The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction

The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction
Author: Wen Duan
Publisher: BRILL
Total Pages: 406
Release: 2022-06-20
Genre: Law
ISBN: 9004516913

The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.

The Limits of Maritime Jurisdiction

The Limits of Maritime Jurisdiction
Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
Total Pages: 812
Release: 2013-11-28
Genre: Law
ISBN: 9004262598

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Protecting the Oceans Beyond National Jurisdiction

Protecting the Oceans Beyond National Jurisdiction
Author: Robin Warner
Publisher: BRILL
Total Pages: 304
Release: 2009-02-23
Genre: Law
ISBN: 9047426096

Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international environmental law reveals significant tensions between the concept of high seas freedoms and the international law obligation to protect and preserve the marine environment beyond national jurisdiction. The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.

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 Seabed Authority and the Precautionary Principle

The International Seabed Authority and the Precautionary Principle
Author: Aline L. Jaeckel
Publisher: BRILL
Total Pages: 382
Release: 2017-01-10
Genre: Law
ISBN: 9004332286

In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.

Guidelines for Protected Areas Legislation

Guidelines for Protected Areas Legislation
Author: Barbara J. Lausche
Publisher: IUCN
Total Pages: 400
Release: 2011
Genre: Law
ISBN: 2831712459

The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.

Filling Regulatory Gaps in High Seas Fisheries

Filling Regulatory Gaps in High Seas Fisheries
Author: Yoshinobu Takei
Publisher: Martinus Nijhoff Publishers
Total Pages: 308
Release: 2013-03-27
Genre: Law
ISBN: 9004248609

In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems. In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.

Research Handbook on International Law and Natural Resources

Research Handbook on International Law and Natural Resources
Author: Elisa Morgera
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2016-11-25
Genre: Law
ISBN: 1783478330

Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.