, Reduction and Control of Marine Pollution Dissertation: The Action in Rem in the Light of Recent Amendments to the Maltese Code of Organization and Civil Procedure Drafting Project: An Act to Amend the Continental Shelf Act, Chapter 194 of the Laws of Malta Dissertation: Maritime Security under the 1982 United Nations Convention on the Law of the Sea Drafting Project: Regulations relating to the Implementation of Regulation (EC) No.392/2009 on the Liability of Carriers of Passengers by Sea in the Event of Accidents Dissertation: The Removal of Wrecks in the 21st Century: With Special Focus on the Nairobi Wreck Removal Convention on the Removal Of Wrecks 2007Drafting Project: Safe COntainers (Incorporating the International Convention for Safe Containers 1972 and its Subsequent Amendments Dissertation: The International Convention for Bunker Oil Pollution, 2001: Extent of Civil Liability and Relative Compensation Drafting Project: Merchant Shipping (Carriage of Passengers and Their Luggage by Sea) Regulations Dissertation: The Issue of Safe Ports in Charterparty Agreements Drafting Project: An Act to Incorporate the Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea, 2002 into the Laws of Malta BONELLO, Andrea Luca, (Class of 2011), Advocate, Legal Officer, Finco Trust Services Limited, T6F, Apartment 7, Favray Court, Tigne Point, Sliema, TP 01, Malta Tel: 2122 0002; Fax: 2124 3280Dissertation: The Notion of Self-defence and the Use of Armed Guards on Board Merchant Ships Drafting Project: Merchant Shipping (Seafarers' Identity Documents) Regulations BORG, Simone, (Class of 2010), Professor, Deputy Dean of Faculty of Laws and Head of Department of Environment and Resources Law Department, Room 308, Faculty of Laws, Department of International Law, University of Malta, University Heights, Msida, MSD 2080, Malta Tel: (356) 2340 2781Email: Dissertation: Salient Aspects on the Incorporation of Charterparty Terms into the Bill of Lading Drafting Project: An Act to Incorporate the Safety of Offshore Oil and Gas Operations and Amending Directive 2004/35/EC (Offshore Safety Directive, Directive 2013/30/EU) and other Relevant Legislation relating to Offshore Activities into the Laws of Malta, hereby Regulating the Exploration and Exploitation of Hydrocarbons on the Continental Shelf and Repealing the Petroleum Production) Act and the Petroleum Production Regulations Dissertation: A Legal Discussion on the Civil Liability for Oil Pollution Damage Resulting from Offshore Oil Rigs in the light of the Recent Deepwater Horizon Incident Drafting Project: An Act to Incorporate the Protocol of 1994 "Offshore Protocol" to the Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, 1976 into the Laws of Malta DEPASQUALE, Francesco, (Class of 1996), Magistrate, Magistrates’ Chambers, Courts of Justice, Republic Street, Valletta, CMR 02, Malta Dissertation: The Towage Contract in Malta Drafting Project: A Draft Legislation Incorporating the IMO Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 into the Maritime Navigation (Security) Act, 1996 DEPASQUALE CALLEJA, Maria, (Class of 2004), Advocate, 34 ‘Monte Mario’, Triq Il-Ferrovija, Attard, BZN02, Malta Tel: (356) 2141 1005; Fax: (356) 2141 4739Dissertation: The Carrier’s Duty in relation to the Care of Cargo under the Hague and Hague/Visby Rules, with Special Reference to Maltese Law Drafting Project: An Act to Amend Articles 50 to 54A of the Merchant Shipping Act, relating to Special Maritime Privileges FARRUGIA, Ruth, (Class of 1998), Lawyer, 'Sapiru', Lia Street, Zabbar, ZBR 06, Malta Tel: (356) 2180 1402 or (356) 2180 1655Dissertation: Maritime Arbitration: A Comparative Analysis Drafting Project: Salvage Act, Based on the UK 1995 Salvage Act Dissertation: The Application of the Principles of Liability and Compensation Schemes to the Aquaculture Industry: The Malta Perspective Drafting Project: Merchant Shipping (Prevention of Air Pollution, Monitoring, Reporting And Verification Duties) Regulations Dissertation: Coastal and Port State Obligations Relating to the Regulation of Marine Pollution, with Particular Reference to Pollution from Ships Drafting Project: The Oil Pollution Preparedness, Response and Co-Operation Act Dissertation: Flag States' Delegation and Class Liability Drafting Project: An Act to Give Effect to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 2005 (2005 SUA Convention) and to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 2005 (2005 SUA Fixed Platforms Protocol) GAUCI, Maria Dolores, (Class of 1992), Lawyer, 44 Burmarrad Road, St Paul’s Bay, Malta Tel: (356) 2157 3082Dissertation: The Freight Forwarder: A Synopsis of the Evolution of his Legal Status and Role in International Maritime Law Drafting Project: A Bill Entitled the Multimodal Transport of Goods Act GAUCI, Stefan Patrick, (Class of 2003), Advocate, Block VI, Entrance B, Flat 10, Vjal in-Naspli, San Gwann, SGN 03, Malta Tel: (356) 2138 7368; Mob: (356) 7938 7368Dissertation: The Ship’s Right to Reconvention under Maltese Admiralty Law Drafting Project: Admiralty Court Act, 2003 GORDIMAINA (SCERRI), Nadia, (Class of 2002), General Manager International Affairs, Air Malta plc, Level 2, Sky Parks Business Centre, Malta International Airport, Luqa LQA 4000, Malta Tel: (356) 2299 9215; Mob: (356) 7980 6539Email: Dissertation: A New Protocol to the PAL Convention: Higher Passenger Awards or the Coup de Grace to the Passenger Shipping Industry? Drafting Project: Incorporation of the International Convention on the Control of Harming Anti-Fouling Systems on Ships, 2001 into Maltese Law GRECH, James, (Class of 2014), Major, Staff Officer, Maritime and Air Operations, Headquarters of Armed Forces of Malta, Luqa Barracks, Luqa, VLT 2000, Malta Mob: (356) 9948 9039 or (356) 9999 0694Email: GRISCTI, Giovanni, (Class of 1990), Magistrate, The Law Courts, Republic Street, Valletta, Malta Tel: (356) 2122 4434Dissertation: Some Legal Aspects of Bareboat Charter Registration Drafting Project: Draft Legislation Incorporating the Civil Liability Convention, 1969 MALLIA, Emanuel, (Class of 2008), Colonel, Operations Plans and Intelligence, Armed Forces of Malta, Headquarters of Armed Forces of Malta, Luqa Barracks, Luqa VLT 2000, Malta Tel: (356) 2249 4006 Fax: (356) 2124 1001Email: Tel: (356) 2122 3142 / 2124 8034; Fax: (356) 2124 0502Dissertation: The Regime of Maltese Ship Registration Drafting Project: The Incorporation of the Salvage Convention 1989 in to the Malta Merchant Shipping Act Dissertation: Developing an Environmental Salvage Regime for the 21st Century Drafting Project: A Subsidiary Legislation Incorporating the International Convention on the Control and Management of Ships' Ballast Water and Sediments (2004) into Maltese Law MUSCAT, Stephen, (Class of 1997), Associate Partner, Muscat, Azzopardi, Spiteri & Associates, 2, 'The Firs' Borg Olivier Street, Sliema, SLM 12, Malta Tel: (356) 2166 7649Dissertation: Assistance and Salvage of Maritime Property and Lives at Sea under Maltese Law – A Critical Study Drafting Project: an Act to Make Provision for the Limitation of Liability of Shipowners in respect of Maritime Claims MUSCAT AZZOPARDI, Adrian, (Class of 2006), Advocate, Muscat Azzopardi and Associates, 7, The Firs, Borg Olivier Street, Sliema, SLM 1801, Malta Tel: (356) 2133 6196; Mob: (356) 7946 7023; Fax: (356) 2133 6027Email: MUSCAT FARRUGIA, Nikolai, (Class of 2001), Advocate, 109, St.
The Doctoral Thesis of Simon Marr, lawyer with Ecologic Legal, has been published. The purpose of this study is to examine the present status of implementation of the precautionary principle in the law of the sea and to extract evidence of its acceptance as part of customary international law. The thesis examines the.  This paper examines in detail the principle of non-refoulement, which protects refugees from being returned to places where their lives or freedoms could be threatened. It looks in detail at the principle itself; its status at international law and in what circumstances it applies; before going on to look at state practice with respect to non-refoulement. The basic thesis of this paper is that the parameters of the principle need to be clarified if refugees are to be protected from refoulement. It is argued that current policies being implemented by states, such as temporary protection and the safe third country rule, are endangering the principle, and the refugee regime itself. The paper also considers ways in which the current system could be changed in order to protect the non-refoulement principle, while still catering to the needs of states. During the last days of August this year, a humanitarian drama unfolded in the Indian Ocean. 433 asylum-seekers were stranded aboard a Norwegian freighter, the MV Tampa, which had rescued them from a sinking Indonesian ship. They had requested refugee status from the government of Australia when they entered Australian waters, but their request had been denied. Despite pressure from the United Nations High Commissioner for Refugees, the United Nations Secretary-General, and the international community in general, the Australian government stood by its decision.
M. Thesis Fabian Jaensch. II. Interception at sea. The legal obligations and the rights of the coastal States differ from one maritime zone to another. The United Nations Convention on the Law of the Sea UNCLOS, the Convention differentiates between internal waters9, territorial sea10, contiguous zone11 and the high. A Critical Analysis of the Wanderer above the Sea of Fog Name: Course: Date: A Critical Analysis of the Wanderer above the Sea of Fog Subject Matter and Medium ‘The Wanderer above the sea of fog’ is an oil painting composed in 1818 by the German artist Caspar David Friedrich. The painting is archived in Kunsthalle Hamburg, a city in Germany. In the painting, a man can be seen standing on the pinnacle of a steep mountain, with only his back visible. He wears a dark green coat, and holds a walking stick in his right hand. The man’s flails in the wind, and he is looking out on a landscape whose atmosphere is foggy.
Sea Piracy And Law Of The Sea. Muhammad Tahir Hanif. mha126@no. Master Thesis For the Degree of. Masters of The Law Of the Sea. Supervised By. Professor Henriksen Tore. Department Of Law. University Of Tromsø, Norway. 31st August 2010. 1. The unanimous Declaration of the thirteen United States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King [Barak Hussein Obama] is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.
This thesis is about the dispute settlement provisions of the 1982 United Nations. Convention on the Law of the Sea LOSC or Convention, and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes. This edition of Grotius’ defence of the right of all nations (especially the Dutch) to use the international sea lanes for trade, was published during World War One by the Carnegie Endowment for International Peace as part of their International Law series. It is interesting because it has the Latin and English translation on facing pages (best viewed in the facsimile PDF version). This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. Since the month of August, 1914, the expression “Freedom of the Seas” has been on the lips alike of belligerent and neutral, and it seems as advisable as it is timely to issue—for the first time in English—the famous Latin tractate of Grotius proclaiming, explaining, and in no small measure making the “freedom of the seas.” 1 The title of the little book, first published, anonymously, in November, 1608, explains the reason for its composition: “The Freedom of the Seas, or the Right which belongs to the Dutch to take part in the East Indian trade.” It was an open secret that it was written by the young Dutch scholar and lawyer, Hugo Grotius. It was a secret and remained a secret until 1868 that the written by Grotius in the winter of 1604–5, which first came to light in 1864 and was given to the world four years later. 2 The publication of the treatise on the law of prize is important as showing that the author of the proves beyond peradventure that the masterpiece of 1625 on the “Law of War and Peace” was not a hurried production, but the culmination of study and reflection extending over twenty years and more.
Thesis law of the sea, The general Law of the Sea is applicable to the marine areas Arctic. It consists of an obligatory thesis based on themes and questions from the. And a granddaughter of Tethys with whom she sometimes shares characteristics. Often she seems to lead the Nereids as they attend to her tasks. Some sources argue that she was one of the earliest of deities worshipped in Archaic Greece, the oral traditions and records of which are lost. Only one written record, a fragment, exists attesting to her worship and an early Alcman hymn exists that identifies Thetis as the creator of the universe. Worship of Thetis as the goddess is documented to have persisted in some regions by historical writers such as Pausanias. In the Trojan War cycle of myth, the wedding of Thetis and the Greek hero Peleus is one of the precipitating events in the war which also led to the birth of their child Achilles.