Suchergebnisse

Maritime spaces are socially constructed by humans and refer to seas and islands, coasts, port cities and villages, as well as ships and other human-made marine structures. Social interaction with marine environments and living beings, e.g. in a symbolic, cultural or economic manner, has led to the emergence of spatial structures which affect the knowledge, beliefs, meanings and obstinately patterns. Those structures shape mutual expectations of human beings and form the perception, imagination, or memory of inhabitants of maritime spaces. They enable or restrict human action, construct people's everyday life, their norms and values, and are changeable. Contributors include: Jan Asmussen, Robert Bartłomiejski, Benjamin Bowles, Isabel Duarte, Eduardo Sarmento Ferreira, Rita Grácio, Marie C. Grasmeier, Karolina Izdebska, Seung Kuk Kim, Agnieszka Kołodziej-Durnaś, Arkadiusz Kołodziej, Maciej Kowalewski, Urszula Kozłowska, Ulrike Kronfeld-Goharani, Rute Muchacho, Giacomo Orsini, Włodzimierz Karol Pessel, Célia Quico, Harini Sivalingam, Joana Sousa, Frank Sowa, Nuno Cintra Torres, and Günter Warsewa

Abstract The purpose of this paper is to introduce a set of themes deemed as significant in the preparation of an agenda of research about maritime spaces. It starts from a specific knowledge field - geography - in order to raise a connection with other knowledge fields. Maritime space is defined as a surface of inaccurate extension where activities are carried out, specific uses are assigned, and territories are delimitated; therefore, it involves communication and circulation routes such as navigation routes, transoceanic canals, waters sheltered and bordered by isthmuses, prolongation of the topography in the continental shelf and zones of fluvio-marine and land-sea relations. Four points were defined: a) circulation; b) frontiers and borders; c) resources; and d) the environment, associated with broader issues such as international flows and networks, spatial regulation, conflicts and tensions, vulnerability of zones of land-sea relation. Concepts as maritime space and regulation surfaces are reinforced in order to build a connection in the interdisciplinary field.

This is the story of the cannon as a tool to delimit maritime space in the history of the law of the sea. It is a story that spans from the 17th to the 20th century – it is a story about a state practice that became legal theory, technological progress and Western dominance in international law.

For the Philippines, China's actions in the contested maritime region are alarming, and the costs of not doing anything—or not doing enough—come with a high price.

Viewed through the standard prisms of international politics, escalation of security tensions is the definitive feature in the evolution of relations between China and Southeast Asia over the last decade. Disagreements over territorial ownership of and rights to the South China Sea sharpened and arguably became the defining feature of regional geopolitics. Yet, China and Southeast Asia have also managed to prove predictions of fateful conflict to be premature. In this article, we study Chinese and Southeast Asian strands of security discourse, which provide political and diplomatic cover for cooperative interaction in parallel with little or no compromise on security principles. Then we select interactions between China and the Philippines and China and Vietnam as cases to illustrate our observations. We conclude by postulating that, at least in the maritime space, tension management rather than conflict resolution is more likely to be the continuing feature into the future.

International Court of Justice — Jurisdiction — Treaty — Pact of Bogotá — Effect of denunciation — Whether termination of Pact by Colombia precluding the Court from having jurisdiction over claim filed before expiry of one year from denunciation — Articles XXXI and LVI of Pact — Requirement of dispute — Whether there existed a dispute on subject-matter of claim brought by Nicaragua — Dispute over alleged violation by Colombia of sovereign rights — Dispute over alleged violation by Colombia of prohibition of use of force — Whether precondition under Article II of Pact satisfied — Prospect of negotiated settlement — Inherent jurisdiction of the Court — Whether Nicaragua's claim was an attempt to enforce 2012 judgmentInternational Court of Justice — Counterclaims — Jurisdiction in respect of counterclaims — Requirement of connection between counterclaim and main claim — Article 80 of Rules of Court — Admissibility of counterclaims — Direct connection — Direct connection in fact — Direct connection in law — Whether Colombia's counterclaims directly connected with Nicaragua's original claim — Jurisdiction — Whether lapse of a title of jurisdiction affecting Court's jurisdiction over Colombia's counterclaims — Whether there existed a dispute concerning subject-matter of Colombia's third and fourth counterclaims — Whether precondition under Article II of Pact was met in relation to the third and fourth counterclaims