Papers by Maria Gavouneli
Book Review: International Law and the Environment
Environmental Values, Feb 1, 1994
Annexes
Unresolved Issues and New Challenges to the Law of the Sea, 2006
9 Offshore Energy: Troubled Waters in the Eastern Mediterranean Sea
Brill | Nijhoff eBooks, 2015
Regional arrangements for contingency planning and response
Edward Elgar Publishing eBooks, Jul 26, 2019
Energy at Sea: New Challenges Over Troubled Waters in the Eastern Mediterranean
Social Science Research Network, Aug 22, 2014
The presence of new sources of energy in the volatile system of the Eastern Mediterranean adds fu... more The presence of new sources of energy in the volatile system of the Eastern Mediterranean adds further complications in one of the most densely populated areas of the planet, most diverse in nature, most resplendent in areas of natural beauty and cultural importance, steeped in history and still open to the ever-developing problems of every-day life. This paper attempts to identify and explore the challenges created by the multiplicity of legal rules and regimes applicable in the Eastern Mediterranean area, keeping always in mind the jurisdictional problems arising in the compact environment of the region where everyone and its neighbor are too close for comfort.
From the Editors-in-Chief: Climate Justice and Future Generations
Yearbook of international environmental law, 2022
From the Editors-in-Chief: Future Challenges in International Environmental Law and Governance
Yearbook of International Environmental Law, Dec 1, 2019
From the Editors-in-Chief
Yearbook of International Environmental Law, 2017
Table of Legislation
Functional Jurisdiction in the Law of the Sea, 2007
This section of the book Functional Jurisdiction in the Law of the Sea contains a table of legisl... more This section of the book Functional Jurisdiction in the Law of the Sea contains a table of legislation. The principle of territoriality is derived directly from the territorial element of the State and denotes the sum of its legal competences, its 'plenary' jurisdiction, summa potestas. The connection between the State and its nationals is one of the oldest legal links. The book examines whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme.Keywords: functional jurisdiction; Law of the Sea
Table of Treaties
This section of the book Functional Jurisdiction in the Law of the Sea contains a table of treati... more This section of the book Functional Jurisdiction in the Law of the Sea contains a table of treaties discussed in the book. The book examines whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security.Keywords: coastal states; flag states; Law of the Sea; maritime security; treaties
Chapter 8. From Uniformity to Fragmentation? the Ability of the Un Convention on the Law of the Sea to Accommodate New Uses and Challenges
Brill | Nijhoff eBooks, 2006
The Law of the Sea Convention (LOS Convention) has been called "a Constitution for the Ocean... more The Law of the Sea Convention (LOS Convention) has been called "a Constitution for the Oceans". The horizontal structure of the LOS Convention is evident in the interplay between the flag State and the coastal State jurisdiction over the ship. The 1986 UN Convention on Conditions for Registration of Ships remains an exercise in ineffectiveness as it never entered into force. The International Labour Organisation (ILO) has set standards in the maritime sector and adopted conditions of employment of seafarers since the 1920s in a series of special maritime sessions, long before the International Maritime Organisation (IMO) entered the field in the 1970s, essentially with the 1978 International Convention on Standards of Training, Certification and Watch-keeping for Seafarers (STCW). Keywords: International Labour Organisation (ILO); International Maritime Organisation (IMO); LOS Convention; STCW
Part II. Challenges to the Jurisdictional Zones
This chapter discusses the challenges presented to the existing jurisdictional zones - variations... more This chapter discusses the challenges presented to the existing jurisdictional zones - variations to the rule. The major challenge today comes from the creation of 'ecological zones', where the coastal State shifts the emphasis from economic considerations to the protection of the environment. The exclusive economic zone was one of the two novelties brought by the Law of the Sea Convention to the traditional law of the sea, the other being the deep seabed Area. The first and most important casualty in a possible capitis diminutio of rights in the exclusive economic zone would necessarily involve the freedom of navigation. The coastal State can, therefore, request information, conduct a physical inspection, even arrest a polluting ship, once it has caused an incident in breach of its (flag State) obligations under international law.Keywords: coastal state; ecological zones; economic zone; jurisdictional zones; sea convention
European Court of Human Rights: Ould Dah v. France - Introductory Note by
International legal materials, 2009
... | Ayuda. European Court of Human Rights: Ould Dah v. France - Introductory Note by. Autores:M... more ... | Ayuda. European Court of Human Rights: Ould Dah v. France - Introductory Note by. Autores:Maria Gavouneli; Localización: International legal materials, ISSN 0020-7829, Nº 4, 2009 , pags. 869-896. © 2001-2011 Universidad de La Rioja · Todos los derechos reservados. ...
Rapports généraux : XIV Congrès international du droit comparé, Athènes, 1994 = General reports : XIV International Congress of Comparative Law, Athens, 1994
Section I.A. Histoire du droit et ethnologie juridique. Legal History and Ethnology. Section I.B.... more Section I.A. Histoire du droit et ethnologie juridique. Legal History and Ethnology. Section I.B. Theorie generale du droit et du philosophie du droit. General Legal Theory and Philosophy of Law. Section I.C. Droit compare et unification du droit. Comparative Law and Unification of the Law. Section II.A. Droit civil. Civil Law. Section II.B. Droit international prive. Private International Law. Section II.C. Procedure civile. Civil Procedure. Section II.D. Droit agraire. Agrarian Law. Section III.A. Droit commercial. Commercial Law. Section III.B. Droits intellectuels. Intellectual Rights. Section III.C. Droit du travail. Labour Law. Section III.D. Droit aerien et maritime. Air and Maritime Law. Section IV.A. Droit international public. Public International Law. Section IV.B. Droit constitutionnel. Constitutional Law. Section IV.C. Libertes publiques. Human Rights. Section IV.D. Droit administratif. Administrative Law. Section IV.E. Droit fiscal. Tax Law. Section V.A. Droit penal. Criminal Law. Section V.B. Procedure penale. Criminal Procedure. Section VI. Bibliographie. Bibliography. Section VII. Informatique juridique. Computers. Section VIII. Faculte internationale pour l'enseignement du droit compare. International Faculty for the Teaching of Comparative Law.
Part III. Challenges to the Allocation of Jurisdiction
At present, both within the confines of coastal State jurisdiction and much more importantly, in ... more At present, both within the confines of coastal State jurisdiction and much more importantly, in the areas under the high seas, 'bioprospecting' has become the most immediately exploitable resource of the seabed. It is also true that the structure created under the Law of the Sea Convention applies only to mineral resources. Under the Law of the Sea Convention all activities in the Area would fall under the jurisdictional powers of the International Seabed Authority. The general objective of the 1992 Convention on Biological Diversity may seem to have been drafted with genetic resources and bioprospecting in mind. The Biodiversity Convention operates on the territoriality principle for components of biological diversity found in areas within the limits of national jurisdiction and reverts to flag State jurisdiction for processes and activities carried out beyond the limits of national jurisdiction.Keywords: biodiversity convention; biological diversity; coastal state jurisdiction; International seabed authority
International legal materials, Mar 29, 2023
The points raised and addressed in the present decision may well read like a checklist for future... more The points raised and addressed in the present decision may well read like a checklist for future submissions on climate change-related matters. And as climate change litigation proliferates and expands before international instances and domestic courts, involving not only states but also corporations, 19 such an attempt at codification may in fact become the agenda of the future. ENDNOTES 1 U.N. Human Rights Committee (HRC), Daniel Billy v. Austl.
Protecting Women Fishers: the Gender Parameters of Labour Rights at Sea
Brill | Nijhoff eBooks, Feb 14, 2019
Liability for Damage to the Marine Environment. Edited by Colin M. De La Rue. [London: Lloyd's of London Press in association with the Comité Maritime International. 1993. 292 pp. ISBN 1-85044-535-4. £55]
International and Comparative Law Quarterly, Oct 1, 1994
... Article author query; gavouneli m [Google Scholar]. Maria Gavouneli. ... ISBN 1-85044-535-4. ... more ... Article author query; gavouneli m [Google Scholar]. Maria Gavouneli. ... ISBN 1-85044-535-4. £55].Maria Gavouneli (1994) International and Comparative Law Quarterly, Volume 43, Issue 04, October 1994 pp 959-960 http://journals.cambridge.org/abstract_S0020589300057225. ...
Functional Jurisdiction in the Law of the Sea
... Pollution Act (USA) Oregon LR Oregon Law Review OSPAR Convention for the Protection of the ..... more ... Pollution Act (USA) Oregon LR Oregon Law Review OSPAR Convention for the Protection of the ... Thomas A. Clingan, Jr., Mar presencial (the presential sea): déjà-vu all over again? ... exclusive economic zone (EEZ)20, high seas21; and two categories of marine underwater areas ...
From the Editors-in-Chief
Yearbook of International Environmental Law, 2016