Part I. The Regulation of Vessel-Source Pollution in its Eco-Political Context: 1. Vessel-source pollution, the ecological imperative and the compliance problem 2. The dynamics of the law-making process: actors, arenas and interests Part II. Vessel-Source Pollution and the International Legislative Process: 3. Vessel-source pollution and the regime formation process 4. Jurisdiction over vessel-source marine pollution 5. Implementation and compliance 6. Liability and compensation Part III. The Future of Regulation: 7. Challenges and prescriptions.

Vessel-Source Marine Pollution: The Law and Politics of International Regulation

This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea. Covering a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea Arbitration, it also includes chapters on conservation of marine living resources and biological diversity, protection of the marine environment, and international peace and security at sea, as well as building further on such topics as the impact of climate change on the oceans. A precise and readable book, with many figures and tables, The International Law of the Sea continues to be the best choice for students wanting to understand the law of the sea.

The International Law of the Sea

Emerging robustly in the 1990s as a global tour de force in the globalisation process, ‘multinational corporations’ (MNCs), also referred to as ‘multinational enterprises’ (MNEs) or ‘transnational corporations’ (TNCs) introduced complex international structures connected to states, but at the same time transcending national boundaries. According to Shaw, MNCs ‘constitute private organisations comprising several legal entities linked together by parent corporations and are distinguished by size and multinational spread’. The operations of multinational corporations raise important questions of shared responsibility, because of the globalised nature of their operations and the impact of their activities. As Clapham correctly pointed out, a single actor by its action can generate multiple violations by a range of actors, thereby raising the question of shared responsibility and allocation of liability. In other words, an MNC through its global transactions with other actors may set in motion a chain of activities that may lead to multiple harmful outcomes and subsequent claims. The situation is further complicated by the structure of international law and the fact that at present there is no international tribunal or court that has jurisdiction over MNCs. It is argued in this chapter that despite the conceptual difficulties in applying shared responsibility to MNCs under international law, there are significant developments at the international level which may facilitate allocation of shared responsibilities between MNCs and other entities implicated in a violation of international law.

This chapter starts by contextualising the situations that may lead to shared responsibility between MNCs and other parties under international law (section 2). The chapter thereafter discusses the state of international law on the responsibility of states for the actions of MNCs (section 3). The chapter also examines situations that may lead to shared responsibility in the interaction between home states, host states and MNCs, especially in the context of investment treaties (section 4). The chapter further examines existing soft law rules on the international responsibility of MNCs and their potential implication (if any) for the concept of shared responsibility (section 5). Attention is paid to the United Nation’s Framework for Business and Human Rights (Framework) and the Guiding Principles on Business and Human Rights (Guiding Principles) developed by the former United Nations (UN) Special Representative for Human Rights and Business, John Ruggie, because of their currency and possible potential for the future. The chapter also discusses the relevant case law (section 6) and conceptual difficulties posed by the current structure of international law to shared responsibility of MNCs (section 7).

/pdf/the-practice-of-shared-responsibility-in-international-law-45w6ngwf3t.pdf

The Practice of Shared Responsibility in International Law

The defences available to an agent accused of wrongdoing can be considered as justifications (which render acts lawful) or excuses (which shield the agent from the legal consequences of the wrongful act). This distinction is familiar to many domestic legal systems, and tracks analogous notions in moral philosophy and ordinary language. Nevertheless, it remains contested in some domestic jurisdictions where it is often argued that the distinction is purely theoretical and has no consequences in practice. In international law too the distinction has been fraught with controversy, though there are increasing calls for its recognition. This book is the first to comprehensively and thoroughly examine the distinction and its relevance to the international legal order. Combining an analysis of state practice, and historical, doctrinal and theoretical developments, the book shows that the distinction is not only possible in international law but that it is also one that would have important practical implications.

Justification and Excuse in International Law: Concept and Theory of General Defences

Part I General Principles: 1 Introduction: policing the oceans 2 Basic principles of maritime jurisdiction Part II Interdiction and Maritime Policing: 3 General introduction to Part II 4 Piracy and the slave trade 5 Drug trafficking 6 Fisheries management 7 Unauthorized broadcasting on the high seas 8 Transnational crime: migrant smuggling and human trafficking 9 Maritime counter-proliferation of weapons of mass destruction Part III The General Law of Interdiction: 10 Interdiction: modalities and international law standards 11 National jurisdiction and immunities during interdictions 12 International responsibility and settlement of claims 13 General conclusions: a law of interdiction?

/pdf/shipping-interdiction-and-the-law-of-the-sea-2d7lg535ch.pdf

Shipping Interdiction and the Law of the Sea

/pdf/the-common-heritage-of-mankind-past-present-and-future-5a3zjdobsq.pdf

The Common Heritage of Mankind: Past, Present, and Future

The law of multiple state responsibility is undeveloped. The scholarly literature is surprisingly devoid of reference to the circumstances or consequences of multiple state responsibility.' Judicial or arbitral decisions addressing a state's assertions that other states share responsibility are essentially unknown. Given this lack of attention to multiple state responsibility, it is not surprising that the issue of reparation in such circumstances has received even less attention. Yet, a mature system of international law must comprehend the responsibility of multiple state actors for a single event-including the responsible states' duties of reparation.

/pdf/state-responsibility-and-the-principle-of-joint-and-several-4lug0moln7.pdf

State Responsibility and the Principle of Joint and Several Liability

Preface Acknowledgments Table of Figures Table of Abbreviations Table of Treaties and Other International Instruments Table of Cases Chapter 1: Introduction Chapter 2: Freedom of the High Seas Chapter 3: Nationality of Vessels Chapter 4: Jurisdiction of the Flag State Chapter 5: Baselines Chapter 6: Maritime Delimitation Chapter 7: Internal Waters and Ports Chapter 8: Territorial Sea, Contiguous Zone, Straits, and Archipelagic Waters Chapter 9: Exclusive Economic Zone Chapter 10: Continental Shelf Chapter 11: The Deep Seabed Chapter 12: Protection and Preservation of the Marine Environment . Chapter 13: Conservation and Management of High Seas Living Resources Chapter 14: Maritime Terrorism Chapter 15: Settlement of Disputes

Cases and Materials on the Law of the Sea

This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution—the Commission on the Limits of the Continental Shelf—to make recommendations concerning them. Limits set by coastal states “on the basis of” such recommendations “shall be final and binding.” Yet the Law of the Sea Convention’s third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean

/pdf/judicial-and-arbitral-proceedings-and-the-outer-limits-of-1a3ojopt3d.pdf

John E. Noyes

Papers

The Common Heritage of Mankind: Past, Present, and Future

State Responsibility and the Principle of Joint and Several Liability

Cases and Materials on the Law of the Sea

Judicial and Arbitral Proceedings and the Outer Limits of the Continental Shelf

The Territorial Sea and Contiguous Zone