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Foskett on Compromise

Edited by: Hon Sir David Foskett, John Sorabji
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40 Years of the United Nations Convention on the Law of the Sea: Assessment and Prospects

Edited by: Tomasz Kamiński, Karol Karski

ISBN13: 9781032759876
To be Published: January 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £205.00



This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea.

Given the considerable time elapsed since the convention's adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the implications of advancing technologies, particularly in the realm of unmanned vessels. Additionally, the book delves into recent maritime legal challenges arising from the conflict in Ukraine and the global impact of the COVID-19 pandemic.

The book will be of interest to students and scholars in the field of the law of the sea, international relations and international law.

Subjects:
Public International Law
Contents:
Introduction by Tomasz Kamiński and Karol Karski

PART I: General Remarks
1. Anniversary of the UNCLOS or an Epitaph for Codification Conferences
Jerzy Menkes
2. International Law of the Sea in the Achievements of Professor Wojciech Góralczyk: Polish Delegate to the First and the Third UN Conferences on the Law of the Sea and to the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea
Karol Karski

PART II: Maritime Areas and their Delimitation
3. The Methodology of Maritime Delimitation – Achievements and Prospects
Marcin Kałduński
4. The Status of Straight Baselines and the so-called Creeping Jurisdiction of Coastal States. Some Remarks on the Means of Addressing Unjustified Maritime Claims
Tomasz Kamiński
5. The Antarctic Treaty - The Pearl in the Crown of the Law of Extraterritorial Space
Zdzisław Brodecki and Paweł Chyc
6. Insula in Mari Nata – A Problem of Ius Gentium That is Not Only Theoretical
Paweł Czubik
7. The Law of the Seabed 40 years after UNCLOS
Aldino Santos de Campos
8. The Process of Developing Maritime Spatial Plans of The Republic of Poland in the Context of Water Areas Under the UNCLOS Convention
Wojciech Zdanowicz

PART III: UNCLOS in the Jurisprudence of International and Domestic Bodies and Courts
9. Through the Lens of General International Rules. How did Judge Manfred Lachs Contribute to Developing the Law of the Sea?
Aleksander Gubrynowicz
10. The Role of the International Tribunal for the Law of the Sea
Stanisław Pawlak
11. Dispute Settlement Measures Guaranteed by the Convention on the Law of the Sea in the Practice of the Proceedings of the Russian Federation
Vita Czepek
12. Reception of ICJ Jurisprudence by Domestic Courts in the Field of International Law of The Sea
Oktawian Kuc
13. Article 235 of LOSC and the International Liability Regime for Oil Pollution Damage: Cracks in the System as Shown by Recent Case Law
Zuzanna Pepłowska-Dąbrowska and Iva Tuhtan Grgić

PART IV: Protection of the Marine Environment
14. Environmental Law of the Sea and Part XII of the UN Convention on the Law of the Sea
Maja Seršić
15. Marine Mammals, the UNCLOS and the International Convention on the Regulation of Whaling: Too Little and too Unstructured, A Case study of Whaling
Małgosia Fitzmaurice
16. The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: A Treaty Implementing the United Nations Convention on the Law of the Sea?
Trpimir Mihael Šošić
17. The Vistula Spit Canal in the Light of the ‘Rights of Nature’ Concept and the Principle of Good Neighbourliness
Maciej Perkowski and Wojciech Zoń
18. Environmental Impact Assessment as a Mandatory Element of the Submarine Pipelines Laying Process, as Seen by the Baltic Sea Countries - Overview and Perspectives
Rafał Szewczyk

PART V: Maritime Security
19. International Legal Aspects of Combating Maritime Terrorism. Notes de lege lata and de lege ferenda
Tomasz Aleksandrowicz
20. Counteracting Maritime Incidents of a Hybrid Nature in the Light of the UNCLOS Convention
Piotr Mickiewicz
21. Can Turkey Legally Close the Passage through Turkish Straits for Russian Warships due to Russian Military Aggression Against Ukraine?
Iryna Kozak-Balaniuk
22. Independent-Dependent States - Land-Locked States Right of Access to and from the Sea
Dejan Marolov
23. Maritime Disputes that Poland is Involved in
Dariusz Bugajski

PART VI: Maritime Safety
24. (R)evolution of Maritime Safety in IMO Conventions and UNCLOS
Justyna Nawrot
25. Some Legal Aspects of Satellite Navigation and Maritime Safety
Katarzyna Myszona-Kostrzewa
26. Defending the Fleet: Cybersecurity and Autonomous Ships
Barbara Stępień
27. Port Community System (PCS) as a Digital Platform for Autonomous Ships - A Polish Perspective
Marek Gróbarczyk
28. ACCESS DENIED – The COVID-19 Pandemic and Discretion of Port States to Decide on Access to a Port in the Light of the United Nations Convention on the Law of the Sea: Legal and Economic Consequences
Magdalena Adamowicz and Beata Szymanowska

Series: Routledge Research on the Law of the Sea

The Law of the Sea and the Planetary Crisis ISBN 9781032855325
To be published February 2025
Routledge
£135.00
Due Diligence and the High Seas ISBN 9781032162805
Published January 2024
Routledge
£39.99
Due Diligence and the High Seas (eBook) ISBN 9781000531848
Published January 2024
Routledge
Out of print
State Ocean Jurisdiction ISBN 9781032461373
Published June 2023
Routledge
£145.00
Peaceful Management of Maritime Disputes (eBook) ISBN 9781000854015
Published March 2023
Routledge
Out of print
Peaceful Management of Maritime Disputes ISBN 9781032416137
Published March 2023
Routledge
£130.00
Maritime Salvage Operations and Environmental Protection ISBN 9781032325347
Published January 2023
Routledge
£45.99
Maritime Salvage Operations and Environmental Protection (eBook) ISBN 9781000853025
Published January 2023
Routledge
£19.99
(ePub)
Buy
Maritime Operations Law in Practice: Key Cases and Incidents (eBook) ISBN 9781000783308
Published December 2022
Routledge
Out of print
Maritime Operations Law in Practice: Key Cases and Incidents ISBN 9781032308548
Published December 2022
Routledge
£35.99
Due Diligence and the High Seas ISBN 9781032061450
Published December 2021
Routledge
£135.00