USLUGE I VLADAVINA PRAVA - neka pitanja iz oblasti prava mora i svojevrsnih usluga državama u duhu vladavine prava -

2021 ◽  
Author(s):  
Jasmina Krštenić ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Order ◽  
Law Of The Sea ◽  
International Level ◽  
Related Services ◽  
Future Action ◽  
The Law

Giving attention to the legal relations in special international public law branch which its existence connects to the biggest part of the Planet, unresearched completely, it is absolutely important for modern way of living. In a period of questioning of boundaries and possibilities of future existence of ancient principles of legitimate rule, we need to pay attention to, at least for a glance, issues which tangle the subjects of legal relations regulated by rules under law of the sea. Lot of people use sea routes, a certain part of population of continental states uses the benefits of the sea although they do not ask themselves about order and way of functioning that huge system which demands obeying rules defined on international level. Struggle to reach an agreement was long and difficult, results are visible and used, and agreed terms and established rules, could be changed. It is important to know certain circumstances, some demands and the essence of the agreement reached. The sea as a road, the source of life, and this time, the source of international rules governing legal order on sea’s surface and endless depths. We will get acquainted with the basics of the law of the sea and some sorts of sea related services. We will consider some problems and ways of solving these problems with the provision of proposed guidelines for future action within the framework of the international law of the sea.

Book Reviews

2021 ◽  
Vol 62 (1) ◽  
pp. 649-680
Keyword(s):  
International Law ◽  
Public Law ◽  
Law School ◽  
Law Of The Sea ◽  
Professor Emeritus ◽  
Public International Law ◽  
Cambridge University ◽  
Oxford University ◽  
The Law ◽  
Oxford University Press

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)

The Impact of Sea Level Rise on Maritime Limits: A Grotian Moment in the Law of the Sea?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 277-303
Author(s):  
Snjólaug Árnadóttir
Keyword(s):  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Paradigm Shift ◽  
Legal Order ◽  
Law Of The Sea ◽  
National Jurisdiction ◽  
The Law ◽  
Coastal Features ◽  
The Impact

Abstract The legal order of the oceans centres on coastal geography which is undergoing unprecedented changes. Claims to national jurisdiction are based on distance from the coast and are only enforceable as long as they are consistent with international law. Consequently, sea level rise and submergence of coastal features can affect the location and enforceability of unilateral maritime limits and bilateral boundaries. Some States wish to maintain previously established entitlements around submerged territory but the only way to prevent fluctuations of unilateral limits is through artificial conservation of coastlines. Therefore, a change, in either the location of maritime entitlements or rules governing such entitlements, is inevitable. It has been proposed that maritime limits should be frozen to ensure opposability as coastlines change. That would enable States to exercise sovereignty and sovereign rights over areas that have no anchor in coastal territory, arguably causing a departure from the land dominates the sea principle and a Grotian Moment in the law of the sea. However, this article concludes that it is unlikely that proposals to freeze maritime limits will change the law of the sea and that the proposals may in fact serve to deter another paradigm shift, one that involves a departure from the principle of stable boundaries.

The Treaty on Treaties

1970 ◽  
Vol 64 (3) ◽  
pp. 495-561 ◽  
Author(s):  
Richard D. Kearney ◽  
Robert E. Dalton
Keyword(s):  
International Law ◽  
Essential Element ◽  
Legal Order ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Law ◽  
United Nations Charter ◽  
International Law Commission ◽  
Preparatory Work

The Vienna Convention on the Law of Treaties, the product of two lengthy sessions of the hundred-and-ten-nation conference held in 1968 and 1969 and of preparatory work extending over fifteen years by the International Law Commission, is the first essential element of infrastructure that has been worked out in the enormous task of codifying international law pursuant to Article 13 of the United Nations Charter. The previous codification treaties, the four conventions on the Law of the Sea, the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations and the Convention on the Reduction of Statelessness, did not, despite their intrinsic importance, grapple with the fundamentals of constructing a world legal order.

The International Law Commission Tomorrow: Improving its Organization and Methods of Work

1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath
Keyword(s):  
International Relations ◽  
International Law ◽  
Term Effect ◽  
Law Of The Sea ◽  
Long Term Effect ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.

Normative propositions of the International Tribunal for the Law of the Sea

2021 ◽  
Vol 11 (3) ◽  
pp. 3-18
Author(s):  
Roman Kolodkin
Keyword(s):  
International Law ◽  
Legal Reasoning ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Norms ◽  
Judicial Decisions ◽  
The Law ◽  
Obiter Dictum ◽  
International Law Commission ◽  
Advisory Opinions

Normative propositions of the international courts, including these of the International Tribunal for the Law of the Sea, are considered in the paper as provisions in the judicial decisions and advisory opinions, spelling out, formulating or describing international law norms, prescriptions, prohibitions or authorizations, which are applicable, in the court’s view, in the case at hand and the similar cases. Such a proposition is considered to be a description of a legal norm, its spelling out by a court, but not a norm or its source. In contrast with legal norms, judicial normative propositions are descriptive, not prescriptive; they may be true or wrong. Normative propositions are not transformed into norms solely by their repetition in judicial decisions. The author considers not only ITLOS decisions but also the Tribunal’s and its Seabed disputes chamber advisory opinions containing normative propositions to be subsidiary means for the determination of the rules of law under article 38(1(d)) of the International Court of Justice Statute. The legal reasoning of the Tribunal’s decision, not its operative provisions, usually features normative propositions. While strictly speaking, the decision addresses the parties of the dispute, normative propositions in the reasoning are in fact enacted by the Tribunal urbi et orbi aiming at all relevant actors, ITLOS including. They bear upon substantive and procedural issues, rights and obligations of relevant actors; they may also define legal notions. The Tribunal provides them as part of its reasoning or as obiter dictum. It is those provisions of the Tribunal’s decisions that are of particular importance for international law through detailing treaty- and verbalizing customary rules. However, the States that have the final and decisive say confirming or non-confirming the content and binding nature of the rules spelt out or described by the Tribunal in its normative propositions. Meanwhile, States are not in a hurry to publicly react to the judicial normative propositions, particularly to those of ITLOS, though they refer to them in pleadings or when commenting on the International Law Commission drafts. At times, States concerned argue that international judicial decisions are not binding for third parties. While the States are predominantly silent, ITLOS reiterates, develops and consolidates normative propositions, and they begin to be perceived as law. The paper also points to the possibility of the Tribunal’s normative propositions being not correct and to the role of the judges’ dissenting and separate opinions in identifying such propositions.

China and International Adjudication

2021 ◽  
Author(s):  
Thomas S. Eder
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Case Law ◽  
Comprehensive Analysis ◽  
Legal Order ◽  
Great Power ◽  
Law Of The Sea ◽  
International Legal Order ◽  
International Adjudication

China aims to become a “leader country” in international law that “guides” the international legal order. Delivering the first comprehensive analysis of case law and Chinese academic debates from 2002 to 2018, this book shows that gradually increased engagement with international adjudication is part of a broad effort to consolidate China’s economic and political gains, and regain great power status. It covers trade, investment, territorial and law of the sea matters – including the South China Sea disputes – and delineates a decades-long process between caution and ambition. Both in debate patterns and in actual engagement, this book finds remarkable similarities in all covered fields of law, merely the timetables differ.

The South China Sea

Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Use Of Force ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Government Behavior ◽  
China Sea ◽  
The Law

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend

2021 ◽  
pp. 1-22
Author(s):  
Andreas Motzfeldt Kravik
Keyword(s):  
International Law ◽  
Current Trend ◽  
The United States ◽  
Legal Framework ◽  
Great Powers ◽  
Great Power ◽  
Law Of The Sea ◽  
The Law ◽  
Law Making ◽  
Multilateral Treaties

Abstract The article explores the current stagnation in multilateral law-making based on an analysis of recent treaty attempts across various subfields of international law. It further examines why the law of the sea has continued to evolve despite this trend. The article demonstrates that states still regularly seek multilateral treaties to address new challenges. While there is some evidence of general treaty saturation, it is the current inability of traditional great powers to negotiate new binding norms which is the most constraining factor on multilateral law-making. This in turn is related to deeper geopolitical shifts by which traditional great powers, notably the United States and its allies, have seen their relative influence decline. Until the current great power competition ends or settles into a new mode of international co-operation, new multilateral treaties with actual regulatory effect will rarely emerge. The law of the sea has avoided the current trend of stagnation for primarily three reasons (i) a global commitment to the basic tenets of the law of the sea; (ii) a legal framework that affords rights and obligations somewhat evenly disbursed, allowing less powerful states to use their collective leverage to advance multilateral negotiations, despite intermittent great power opposition; and (iii) the avoidance of entrenched multilateral forums where decisions are reached by consensus only.

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