This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.

This book is the culmination of research collaboration between the Nelson Mandela University and the University of Johannesburg, and, in particular, between the South African Research Chair in the Law of the Sea and Development in Africa (housed at Nelson Mandela University) and the Centre for Banking Law (housed at the University of Johannesburg). The topics considered have their roots respectively in international law, environmental law, public law and international trade law. The common denominator is the sea.

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2019 edition is the Yearbook's 25th volume. To commemorate this achievement, this volume has two reflective articles: the first article presents the history of DILA and its flagship publication, this Yearbook; and the second article provides an overview of the Yearbook's State Practice section beginning with volume 1 to volume 24.

The chapters in this volume focus on the future of law and related disciplines: international law (contract, trade and investment law), constitutional law, data protection law, environmental law, law of persons and the family, law of delict, civil procedure, labour law and legal research methodology are but a few topics which are addressed.

Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

This book deals with the various interdisciplinary issues of the Indian Ocean, individually and collectively, such as its history, geography, nautical elements, economics, trade routes (old and new), blue economy, deep-sea mining, fisheries management, tourism, scourge of piracy, pollution, Law of the Sea (UNCLOS 1982), and the different perspectives of its littoral countries on geopolitics, international law, international relations and maritime partnerships. It is the most important ocean in the world – 33% of the global population lives in the area and 50-60% of the world’s maritime trade transits through it. In addition, around 60% of global oil, and 26% of global gas reserves, along with pristine beaches are located here. To comprehend the interdisciplinary issues, the editor embarked on a voyage to discover, persuade and collaborate with exceptionally brilliant, influential experts from prominent littoral countries – India, Indonesia, Iran, South Africa, Malaysia and Singapore – with relevant experience to expound the above subject areas. In addition, geopolitical conflicts/hostilities and trade wars are on the rise; war seems inevitable but not imminent. Any conflict is likely to originate in other oceans and seas but will end up impacting the Indian Ocean’s littoral countries. Accordingly, these countries must comprehend the interdisciplinary issues and the special role of the Indian Ocean to prevent all-encompassing wars/hostilities from widening at a global level and thereafter must flesh out plans to shield themselves. They must also understand the area’s role in working towards global peace by comprehending the above interdisciplinary issues. The role of the Indian Ocean in global peace can only be achieved through maritime partnerships between its littoral countries, and their avoidance of impulses to invite outside power(s) to balance each other’s power. However, maritime partnerships are easier said than done. At the very least, the maritime partnership between two major Indian Ocean littoral powers – India and Indonesia – is critical to shield the region from geopolitical firestorms. Hopefully, this maritime partnership’s tactic of embracing a carrot-and-stick approach will eventually persuade global powers from outside the Indian Ocean region to improve their conduct to achieve global peace.

South Africa and the Law of the Sea brings together the many threads of the rich South African marine-law tapestry by covering both the public international law as context and the details of South African marine law and policy within their African framework.