The Continental Shelf Beyond 200 Nautical Miles

The Continental Shelf Beyond 200 Nautical Miles
Author: Joanna Mossop
Publisher: Oxford University Press
Total Pages: 305
Release: 2016
Genre: Law
ISBN: 0198766092

This book discusses states' rights, and obligations oncerning the extended continental shelf in international law; including protecting the marine environment; and regulating activities such as fishing, marine bioprospecting, and exploitation of non-living resources.

Routledge Handbook of Seabed Mining and the Law of the Sea

Routledge Handbook of Seabed Mining and the Law of the Sea
Author: Virginie Tassin
Publisher: Taylor & Francis
Total Pages: 483
Release: 2023-12-29
Genre: Law
ISBN: 0429760159

For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

Change in the Law of the Sea

Change in the Law of the Sea
Author: Rozemarijn J. Roland Holst
Publisher: BRILL
Total Pages: 371
Release: 2022-02-28
Genre: Law
ISBN: 9004508554

This book provides new insights into how change occurs in international law, through a uniquely comprehensive analysis of the mechanisms that allow the 'old' treaty-framework of the UN Convention on the Law of the Sea to respond to changing circumstances.

Law, Technology and Science for Oceans in Globalisation

Law, Technology and Science for Oceans in Globalisation
Author: Davor Vidas
Publisher: BRILL
Total Pages: 644
Release: 2010-03-22
Genre: Law
ISBN: 900418581X

Thirty-four experts on marine affairs and the law of the sea, from six continents, examine the emerging challenges for our World Ocean. The accumulating consequences of human activities on the seas indicate that the Earth may already have entered a new epoch, the Anthropocene, dominated by the human impact. This volume analyses developments in the interface of law, technology and science in some central law-of-the-sea issue areas. These are explored systematically in sections on the World Ocean in the Anthropocene epoch (Part I); combating illegal, unreported and unregulated fishing (Part II); combating illegal oil spills from ships (Part III); marine genetic resources and bioprospecting (Part IV); and the continental shelf beyond 200 nautical miles from the baselines (Part V).

International Governance of the Arctic Marine Environment

International Governance of the Arctic Marine Environment
Author: Lilly Weidemann
Publisher: Springer Science & Business Media
Total Pages: 262
Release: 2014-04-09
Genre: Law
ISBN: 3319044710

The Arctic is particularly affected by climate change; over the past few decades, temperatures in this area have risen twice as fast as the mean global rate. The most prominent effect of global climate change in the region is the melting sea ice in the Arctic Ocean, which enables a multitude of ocean uses to be initiated and extended, such as shipping, fishing and oil and gas extraction. Unlike in the Antarctic, there is currently no single comprehensive legal regime for governance of the Arctic. Instead, the region is regulated by a patchwork of international treaties, above all the United Nations Convention on the Law of the Sea (UNCLOS), various regional and sub-regional agreements, national laws and soft-law agreements. This treatise provides an evaluation of the governance regime that regulates the use of the Arctic marine environment and its readiness to protect these fragile ecosystems in light of the consequences of climate change.

Maritime Delimitation as a Judicial Process

Maritime Delimitation as a Judicial Process
Author: Massimo Lando
Publisher: Cambridge University Press
Total Pages: 435
Release: 2019-06-06
Genre: Law
ISBN: 110849739X

The first study of the three-stage approach to maritime delimitation, collating methods from judicial decisions, treaties and scholarship.

A Practitioner's Guide to Maritime Boundary Delimitation

A Practitioner's Guide to Maritime Boundary Delimitation
Author: Stephen Fietta
Publisher: Oxford University Press
Total Pages: 720
Release: 2016
Genre: Law
ISBN: 0199657475

This book provides a user-friendly and practical guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides a comprehensive overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea, which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf Cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. The book provides forty clear technical illustrations to carefully demonstrate the key issues at stake in this complex area of law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book therefore complements the legal considerations raised with substantial technical input. It also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them. It will be an unique and valuable resource for lawyers involved in cases involving maritime delimitation, and scholars and students of the law of the sea.

Arbitration Concerning the South China Sea

Arbitration Concerning the South China Sea
Author: Shicun Wu
Publisher: Routledge
Total Pages: 324
Release: 2016-03-02
Genre: Political Science
ISBN: 1317179889

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

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.