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Your search keyword '"Kwiatkowska Barbara"' showing total 15 results
Start Over Author "Kwiatkowska Barbara" Journal american journal of international law
15 results on '"Kwiatkowska Barbara"'

2. Arbitration - jurisdictional effect of different dispute settlement provisions in related treaties - high seas fishing - relationship between UN Convention on the Law of the Sea and specialized treaties.

Author

Kwiatkowska, Barbara

Subjects
Commercial treaties -- Interpretation and construction, Fish industry -- Laws, regulations and rules, Fishery law -- Interpretation and construction, United Nations Convention on the Law of the Sea, Convention for the Conservation of Southern Bluefin Tuna, 1993
Abstract

The author discusses the Southern Bluefin Tuna arbitration decision between Australia/New Zealand and Japan regarding Japan's attempt to unilaterally increase their take of tuna and the tribunal's attempt to interpret various treaties governing the matter.

Published
2001

3. Provisional measures pending constitution of an arbitral tribunal under UN Convention on the Law of the Sea - conservation of highly migratory fish stocks - prima facie jurisdiction - urgency - preservation of the respective rights of the parties - prevention of serious harm to the marine environment - precautionary principle.

Author

Kwiatkowska, Barbara

Subjects
Bluefin tuna -- Protection and preservation, Fishery conservation -- Cases, Commercial arbitration -- Cases, Conflict of laws -- Jurisdiction, Southern Bluefin Tuna, Order on Provisional Measures (Int'l Trib. Law Sea Aug. 27, 1999), United Nations Convention on the Law of the Sea
Abstract

The International Tribunal for the Law of the Sea ruled against Japan in Southern Bluefin Tuna, Order on Provisional Measures, giving an arbitral court jurisdiction over the dispute between Japan and New Zealand and Australia regarding the harvesting of bluefin tuna and sets fishing limits for all countries involved.

Published
2000

4. IJC under the optimal clause - relevance of legality of act to validity of reservation in jurisdiction made in contemplation of such acts - high seas - conservation and management measures.

Author

Kwiatkowska, Barbara

Subjects
Jurisdiction (International law) -- Cases, Treaties -- Reservations, Spain v. Canada (I.C.J. Dec. 4, 1998), Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, 1978
Abstract

This article discusses a case before the International Court of Justice that held it lacked jurisdiction to rule on the arrest at sea by the Canadian Coast Guard of a Spanish trawler to prevent the over-fishing of Greenland halibut. Relevant points include efforts by Spain to avoid Canada's reservation to the Court's jurisdiction and Spain's argument to the Court that Canada's reservation was in conflict with international law.

Published
1999

10. BARBADOS/TRINIDAD AND TOBAGO.

Author

Kwiatkowska, Barbara

Subjects
*INTERNATIONAL courts, *FISHERIES, *CONTINENTAL shelf, *TERRITORIAL waters, *TERRITORIAL jurisdiction, *INTERNATIONAL relations
Abstract

The article reports on the decision by the Annex VII Barbados/Trinidad and Tobago Arbitral Tribunal which dismissed Trinidad's objections against Barbadian fishing in what it believes are beyond their maritime boundary. The tribunal also upheld its jurisdiction to delimit the two countries' overlapping continental shelf areas.

Published
2007

11. INTERNATIONAL DECISIONS.

Author

Kwiatkowska, Barbara and Oxman, Bernard H.

Subjects
*BLUEFIN tuna fisheries, *INTERNATIONAL arbitration, *MARITIME law, *INTERNATIONAL cooperation
Abstract

Focuses on the Southern Bluefin Tuna case, which arose out of a dispute under the trilateral Convention for the Conservation of Southern Bluefin Tuna between Australia and New Zealand, on one hand, and Japan, on the other. Arbitration of the case; Jurisdictional effect of different settlement provisions in related treaties; Relationship with the United Nations Convention on the Law of the Sea.

Published
2001

12. Southern Bluefin Tuna international decisions.

Author

Kwiatkowska, Barbara

Subjects
*MARINE resources conservation laws, *MARITIME law, *FISH stocking, *INTERNATIONAL cooperation
Abstract

Presents decision of the International Tribunal for the Law of the Sea on the cases of New Zealand versus Japan and Australia versus Japan. Disagreement between countries regarding limit of southern bluefin tuna; Details and proceedings of the cases; Violation of agreements in Convention for the Conservation of Southern Bluefin Tuna.

Published
2000
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13. International decisions.

Author

Kwiatkowska, Barbara and Oxman, Bernard H.

Subjects
*JURISDICTION (International law), *FISHERY laws, *INTERNATIONAL courts, *PEACEFUL settlement of international disputes
Abstract

Presents the case Spain versus Canada decided by the International Court of Justice (ICJ) concerning conservation and management measures taken by Canada regarding vessels fishing in the North Atlantic Fisheries Organization regulatory area. ICJ jurisdiction under the optional clause; Relevance of legality of acts to validity of reservation; High seas; Amendment of Canadian Coastal Fisheries Protection Act.

Published
1999

15. Book reviews and notes.

Author

Kwiatkowska, Barbara and Bilder, Richard B.

Subjects
NEW International Law of Fisheries, The (Book)
Abstract

Reviews the book `The New International Law of Fisheries: UNCLOS 1982 and Beyond,' by William T. Burke.

Published
1995

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