Law of the Sea, Environmental Law and Settlement of Disputes: Liber Amicorum Judge Thomas A. Mensah

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Tafsir Malick Ndiaye, Rüdiger Wolfrum, Chie Kojima
Martinus Nijhoff Publishers, 2007 - Law - 1 pages
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This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.
  

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Contents

An Asian Perspective
3
Reflection on its Composite Nature
21
Reflections on
35
The European Convention on Human Rights and Fundamental
53
Some Thoughts on the Treatment of InterGovernmental
97
Reflections on the Judicial Function in International Law
121
Provisional Measures or the Dangers of Being Too Exceptional
143
Considerations actuelles sur linexécution des decisions de la Cour
215
Offshore Bunkering in the Exclusive Economic Zone
613
Some Reflections on the Effect of Artisanal Fishing on Maritime
629
States Parties and the Commission on the Limits of the Continental
669
The Rise and Rise of IMOs Liability and Compensation Regimes 687 Rosalie Balkin
713
of the FAO Constitution International Legal Personality
735
Regional Fisheries Management Organisations and NonMembers
751
The EU Directive on ShipSource Pollution and on the Introduction
767
Some International Law Aspects of the Use of Vessel Monitoring
811

The Interplay between Negotiation and Litigation in International
235
La recevabilité devant les juridictions internationales
249
Courts Tribunals and
313
Preparation for International Litigation
327
Taking and Assessing Evidence in International Adjudication
341
and the Process of International LawMaking
371
The Law of the Sea and the Margin of Appreciation
389
Uniform Application of the International Regime on Liability
421
Peaceful Uses of the Seas in the Light of New Challenges and Threats 437 A L Kolodkin Y V Bobrova and G G Shinkaretskaia
443
Selected Issues
463
International Law Governing Places of Refuge for Tankers Threatening
497
Public Trusteeship for the Oceans
521
Principes règles
545
Categories of International Straits Excluded from the Transit Passage
583
of the United Nations Convention on the Law of the Sea
847
The Southern Bluefin Tuna Case and Dispute Settlement under
867
From Port State to Court State? International Litigation as a Possible
899
BarbadosTrinidad and Tobago Maritime Delimitation
917
Arbitrations under Annex VII of the United Nations Convention on
989
The Contribution of ITLOS to Oceans Governance through Marine
1007
Prompt Release Cases in ITLOS
1025
International Approaches to Global Environmental Challenges
1055
The Establishment Role and Evolution of the Global Environment
1077
The UNCC Followup Programme for Environmental Awards
1109
Strict Liability in International Environmental Law
1131
with Specific
1153
Copyright

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About the author (2007)

Tafsir Malick Ndiaye is Judge of the International Tribunal for the Law of the Sea.Rüdiger Wolfrum is Judge of the International Tribunal for the Law of the Sea; Director, Max Planck Institute for Comparative Public Law and International Law, Heidelberg; Professor of Law, University of Heidelberg, Germany.

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