This thesis investigates the extent to which international law provides a normative framework for the management of the Spratly Islands area in the absence of agreed maritime delimitation, with the... Show moreThis thesis investigates the extent to which international law provides a normative framework for the management of the Spratly Islands area in the absence of agreed maritime delimitation, with the aim of maintaining peaceful coexistence of the disputant States and promoting international cooperation. In addition to the introductory and concluding chapters, this thesis consists of two parts: Part I (Coexistence) and Part II (Cooperation). Part I, comprising chapters 2-4, seeks to set out a predictable territorial order and a permissible scope for unilateral behaviours to ensure peaceful coexistence of the disputant States. Part II, including chapters 5-7, outlines international legal frameworks for inter-State cooperation in resource and pollution management concerning the Spratly Islands area. This thesis concludes that the functions of international law in managing this region can be achieved through the interaction between its substantive and procedural elements, despite its limitations resulting from the classic ‘territoriality’ model of jurisdiction. This thesis will hopefully provide a balanced perspective on the roles of international law and advocate a blueprint of cooperation that can be undertaken at a relatively low level of efforts or changes by making use of the existing international instruments or available cooperative mechanisms as much as possible. Show less
Looking for a global and corrective measure to reduce greenhouse gas emissions from international civil aviation has been facing legal obstacles. These obstacles took the form of conflicts of... Show moreLooking for a global and corrective measure to reduce greenhouse gas emissions from international civil aviation has been facing legal obstacles. These obstacles took the form of conflicts of norms linked to the general challenge of the interactions between international aviation law, climate change law and the law of the European Union. Using evolutionary interpretation of the Chicago Convention in order to reconcile norms of substantive and institutional nature emerged as the best solution. However, this method perpetuates legal uncertainty and poses the general challenge of flexibly and elasticity of the Chicago Convention in response to the climate change challenge. This study examines the above mentioned issues of interactions between legal orders and provides recommendations to restore legal certainty needed to ensure sustainable development of international civil aviation. More specifically, this study reveals the underestimated relevance of the ongoing distinction between the legal regimes of air navigation and international air transport, which is a key legal element in the search for a global and corrective solution to the impact of international civil aviation on climate change. Show less
