Maria Gavouneli | National & Kapodistrian University of Athens (original) (raw)
Papers by Maria Gavouneli
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
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
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
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
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. ...
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.
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.
Brill | Nijhoff eBooks, Feb 14, 2019
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. ...
... 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 ...
Yearbook of International Environmental Law, 2016
Social Science Research Network, 2017
an ITLOS Special Chamber issued its decision on the delimitation of the maritime boundary between... more an ITLOS Special Chamber issued its decision on the delimitation of the maritime boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean. At stake were millions of barrels of oil in the Tweneboa Enyenra Ntomme (TEN) oilfields, an area discovered in 2009 and brought to production in 2016-at a time the case was already brought before ITLOS with a request for provisional measures, which put a temporary halt to the full development of the field.
European Journal of International Law, Feb 1, 2012
Nicolas Politis argued in 1935 that the law of neutrality was obsolete, a product of the internat... more Nicolas Politis argued in 1935 that the law of neutrality was obsolete, a product of the international anarchy of the times, doomed to be replaced by a new centralized international community. His vision of the League of Nations ended in the fire of World War II but his prediction proved to be mostly true. In the collective security system created by the UN Charter and its prohibition of the use of force, the traditional rules of neutrality do not find scope of application. Yet, transposed into fundamental principles of humanitarian law, they continue to rule over peacekeeping and humanitarian operations. In addition, they complement the existing rules for military action mandated by the UN Security Council, especially during operations at sea. He was essentially right: the institution had to change and it has changed.
Martinus Nijhoff Publishers eBooks, May 30, 2011
International legal materials, Aug 1, 2009
Social Science Research Network, 2014
STATE JURISDICTION IN RELATION TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Since... more STATE JURISDICTION IN RELATION TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Since it is generally agreed that jurisdiction is an aspect of sovereignty, 1 State jurisdiction in relation to the protection and preservation of the marine environment denotes the competence of the State authorities under international law to regulate the activities of State organs and private individuals, natural and juridical persons alike, in the marine area. As with all allocations of State power, the notion of jurisdiction includes a geographical element: it designates the outer limits of State "power to make laws, decisions or rules (prescriptive jurisdiction) [and] … to take executive or judicial action in pursu-ance of or consequent on the making of decisions or rules (respectively enforcement or adjudicative jurisdiction)" 2. Although closely connected to sovereignty, the notion of jurisdiction does not necessarily exude any sense of exclusivity; 3 it rather attempts to administer contradictory claims on the basis of commonly agreed bases of jurisdiction, 4 which include the principle of territoriality, the principle of nationality, the universality principle, the protective principle, the passive personality principle. 5 At first glance, these categories do not apply in the context of the Law of the Sea. The Law of the Sea Convention (LOSC) does allocate State power across maritime zones with a distinct geographical emphasis. Nowhere, however, in the text of the LOSC may one find any reference to the traditional bases of jurisdiction; instead, the State operates in the LOSC context in the guise of the 'flag State', the 'coastal State' or the 'port State', with no definition cited anywhere. There are only two exceptions in this general approach. The first refers to a fourth player, the State of nationality of the master and crew with distinct enforcement jurisdiction under article 7 paragraph 1 LOSC, the only personal jurisdiction reference in the Convention. 6 The second pertains to the general, and indeed
Social Science Research Network, 2015
The Law of the Sea Convention includes provisions for at least three categories of energy install... more The Law of the Sea Convention includes provisions for at least three categories of energy installations: offshore platforms used for oil and gas exploration and exploitation; offshore platforms used for the generation of energy from renewable sources; pipelines. The regulatory framework for each one of those covers each stage of their deployment: coastal State jurisdiction; placement; operation and responsibility and liability for nay damage caused by their presence in the marine environment. Yet, one finds a wide variety of rules applicable, some of them of long provenance, others newly-minted; some of them specific to the task, others offering simply the general parameters of a regulation. As energy operations at sea expand, the multitude of applicable rules adds to the challenges we face for the future.
Social Science Research Network, 2011
Abstract: Within a few months in 2010, both the UN General Assembly and the Human Rights Council ... more Abstract: Within a few months in 2010, both the UN General Assembly and the Human Rights Council affirmed a human right to safe drinking water. The present paper purports to identify the impact, if any, of these declarations of an existing or emerging right to water ...
Yearbook of International Environmental Law, 2005
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
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
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
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
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. ...
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.
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.
Brill | Nijhoff eBooks, Feb 14, 2019
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. ...
... 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 ...
Yearbook of International Environmental Law, 2016
Social Science Research Network, 2017
an ITLOS Special Chamber issued its decision on the delimitation of the maritime boundary between... more an ITLOS Special Chamber issued its decision on the delimitation of the maritime boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean. At stake were millions of barrels of oil in the Tweneboa Enyenra Ntomme (TEN) oilfields, an area discovered in 2009 and brought to production in 2016-at a time the case was already brought before ITLOS with a request for provisional measures, which put a temporary halt to the full development of the field.
European Journal of International Law, Feb 1, 2012
Nicolas Politis argued in 1935 that the law of neutrality was obsolete, a product of the internat... more Nicolas Politis argued in 1935 that the law of neutrality was obsolete, a product of the international anarchy of the times, doomed to be replaced by a new centralized international community. His vision of the League of Nations ended in the fire of World War II but his prediction proved to be mostly true. In the collective security system created by the UN Charter and its prohibition of the use of force, the traditional rules of neutrality do not find scope of application. Yet, transposed into fundamental principles of humanitarian law, they continue to rule over peacekeeping and humanitarian operations. In addition, they complement the existing rules for military action mandated by the UN Security Council, especially during operations at sea. He was essentially right: the institution had to change and it has changed.
Martinus Nijhoff Publishers eBooks, May 30, 2011
International legal materials, Aug 1, 2009
Social Science Research Network, 2014
STATE JURISDICTION IN RELATION TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Since... more STATE JURISDICTION IN RELATION TO THE PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT Since it is generally agreed that jurisdiction is an aspect of sovereignty, 1 State jurisdiction in relation to the protection and preservation of the marine environment denotes the competence of the State authorities under international law to regulate the activities of State organs and private individuals, natural and juridical persons alike, in the marine area. As with all allocations of State power, the notion of jurisdiction includes a geographical element: it designates the outer limits of State "power to make laws, decisions or rules (prescriptive jurisdiction) [and] … to take executive or judicial action in pursu-ance of or consequent on the making of decisions or rules (respectively enforcement or adjudicative jurisdiction)" 2. Although closely connected to sovereignty, the notion of jurisdiction does not necessarily exude any sense of exclusivity; 3 it rather attempts to administer contradictory claims on the basis of commonly agreed bases of jurisdiction, 4 which include the principle of territoriality, the principle of nationality, the universality principle, the protective principle, the passive personality principle. 5 At first glance, these categories do not apply in the context of the Law of the Sea. The Law of the Sea Convention (LOSC) does allocate State power across maritime zones with a distinct geographical emphasis. Nowhere, however, in the text of the LOSC may one find any reference to the traditional bases of jurisdiction; instead, the State operates in the LOSC context in the guise of the 'flag State', the 'coastal State' or the 'port State', with no definition cited anywhere. There are only two exceptions in this general approach. The first refers to a fourth player, the State of nationality of the master and crew with distinct enforcement jurisdiction under article 7 paragraph 1 LOSC, the only personal jurisdiction reference in the Convention. 6 The second pertains to the general, and indeed
Social Science Research Network, 2015
The Law of the Sea Convention includes provisions for at least three categories of energy install... more The Law of the Sea Convention includes provisions for at least three categories of energy installations: offshore platforms used for oil and gas exploration and exploitation; offshore platforms used for the generation of energy from renewable sources; pipelines. The regulatory framework for each one of those covers each stage of their deployment: coastal State jurisdiction; placement; operation and responsibility and liability for nay damage caused by their presence in the marine environment. Yet, one finds a wide variety of rules applicable, some of them of long provenance, others newly-minted; some of them specific to the task, others offering simply the general parameters of a regulation. As energy operations at sea expand, the multitude of applicable rules adds to the challenges we face for the future.
Social Science Research Network, 2011
Abstract: Within a few months in 2010, both the UN General Assembly and the Human Rights Council ... more Abstract: Within a few months in 2010, both the UN General Assembly and the Human Rights Council affirmed a human right to safe drinking water. The present paper purports to identify the impact, if any, of these declarations of an existing or emerging right to water ...
Yearbook of International Environmental Law, 2005