International Law and the Arctic. By Michael Byers. Cambridge, UK: Cambridge University Press, 2013. 314 pages. - The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes. Edited by Erik J. Molenaar, Alex G. Oude Elferink and Donald R. Rothwell. Leiden: Martinus Nijhoff, 2013. 432 pages.

Author(s):  
JEFFREY J. SMITH
2021 ◽  
Vol 62 (1) ◽  
pp. 649-680

W. A. Schabas, The Trial of the Kaiser, Oxford University Press, Oxford 2018, 432 pages, ISBN 9780198833857. (Prof. J. M. Reijntjes, Prof.em. in Criminal Law, The Open University of the Netherlands and the University of Curaçao.) Harold Hongju Koh, The Trump Administration and International Law, Oxford University Press, Oxford 2018, 232 pages, ISBN 9780190912185. (David l. Sloss, John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University School of Law) Gina Heathcote, Feminist Dialogues on International Law: Success, Tensions, Futures, Oxford University Press, Oxford 2019, 256 pages, ISBN 9780199685103. (Aoife O'Donoghue, Professor of International Law and Governance, Durham University Law School) Steven Wheatley, The Idea of International Human Rights Law, Oxford University Press, New York 2019, 204 pages, ISBN 978-0-19-874984-4. (Mark A. Chinen, Professor of Law at the Seattle University School of Law and a Fellow of the Fred T. Korematsu Center for Law and Equality) Marco Longobardo, The Use of Force in Occupied Territory, Cambridge University Press, Cambridge 2018, xxix+320 pages, ISBN 9781108473415. (Michael Bothe, Professor Emeritus of Public Law, Johann Wolfgang Goethe University, Frankfurt am Main) Shavana Musa, Victim Reparation Under the Ius Post Bellum: An Historical and Normative Perspective, Cambridge University Press, Cambridge 2019, 290 pages, ISBN 9781108471732. (Dr. Jens Iverson, Assistant Professor of Public International Law, Leiden Law School, Leiden University) Russell Buchan, Cyber Espionage and International Law, Hart, Oxford 2019, xxviii+219 pages, ISBN 9781782257363. (François Delerue, Research Fellow in Cyberdefense and International Law, Institut de Recherche stratégique de l'Ecole militaire (IRSEM) and Lecturer, Sciences Po Paris) Alejandro Rodiles, Coalitions of the Willing and International Law: The Interplay Between Formality and Informality, Cambridge University Press, Cambridge 2018, xx+287 pages, ISBN 978-1-10-849365-9. (Matteo Tondini, Legal Advisor and Researcher Member, Italian Group, International Society for Military Law and the Law of War) Cindy Wittke, Law in the Twilight: International Courts and Tribunals, the Security Council and the Internationalisation of Peace Agreements Between State and Non-State Parties, Cambridge University Press, Cambridge 2018, 244 pages, ISBN 9781108335676. (Kimana Zulueta-Fülscher, Head of International IDEA's MyConstitution Programme (Yangon, Myanmar)) P. Chandrasekhara Rao and Philippe Gautier, The International Tribunal for the Law of the Sea: Law, Practice and Procedure, Edward Elgar Publishing, Cheltenham 2018, xxvii+363 pages, ISBN 9781786433008. (Valentin J. Schatz, Research Associate, Chair of International Law of the Sea and International Environmental Law, Public International Law and Public Law (Alexander Proelß), Faculty of Law, University of Hamburg) Lloyd Freeburn, Regulating International Sport. Power, Authority and Legitimacy, Brill/Nijhoff, Leiden 2018, 277 pages, ISBN 978-90-04-37978-7. (Christian J. Tams, Chair of International Law, University of Glasgow; Director, Glasgow Centre of International Law & Security)


2012 ◽  
Vol 27 (3) ◽  
pp. 553-595 ◽  
Author(s):  
E.J. Molenaar

Abstract This article examines the current and prospective roles of the Arctic Council System (ACS) within the context of the (international) law of the sea. Its first part focuses on the role of regional cooperation under the law of sea, with special attention to the way in which the pacta tertiis principle has shaped some regional regimes. The second part examines current features of the Arctic Council, including its mandate and main approaches, participation and institutional structure. The new concept of the ACS is offered to clarify the connection between the Arctic Council and the 2011 Agreement on Cooperation in Aeronautical and Maritime Search and Rescue in the Arctic and future legally binding instruments negotiated under the Council’s auspices, but not adopted by it. The article concludes with a synthesis of the current and prospective roles of the ACS under the law of the sea.


Author(s):  
E. V. Kienko

Introduction.The article provides an analysis of China’s tough stance towards the applicability of the governance regime of the common heritage of mankind to the Arctic referring to the Part XI of the United Nations Convention on the Law of the Sea, 1982, in the general context of contemporary inter­national law.  Materials and methods.General scien­tific and private scientific methods of cogni­tion constitutes the methodological basis for the study.  Results of the study.In the course of the study the author concludes that China’s current stance towards the governance regime of the International seabed area as the common heritage of mankind and towards the international maritime law as a whole should not have exclusively negative assessments as it was during the period of the confrontation between the Soviet Union and the People’s Republic of China in 1960-1980. Objectively the long-term interests of the People’s Republic of China and the Russian Fed­eration in the maintenance of international maritime law are aligned. However, a contemporary legal poli­cy of China differs from the policy stated at the Third United Nations Conference on the Law of the Sea. It became more focused on the promotion of China’s national interests in the Arctic, on the creation of the Area of the common heritage of mankind in the Arc­tic Ocean, even though none of the Arctic Coastal State advocate this stance. Conclusions.In this article the author balanc­es China’s arguments in favour of applicability of norms of the international law related to the com­mon heritage of mankind to the Arctic with the Arc­tic Coastal States’ arguments against it according to the doctrine in the sphere of the international law in which the legal concept of the common heritage of mankind is clarified. The author reveals reasons of China’s support of the concept of the common heri­tage of mankind initiated by the USA and China’s effort to broadly interpret it especially towards the Arctic in terms of the Arctic Coastal States’ stance towards this issue contained in the materials of the Third United Nations Conference on the Law of the Sea (1973 – 1982).


2019 ◽  
Vol 36 (4) ◽  
pp. 867
Author(s):  
Joanna Mossop

This article is a book review of Natalie Klein Dispute Settlement in the UN Convention on the Law of the Sea (Cambridge University Press, Cambridge, 2005) (418 pages). The law of the sea has been one of the most dynamic and disputed areas of international law for most of the past several centuries. The fact that the UN Convention on the Law of the Sea contains a dispute settlement provision that involves compulsory adjudication was a move away from the contentious past characterised by unilateral action. Mossop states that Klein has written a technically excellent text outlining the history and development of the dispute procedures, the requirement of each part of the process, and the extent to which the cases heard under the dispute procedures have cast light on the operation of the procedures. Although the book will be of significant value to practitioners and scholars dealing with this area of the law, Mossop argues that the detailed examination of the topic means that the book will not be suitable as a student textbook. It is concluded that the book is a solid foundation against which later cases can be compared. 


2014 ◽  
Vol 13 (3) ◽  
pp. 286-305 ◽  
Author(s):  
Gabriela A. Oanta

The International Tribunal for the Law of the Sea (itlos) was created by the United Nations Convention on the Law of the Sea (unclos) as a mechanism for the settlement of disputes that may arise in relation to the interpretation or application of the provisions of the Convention or of an international agreement regarding the purposes of the Convention. So far, no claim regarding the polar regions as a whole has been brought before the itlos. However, in certain aspects these regions have been present in the activity of the itlos. This article is divided into two main parts. The first part presents an analysis of the present and future activities of the itlos regarding the Arctic. In the second part, the issues referring to the Antarctic lato senso brought to the itlos will be examined. So far, the Antarctic has received greater attention from the itlos than the Arctic.


2009 ◽  
Vol 1 (1) ◽  
pp. 477-497
Author(s):  
Timo Koivurova

Abstract The article will provide a study of the continental shelf submissions that have been made in the polar regions and an evaluation as to whether these pose a challenge to the two polar regimes: the Arctic Council and the Antarctic Treaty System. This will be done by comparing these regimes, examining the development of the law of the sea as regards seabed rights and studying what sort of challenge the polar regimes face from the continental shelf activity in both polar regions and how serious that challenge is. Conclusions are finally drawn as to what types of effects may ensue for the polar regimes from the continental shelf submissions by various states.


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