International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction
Author: Vito De Lucia
Publisher: BRILL
Total Pages: 469
Release: 2022-01-31
Genre: Law
ISBN: 9004506365

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

The International Legal Regime of Areas beyond National Jurisdiction

The International Legal Regime of Areas beyond National Jurisdiction
Author: Erik J. Molenaar
Publisher: BRILL
Total Pages: 272
Release: 2010-02-08
Genre: Law
ISBN: 904742428X

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction? This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.

Marine Biodiversity of Areas Beyond National Jurisdiction

Marine Biodiversity of Areas Beyond National Jurisdiction
Author: Myron H. Nordquist
Publisher: Center for Oceans Law and Poli
Total Pages: 349
Release: 2021
Genre: Law
ISBN: 9789004422414

"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea
Author: Tomas Heidar
Publisher: BRILL
Total Pages: 498
Release: 2020-09-07
Genre: Law
ISBN: 9004437754

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

The Marine Environment and United Nations Sustainable Development Goal 14

The Marine Environment and United Nations Sustainable Development Goal 14
Author: Myron H. Nordquist
Publisher: BRILL
Total Pages: 435
Release: 2018-10-16
Genre: Law
ISBN: 900436661X

In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.

Saving the Oceans Through Law

Saving the Oceans Through Law
Author: James Harrison
Publisher: Oxford University Press
Total Pages: 353
Release: 2017
Genre: Law
ISBN: 0198707320

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

High Seas Governance

High Seas Governance
Author: Robert C. Beckman
Publisher: BRILL
Total Pages: 336
Release: 2018-11-26
Genre: Law
ISBN: 9004373306

High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea
Author: Donald Rothwell
Publisher: Oxford University Press, USA
Total Pages: 1073
Release: 2015
Genre: Law
ISBN: 019871548X

Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.

The First Global Integrated Marine Assessment

The First Global Integrated Marine Assessment
Author: United Nations
Publisher: Cambridge University Press
Total Pages: 978
Release: 2017-04-17
Genre: Science
ISBN: 1108298842

The World Ocean Assessment - or, to give its full title, The First Global Integrated Marine Assessment - is the outcome of the first cycle of the United Nations' Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects. The Assessment provides vital, scientifically-grounded bases for the consideration of ocean issues, including climate change, by governments, intergovernmental agencies, non-governmental agencies and all other stakeholders and policymakers involved in ocean affairs. Together with future assessments and related initiatives, it will support the implementation of the recently adopted 2030 Agenda for Sustainable Development, particularly its ocean-related goals. Moreover, it will also form an important reference text for marine science courses.

The Law of the Sea and Climate Change

The Law of the Sea and Climate Change
Author: Elise Johansen
Publisher: Cambridge University Press
Total Pages: 463
Release: 2020-12-17
Genre: Business & Economics
ISBN: 1108842267

Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.