Unresolved Issues and New Challenges to the Law of the Sea

Unresolved Issues and New Challenges to the Law of the Sea
Author: Anastasia Strati
Publisher: BRILL
Total Pages: 370
Release: 2006-06-01
Genre: Law
ISBN: 9047409884

This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.

The Law Of The Sea

The Law Of The Sea
Author: Budislav Vukas
Publisher: Martinus Nijhoff Publishers
Total Pages: 369
Release: 2004
Genre: Law
ISBN: 9004138633

Collection of 20 essays by the author, republished as initially written in English or French. They reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.

The Future of the Law of the Sea

The Future of the Law of the Sea
Author: Gemma Andreone
Publisher: Springer
Total Pages: 278
Release: 2017-03-30
Genre: Law
ISBN: 3319512749

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

The Law of the Sea

The Law of the Sea
Author: William T. Vukowich
Publisher: BRILL
Total Pages: 367
Release: 2004-06-01
Genre: Law
ISBN: 9047405374

These collected essays reflect the development of the author’s views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.

The International Law of the Sea

The International Law of the Sea
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
Total Pages: 505
Release: 2012-04-05
Genre: Law
ISBN: 1107378516

The law of the sea is a complex and fascinating subject. This textbook explores the subject from the perspective of public international law, covering all the key topics from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment. Students interested in international environmental and natural resources law will find chapters on emerging issues such as the conservation and the protection of natural resources and biodiversity in the oceans. It includes student-friendly features such as chapter overviews, conclusions, figures and tables and further reading sections. Clarity of expression, engaging analysis and comprehensive coverage make this book essential reading for all students of the law of the sea.

Law of the Sea in Dialogue

Law of the Sea in Dialogue
Author: Holger Hestermeyer
Publisher: Springer Science & Business Media
Total Pages: 195
Release: 2010-09-28
Genre: Law
ISBN: 3642156576

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.

The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea
Author: Donald R. Rothwell
Publisher: OUP Oxford
Total Pages: 850
Release: 2015-03-26
Genre: Law
ISBN: 0191024651

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Legal Aspects of Marine Protected Areas in the Mediterranean Sea

Legal Aspects of Marine Protected Areas in the Mediterranean Sea
Author: Mitja Grbec
Publisher: Taylor & Francis
Total Pages: 265
Release: 2023-09-11
Genre: Law
ISBN: 1000935213

Providing a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.