scholarly journals [BOOK REVIEW] The Peaceful Settlement of International Disputes

2019 ◽  
Vol 06 (01) ◽  
pp. 211-215
Author(s):  
Davina Oktivana
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Law Students ◽  
Law Of The Sea ◽  
International Environmental Law ◽  
Extensive Analysis ◽  
Peaceful Settlement ◽  
International Dispute

Yoshifumi Tanaka is a Professor of International Law at the Faculty of Law, University of Copenhagen. He has published widely in the fields of the law of the sea and international environmental law. I had a profound admiration for Tanaka’s writings, particularly in law of the sea subjects. He has a compelling method in deliberating issues comprehensively but still convenient to digest, especially for academicians, practitioners, and law students (postgraduate). Settlement of International Dispute is considered as a foundation of the establishment and the development of International Law. Accordingly, there are plenty of books and writings had published addressing similar topic, however, Tanaka’s book is distinctive. Tanaka successfully gives the reader an exhaustive and extensive analysis of the procedures for dispute settlement both in traditional means and newly development. In addition, He complemented figures and tables to give the reader a comprehensive understanding.

Relationship Between International Environmental Law and Other Branches of International Law

2008 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Environmental Law ◽  
World Trade Organisation ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
The Law

International environmental law is neither a separate nor a self-contained system or sub-system of law. Rather, it is simply part of international law as a whole. It is true that many ‘environmental’ treaties and other legal instruments have been negotiated over the past half-century, and that the study of international environmental law is to a significant extent a study of these treaties and other instruments. Nevertheless, unlike World Trade Organisation (WTO) law, the law of the sea, or human rights law, international environmental law has never been systematically codified into a single treaty or group of treaties. There is neither a dedicated international environmental organisation nor an international dispute settlement process with the ability to give it coherence. This article provides the link between international environmental law and WTO law, the 1982 UN Convention on the Law of the Sea and the 1992 Convention on Biological Diversity, environment and human rights, and dispute settlement and applicable law.

scholarly journals The Environmental Jurisprudence of the International Tribunal for the Law of the Sea

2007 ◽  
Vol 22 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Dispute Settlement ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Settlement System ◽  
International Environmental Law ◽  
Environmental Disputes ◽  
Dispute Settlement System ◽  
Marine Environmental ◽  
Environmental Jurisprudence

AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

2013 ◽  
Vol 6 (1) ◽  
Author(s):  
RODEL A. TATON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Philippines ◽  
Law Of The Sea ◽  
Choice Of Procedure ◽  
International Dispute ◽  
The Status ◽  
Rules And Principles ◽  
The Republic ◽  
The Unclos

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

Part VIII Compliance, Implementation, and Effectiveness, Ch.60 International Environmental Law Disputes Before International Courts and Tribunals

2021 ◽  
Author(s):  
Klein Natalie
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Considerable Progress ◽  
Environmental Damage ◽  
International Environmental Law ◽  
International Courts ◽  
Ex Post ◽  
International Court ◽  
Ex Post Facto

This chapter examines how international environmental law (IEL) disputes are resolved before international courts and tribunals, addressing when parties will decide to litigate an IEL dispute as opposed to utilizing another form of dispute settlement. Assuming there is reason to pursue adjudication or arbitration, it looks at questions of jurisdiction. The chapter also considers preliminary matters that emerge in these cases, notably questions of standing and whether provisional measures are needed and may be secured before an international court or tribunal. It then turns to substantive matters, but only in the context of presentation of the case in terms of evidence and use of experts. Finally, the chapter assesses the available reparations in the resolution of IEL disputes before international courts and tribunals. Ultimately, considerable progress may be noted in respect of the use of international courts and tribunals for IEL disputes, but it is prudent to observe that in this area of international law, preventing the emergence of IEL disputes is ultimately more important than ex post facto responses to environmental damage.

scholarly journals A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes

2015 ◽  
Vol 22 (4) ◽  
pp. 578-597 ◽  
Author(s):  
David M. Ong
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Environmental Law ◽  
Case Law ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
International Environmental Law ◽  
China Sea

Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for co-operation towards the resolution of these disputes.

The Telders International Law Moot Court Case 2009: The Mare Liberum Case (Rosmarus v. Urusus)

2009 ◽  
Vol 22 (2) ◽  
pp. 384-388
Keyword(s):  
International Law ◽  
Environmental Law ◽  
The State ◽  
Law Of The Sea ◽  
Court Case ◽  
International Environmental Law ◽  
Public International Law ◽  
The Law ◽  
Oil Rig ◽  
Offshore Oil

This case concerns a claim for damages by the State of Rosmarus following an accidental explosion and leak at an offshore oil rig operated by the State of Urusus and the seizure of an Urusus-flagged fishing vessel by the State of Rosmarus. It involves issues of public international law, including the law of the sea, the law of treaties, and international environmental law.

scholarly journals Book Review: Dispute Settlement in the UN Convention on the Law of the Sea

2019 ◽  
Vol 36 (4) ◽  
pp. 867
Author(s):  
Joanna Mossop
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Detailed Examination ◽  
Law Of The Sea ◽  
Cambridge University ◽  
The Past ◽  
Unilateral Action ◽  
Solid Foundation ◽  
The Law

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. 

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