The IMLI Manual on International Maritime Law : Volume I : The Law of the Sea : (Oxford University Press, 2014) :[prikaz knjige]
Prikaz knjige Book review: This book is part of a three-volume manual prepared by the International Maritime Law Institute (IMLI) to serve as a guide to all aspects of international maritime law. The general editor of the entire series is Professor David Joseph Attard, IMLI Director, while editors o...
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| Format: | Review |
| Language: | Croatian |
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Croatian Academy of Sciences and Arts
2017
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| Online Access: | http://hrcak.srce.hr/190237 http://hrcak.srce.hr/file/280395 |
| Summary: | Prikaz knjige Book review: This book is part of a three-volume manual prepared by the International Maritime Law Institute (IMLI) to serve as a guide to all aspects of international maritime law. The general editor of the entire series is Professor David Joseph Attard, IMLI Director, while editors of Volume I under review, dedicated to the law of the sea aspect, are Malgosia Fitzmaurice, professor of public international law at the University of London and Norman A Martínez Gutiérrez, assistant professor at IMLI. Koji Sekimizu, former IMO Secretary- General, wrote the foreword to the manual. This book provides a comprehensive analysis of a very complex field of international law – that of the law of the sea, by discussing traditional and contemporary issues from both theoretical and practical perspectives. In its analysis, it uses various sources, such as treaty and customary international law, ‘’soft law’’ instruments, and court and commercial practice. Reference is also made to the relevant legal framework contained in the regional and national legislation. The main discussion is centered around the 1982 United Nations Convention on the Law of the Sea (LOSC). In this respect, the book contains an in-depth study of a number of the LOSC provisions and jurisprudence. The book includes an introduction and 24 chapters, all of which have been written and edited by the leading experts in their respective fields. The introduction provides an overview of the historical development of the law of the sea, offering thereby a good foundation for further discussion on the modern law of the sea and the post-LOSC developments. The 24 chapters cover different legal regimes for the seas and oceans, largely following the LOSC zonal approach and structure. The book thus covers territorial sea and contiguous zone, straits used for international navigation, the regime of islands and rocks, archipelagic states, the continental shelf, the exclusive economic zone, the high seas, the international seabed area, marine scientific research, landlocked and geographically disadvantaged states, and the settlement of disputes. Particular consideration is given to international law concerning maritime boundary delimitation. Other chapters examine new trends and challenges that have emerged in the post-LOSC era – for example, the legal status of the generic resources beyond the limits of national jurisdiction. In this respect, reference is made to the current discussions taking place in an ad hoc working group established by the United Nations General Assembly. Attention is further given to the recent developments in the field of marine scientific research, which show an increasing use of the satellites. In this regard, the book points to the possible creation of a new, hybrid, area of law, with the potential of the law of the sea and space law being merged in an innovative way. As a result of increasing concerns relating to global warming and climate change, including the rapid melting of a substantive amount of the ice in the polar regions, particular consideration is given to the legal regimes applicable in the Arctic and the Antarctic. The book covers other contemporary issues as well, such as the protection of underwater cultural heritage, and the interaction between the law of the sea and human rights. Special consideration is given to the LOSC settlement of disputes mechanism and the respective contributions of the International Court of Justice and the International Tribunal for the Law of the Sea. The book moreover examines the role of the various international organisations in the progressive development of the law of the sea such as the United Nations Division for Ocean Affairs and the International Maritime Organization. This book represents a significant contribution to the current literature in the field. It is intended to serve as a guide on various aspects of international law of the sea for an extensive group of users ranging from students, researchers and academics to practitioners and governmental officials. |
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