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Eu Maritime Safety Policy And International Law

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Eu Maritime Safety Policy And International Law

by Henrik Ringbom

~~457,13€~~ 365,70€ 20% OFF + 5% CARD

 This book offers a comprehensive international law analysis of the European Union's maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.
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Maritime Boundary Disputes, Settlement Processes, And The Law Of The Sea

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Maritime Boundary Disputes, Settlement Processes, And The Law Of The Sea

~~280,90€~~ 224,72€ 20% OFF + 5% CARD

 A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.
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Marine Conservation Agreements - The Law And Policy Of Reservations And Vetoes

by Howard Schiffman

~~318,00€~~ 254,40€ 20% OFF + 5% CARD

 The decline of many living marine resources requires us to carefully examine the existing framework for ocean governance. The ability of states to opt out of, or even veto, measures adopted by marine conservation and management organizations is often discussed as a factor contributing to the present decline. This book examines the extent to which objection procedures, specific reservation provisions and vetoes (termed collectively as "exemptive provisions") have been utilized in the history of key marine conservation and management regimes and the impact they have had. Drawing upon classic treaty law, the law of reservations in particular, the law of the sea and the developing field of international environmental law, this book explores the evolving legal landscape that informs, and potentially limits, the use of exemptive provisions in marine conservation and management regimes.
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Historic Waters In The Law Of The Sea

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Historic Waters In The Law Of The Sea - A Modern Re-Appraisal

by Clive Symmons

~~340,53€~~ 272,42€ 20% OFF + 5% CARD

 This work reassesses the doctrine, and present-day status, of historic waters in the law of the sea, particularly in the light of the most recent decisions of the International Court of Justice which have referred to the topic and in the United States, such as Alaska v. US (2005), in which the author acted as expert witness for the US federal Government. The latter case forms a continuous theme throughout the book. Detailed and critical examination is made of the alleged rules in international customary law, including matters such as burden of proof.
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Modern Law Of The Sea

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Modern Law Of The Sea - Selected Essays

by David Anderson

~~508,80€~~ 407,04€ 20% OFF + 5% CARD

 These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea.
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Functional Jurisdiction In The Law Of The Sea

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Functional Jurisdiction In The Law Of The Sea

by Maria Gavouneli

~~314,03€~~ 251,22€ 20% OFF + 5% CARD

 The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
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European Community And Marine Environmental Protection In The International Law Of The Sea

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European Community And Marine Environmental Protection In The International Law Of The Sea - Implementing Global Obligations At The Regional Level

by Veronica Frank

~~418,70€~~ 334,96€ 20% OFF + 5% CARD

 The European Community and its member states have shared competences in marine environmental matters. As a consequence, they have jointly acceded to the United Nations Convention on the Law of the Sea (LOSC) and most marine-related international agreements, which have been concluded in form of "mixed agreements". This book looks at the manner in which the Community implements its international obligations in the specific fields of the prevention of oil pollution from ships, the regulation of ocean dumping and the protection of marine habitats through the establishment of Marine Protected Areas (MPAs), especially looking at the division of competence with the member states and the conformity of the Community's regulatory action with the jurisdictional framework established by the LOSC. By examining the subject from both a law of the sea and EC law perspectives, the books offers a comprehensive and interesting picture of the action taken by the Community to preserve the European marine environment.
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International Law And The Genetic Resources Of The Deep Sea

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International Law And The Genetic Resources Of The Deep Sea

by David Kenneth Leary

~~327,28€~~ 261,82€ 20% OFF + 5% CARD

 Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. Focusing on the ecosystems associated with deep-sea hydrothermal vents in areas beyond national jurisdiction this book examines a range of emerging activities in the deep sea including bioprospecting, marine scientific research, mining and tourism and considers the effectiveness of existing international law and governance mechanisms to sustainably manage these activities.It includes a detailed examination of the nature and extent of bioprospecting in the deep sea and its relationship with other activities such as marine scientific research. The book sets out in detail suggestions for how international law and policy regimes could respond to these challenges. As the first detailed study on this issue it will be useful reference for academics, diplomats, economists, scientists and policy makers alike.
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Maritime Delimitation

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Maritime Delimitation

~~242,48€~~ 193,98€ 20% OFF + 5% CARD

 The delimitation of maritime zones is an important requirement for peaceful relations between neighbouring States. There are numerous examples of areas between States with opposite or adjacent coasts where sovereignty over an island or territory may not be contested but the delimitation of the continental shelf and exclusive economic zone is still pending. Under the Law of the Sea Convention, the delimitation of these zones shall be effected by agreement on the basis of international law. However, the Convention does not offer a definitive answer as to the methods that should be applied. This publication includes contributions by Judges of the International Tribunal for the Law of the Sea, eminent scholars and experienced practitioners. The papers deal with various aspects of maritime delimitation: the jurisprudence of international courts and tribunals and their relevance for delimitation, the impact of the Law of the Sea Convention, the role of legal practitioners and diplomatic negotiators, and delimitation under particular geological circumstances and in geographically complex regional situations. It is designed to provide insight and guidance to the complicated process of maritime delimitation.
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Law And Politics In Ocean Governance

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Law And Politics In Ocean Governance - The Un Fish Stocks Agreement And Regional Fisheries Management Regimes

by Are Sydnes, Geir Honneland e Tore Henriksen

~~217,30€~~ 173,84€ 20% OFF + 5% CARD

 The UN Fish Stocks Agreement was an effort to curb rising conflicts and unilateral actions regarding the rights and duties of States to exploit and manage straddling and highly migratory fish stocks. It broke new ground in international fisheries law in terms of incorporating new environmental principles, provisions on compliance and enforcement, and the duty of States to co-operate. This volume explores how these commitments are acted upon by States in a selection of regional fisheries management regimes, covering fisheries from the European Arctic to the western and central Pacific Ocean. The cases chosen reflect the heterogeneity of institutional arrangements that are established at the regional level to manage straddling and highly migratory fish stocks. The authors review three established regional fisheries management regimes and two regional agreements establishing such regimes, negotiated following the UN Fish Stocks Agreement.
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Places Of Refuge For Ships

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Places Of Refuge For Ships - Emerging Environmental Concerns Of A Maritime Custom

~~398,83€~~ 319,06€ 20% OFF + 5% CARD

 This book is about the contemporary problem of places of refuge for ships in need of assistance. There is an uncodified humanitarian custom providing a right to a ship in distress to assistance and protection by coastal authorities, including access to a place of refuge when necessary. With modern ships carrying large volumes of hazardous cargo and fuel, a disabled ship can pose a significant threat to the marine environment and interests of an affected coastal state. After being refused refuge, the 'Erika' and 'Prestige' became casualties causing severe environmental damage. Today, while the humanitarian right to assistance remains, the threat to the marine environment and the coastal state has to be considered in the granting of refuge. Written by scholars and practitioners, the book consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.
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China And International Fisheries Law And Policy

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China And International Fisheries Law And Policy

by Guifang Xue

~~283,55€~~ 226,84€ 20% OFF + 5% CARD

 This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. A substantial effort was made to examine the major areas of China's national action on legislative harmonisation and policy adjustment to implement these instruments. China's regional fisheries cooperation, in the form of bilateral agreements with Japan, South Korea and Vietnam, is evaluated to identify the progress already achieved and the problems that remain to be solved in managing the shared fish stocks between these maritime neighbours. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.
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Protection Of The Underwater Cultural Heritage - National Perspectives In Light Of The Unesco Convention 2001 - Second Edition

~~385,58€~~ 308,46€ 20% OFF + 5% CARD

 The legal protection of the underwater cultural heritage is a field in which there is growing international interest. Shipwrecks and other underwater cultural remains in every maritime zone are threatened both by activities 'directed at' them, such as treasure hunting, and by activities 'incidentally affecting' them, such as mineral exploration and exploitation, pipeline and cable-laying, dredging, and fishing. Since the first edition of this collection (published in 1999), the urgent need for an international legal framework to regulate these activities has been formally recognised by the adoption in 2001 of the UNESCO Convention on the Protection of the Underwater Cultural Heritage. While the prospects for this Convention remain uncertain, it will undoubtedly have a profound influence on national laws and practice in this field. This second collection of essays examines the present state of law, policy and practice in sixteen different jurisdictions around the world in light of the 2001 Convention. Among other things, the viewpoint of each jurisdiction in respect of the Convention is considered and the impact that the Convention is already having, and is likely to have in the future, is explored. Eight of the essays are entirely new, and several additional jurisdictions are covered (Finland, the Federated States of Micronesia, the Netherlands, New Zealand, and Norway). The other essays have been thoroughly updated and revised to take account of the Convention. The contributors come from a variety of backgrounds, but all have specialist knowledge and experience of their particular jurisdiction and a keen interest in the field.
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Unresolved Issues And New Challenges To The Law Of The Sea - Time Before And Time After

~~327,28€~~ 261,82€ 20% OFF + 5% CARD

 This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
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Marine Scientific Research

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Marine Scientific Research - The Operation And Status Of Research Vessels And Other Platforms In International Law

by Florian Wegelein

~~296,80€~~ 237,44€ 20% OFF + 5% CARD

 The present analysis examines the legal framework for marine scientific research with a focus on research platforms. Oceanographers find themselves faced with a complex set of provisions governing their activities not only in waters of foreign jurisdiction. As the riches of the oceans have become known to decision-makers in coastal States, international action has set the course for an ever tighter regulation of the sea uses. Part XIII is analysed with respect to the remaining freedoms of research. In addition, the book provides an overview of air and space law relevant to research activities, and their relationship with the 1982 LOS Convention. Other international instruments are analysed for their significance in the context of customary law. Examination of possible safeguards for research activities contained in Part XIII and XV (dispute settlement) complements the legal analysis of the 1982 LOS Convention. Mutual trust and co-operation within regional organizations are, in conclusion, the most promising avenues for a more favourable research climate.The book addresses a legal and scientific audience, which, at a practical or academic level, deals with the law of the sea at large and the regime of marine scientific research in particular.
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China'S Marine Legal System And The Law Of The Sea

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China'S Marine Legal System And The Law Of The Sea

by Keyuan Zou

~~337,88€~~ 270,30€ 20% OFF + 5% CARD

 Being one of the largest coastal States in the world, China's marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China's marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China's marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China's basic marine laws and regulations are discussed and assessed in detail throughout the book. The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.
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Bringing New Law To Ocean Waters

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Bringing New Law To Ocean Waters

~~413,40€~~ 330,72€ 20% OFF + 5% CARD

 In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials. "Bringing new law to ocean waters" --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.
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Non-Flag State Enforcement In High Seas Fisheries

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Non-Flag State Enforcement In High Seas Fisheries

by Rosemary Rayfuse

~~333,90€~~ 267,12€ 20% OFF + 5% CARD

 This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that practice.
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Law Of The Sea

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Law Of The Sea - Selected Writings

by William T. Vukowich

~~253,08€~~ 202,46€ 20% OFF + 5% CARD

 These collected essays reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea. After an introductory chapter, the author, Judge at the International Tribunal for the Law of the Sea in Hamburg, describes and analyzes topics such as the sources of the law of the sea, the relation of the law of the sea to other fields of international law, maritime delimitation, natural resources and navigation, as well as military uses of the sea, the protection of marine environment, enclosed and semi-enclosed seas and the settlement of disputes.The papers reproduced in this volume (some of which in French) will be of interest to both academics and professionals interested in the law of the sea and its institutions.
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Oceans Management In The 21st Century: Institutional Frameworks And Responses

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Oceans Management In The 21st Century: Institutional Frameworks And Responses

~~413,40€~~ 330,72€ 20% OFF + 5% CARD

 The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape.Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Continental Shelf, and the Convention's Meeting of States Parties.Institutions outside the Convention's framework are also assessed, including the International Maritime Organization in respect of the regime for archipelagic sea lanes and international straits, the Food and Agriculture Organization and regional fisheries organizations, and the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. In the evolving area of oceans management, the way in which global and regional institutions have been involved in implementing the Convention on the Law of the Sea raises both questions concerning the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.
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Regulating Autonomous Vessels - International, Regional, And European Regulation Of Maritime Autonomous Surface Ships

by Eva Ricarda Lange

~~257,05€~~ 231,35€ 10% OFF

 This book adds to the legal research on autonomous vessels and proposes a combined international-supranational regulation concept, introducing the reader to the most urgent international legal aspects with respect to autonomous ships. The future legal framework must be technology-neutral and reliable, and it has to be in place as soon as possible to integrate autonomous ships into the existing international legal framework. The book provides the reader with a comprehensive and innovative comparison of different regulatory approaches, including regional and European instruments. The effect of non-binding instruments is analyzed based on rational choice theory.
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Maritime Delimitation And Interim Arrangements In North East Asia

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Maritime Delimitation And Interim Arrangements In North East Asia

by Sun Pyo Kim

~~241,15€~~ 192,92€ 20% OFF + 5% CARD

 This work will be a useful guide for those who look for rules and practice on the relations between neighboring States in the absence of maritime boundaries. The main question the author is trying to tackle is how to handle the relations between neighboring coastal States when there is no maritime boundary in place. This book attempts to clarify the legal issues of exploitation of oil, gas and fisheries resources, and jurisdictional conflicts with regard to marine scientific research and protection of the marine environment in disputed areas. This book shows numerous instances of provisional arrangements in disputed areas around the globe together with as many as forty-five valuable maps. The author, a scholar and diplomat of Korea, gives an up-to-date and in-depth analysis of the complicated legal issues of maritime delimitation and provisional arrangements in North East Asia. The English texts of the provisional arrangements in the region annexed to the book are also valuable materials.
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Russian Fisheries Management

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Russian Fisheries Management - The Precautionary Approach In Theory And Practice

by Geir Honneland

~~198,75€~~ 159,00€ 20% OFF + 5% CARD

 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.
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Maritime Security Law In Hybrid Warfare

~~225,25€~~ 202,73€ 10% OFF

 'This is the essential book today for understanding maritime security law" -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.
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