Order for the Oceans at the Turn of the Century

Order for the Oceans at the Turn of the Century
Author: Davor Vidas
Publisher: BRILL
Total Pages: 611
Release: 2024-01-08
Genre: Law
ISBN: 9004638482

This book is a state-of-the-art report on ocean law and politics today, written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, this book assesses where we have been going in the past decade and charts the way ahead. Implementation of the Convention - from the perspective of interaction of politics and law - is the unifying theme of the book. Under this, three basic aspects have emerged as crucial during the 1990s: (1) evolution of new regimes; (2) institutionalisation; and (3) new patterns of participation. These are explored systematically in sections on: the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the implementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).

Selected Contemporary Issues in the Law of the Sea

Selected Contemporary Issues in the Law of the Sea
Author: Clive R. Symmons
Publisher: Martinus Nijhoff Publishers
Total Pages: 379
Release: 2011-06-09
Genre: Law
ISBN: 9004184023

Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas

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: 0191024643

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.

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.

Oceans Management in the 21st Century

Oceans Management in the 21st Century
Author: Alex G. Oude Elferink
Publisher: BRILL
Total Pages: 431
Release: 2004-07-01
Genre: Law
ISBN: 9047405366

Chapters throughout this book assess the roles and impact upon oceans management of the institutions both inside and outside the Convention’s framework, as well as the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. Questions addressed concern the interpretation of the Convention’s substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea’s continuing evolution in the years ahead.

Vessel-Source Marine Pollution

Vessel-Source Marine Pollution
Author: Alan Khee-Jin Tan
Publisher: Cambridge University Press
Total Pages: 468
Release: 2005-12-22
Genre: Law
ISBN: 9781139448468

Analysing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, this 2005 book by Alan Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organization (IMO) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties. This is an important book, which uncovers the politics behind the law and offers solutions for overcoming the deficiencies in the regulatory system. It will be of great interest to professionals in the shipping industry as well as practitioners and students.

Dependent Archipelagos in the Law of the Sea

Dependent Archipelagos in the Law of the Sea
Author: Sophia Kopela
Publisher: Martinus Nijhoff Publishers
Total Pages: 340
Release: 2013-02-01
Genre: Law
ISBN: 9004194940

Dependent Archipelagos in the Law of the Sea examines the archipelagic concept in international law of the sea with respect to dependent archipelagos, both coastal and outlying, and evaluates the contribution of state practice to solutions and developments