The Background to the Imposition of the Straight Baseline System Around the Irish Coast: An Interesting Episode in Anglo-Irish Legal Relations

1998 ◽  
Vol 13 (1) ◽  
pp. 47-69
Author(s):  
Clive R. Symmons

AbstractIn the 1930s and late 1950s there were official moves in Ireland to apply a straight baseline system around the Irish coastline. Much internal discussion resulted in Ireland in the postwar period about how the baselines should be drawn. Contemporaneously with such internal official discussion, talks were held with the British authorities. One of the Irish aims was to ensure that as far as possible the UK should approve in advance the proposed baseline system. Despite this, in at least one geographical instance, Ireland ignored the British viewpoint which later led to British diplomatic protest. This disputed part of the Irish straight baselines-and others-may now have to be revised following Irish accession to the new LOS Convention insofar as they infringe international law. This article for the first time analyses recently released Irish archive documents relating to this process.

Author(s):  
A.E. Gotlieb

On July 23, 1964, an act respecting the Territorial Sea and Fishing Zones of Canada was proclaimed by the Governor-in-Council and came into effect. It is a milestone in the history of Canada's attempts to gain greater protection of its interests in its adjacent shores; it does not mark the end of her international efforts but it constitutes a major stride forward in this direction. The Act has three chief effects: for the first time the breadth of the territorial seas of Canada is, for general purposes, defined at three miles; the straight baseline system is made applicable to the Canadian coastline; and a fishing limit is established extending twelve miles from the baselines from which the territorial sea is measured (nine miles from the outer limits of the territorial sea).


Author(s):  
Joshua M. White

This book offers a comprehensive examination of the shape and impact of piracy in the eastern half of the Mediterranean and the Ottoman Empire’s administrative, legal, and diplomatic response. In the late sixteenth and seventeenth centuries, piracy had a tremendous effect on the formation of international law, the conduct of diplomacy, the articulation of Ottoman imperial and Islamic law, and their application in Ottoman courts. Piracy and Law draws on research in archives and libraries in Istanbul, Venice, Crete, London, and Paris to bring the Ottoman state and Ottoman victims into the story for the first time. It explains why piracy exploded after the 1570s and why the Ottoman state was largely unable to marshal an effective military solution even as it responded dynamically in the spheres of law and diplomacy. By focusing on the Ottoman victims, jurists, and officials who had to contend most with the consequences of piracy, Piracy and Law reveals a broader range of piratical practitioners than the Muslim and Catholic corsairs who have typically been the focus of study and considers their consequences for the Ottoman state and those who traveled through Ottoman waters. This book argues that what made the eastern half of the Mediterranean basin the Ottoman Mediterranean, more than sovereignty or naval supremacy—which was ephemeral—was that it was a legal space. The challenge of piracy helped to define its contours.


Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.


Author(s):  
Gina Heathcote

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.


2021 ◽  
Vol 23 (2) ◽  
pp. 103-109
Author(s):  
Lynda M. Warren

In January 2021 the UK government granted an application for authorisation to use thiamethoxam, a neonicotinoid pesticide, to protect commercial sugar beet crops from attack by viruses transmitted by aphids. This was the first time such an authorisation had been granted in the United Kingdom (UK) and there were concerns that it signalled a weakening of environmental standards now that the UK was no longer part of the European Union. In fact, similar authorisations had been granted by several European Member States in the last 2 years, despite the ban on the use of neonicotinoids introduced in 2018. Nevertheless, the reasons for granting the authorisation do suggest that the balance between adopting a precautionary approach to environmental protection and taking emergency action to protect economic interests may have shifted. It was acknowledged that the proposed mitigation to safeguard bees and other wildlife was not entirely satisfactory. In the end, due to unforeseen weather conditions it meant that the pesticide is not necessary, which in itself demonstrates that short-term emergency measures are unsuitable for dealing with the problem. If the sugar beet industry is to continue to prosper in the UK, it will need to be managed in a way that provides resistance to virus infection without the use of controversial chemicals.


Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.


2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>


Author(s):  
Samuel Yee Ching Leung ◽  
Alex Chun Hei Chan

Abstract Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd [2020] UKSC 48 is an important case not only to the UK but also to the international arbitration community for several reasons: first, it examines indispensable duties in international arbitration and for the first time recognises and explicates upon the duty of disclosure at the highest court of the United Kingdom; secondly, it addresses and clarifies key concepts in international arbitration; thirdly, it confirms the objective nature of the test of justifiable doubts which has wider implications for other arbitral forums; fourthly, it illustrates how the duties of impartiality, disclosure, and confidentiality interact with and affect each other and how the key concepts should be applied to this interaction; and finally, it lays down useful guidance for arbitrators. For these reasons, this case deserves close and careful examination. This article aims to explain the significance of the aforesaid and suggests that, in addition to what has been addressed, further judicial explanations are warranted in what other aspects.


2021 ◽  
pp. bmjmilitary-2021-001926
Author(s):  
Max E R Marsden ◽  
C Park ◽  
J Barratt ◽  
N Tai ◽  
P Rees

Resuscitative Endovascular Balloon Occlusion of the Aorta (REBOA) enables temporary haemorrhage control and physiological stabilisation. This article describes the bespoke Defence Medical Services (DMS) training package for effectively using REBOA. The article covers how the course was designed, how the key learning objectives are taught, participant feedback and the authors’ perceptions of future training challenges and opportunities. Since the inaugural training course in April 2019, the authors have delivered six courses, training over 100 clinicians. For the first time in the UK DMS, we designed and delivered a robust specialist endovascular training programme, with demonstrable, significant increases in confidence and competence. As a result of this course, the first DMS REBOA-equipped forward surgical teams deployed in June 2019. Looking to the future, there is a requirement to develop an assessment of skill retention and the potential need for revalidation.


2015 ◽  
Vol 28 (3) ◽  
pp. 173-184 ◽  
Author(s):  
Peter Spurgeon ◽  
Paul Long ◽  
John Clark ◽  
Frank Daly

Purpose – The purpose of this paper is to address issues of medical leadership within health systems and to clarify the associated conceptual issues, for example, leadership versus management and medical versus clinical leadership. However, its principle contribution is to raise the issue of the purpose or outcome of medical leadership, and, in this respect, it argues that it is to promote medical engagement. Design/methodology/approach – The approach is to provide evidence, both from the literature and empirically, to suggest that enhanced medical engagement leads to improved organisational performance and, in doing so, to review the associated concepts. Findings – Building on current evidence from the UK and Australia, the authors strengthen previous findings that effective medical leadership underpins the effective organisational performance. Research limitations/implications – There is a current imbalance between the size of the databases on medical engagement between the UK (very large) and Australia (small but developing). Practical implications – The authors aim to equip medical leaders with the appropriate skill set to promote and enhance greater medical engagement. The focus of leaders in organisations should be in creating a culture that fosters and supports medical engagement. Social implications – This paper provides empowerment of medical professionals to have greater influence in the running of the organisation in which they deliver care. Originality/value – The paper contains, for the first time, linked performance data from the Care Quality Commission in the UK and from Australia with the new set of medical engagement findings.


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