[PDF] Global Challenges And The Law Of The Sea eBook

Author : Marta Chantal Ribeiro
Publisher : Springer Nature
Page : 473 pages
File Size : 18,68 MB
Release : 2020-05-23
Category : Law
ISBN : 3030426718

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This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

Author : Clive R. Symmons
Publisher : Martinus Nijhoff Publishers
Page : 379 pages
File Size : 21,22 MB
Release : 2011-06-09
Category : Law
ISBN : 9004184023

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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

Author : Elise Johansen
Publisher : Cambridge University Press
Page : 463 pages
File Size : 13,23 MB
Release : 2020-12-17
Category : Business & Economics
ISBN : 1108842267

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

Author : Donald R. Rothwell
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 40,83 MB
Release : 2016-02-25
Category : Law
ISBN : 1782256857

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The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a contemporary explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The second edition of this acclaimed text takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. As the Convention is now well over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, and the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification.

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 684 pages
File Size : 33,86 MB
Release : 2023-02-28
Category : Law
ISBN : 1009035916

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This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.

Author : Keyuan Zou
Publisher : BRILL
Page : 373 pages
File Size : 24,46 MB
Release : 2018-08-13
Category : Law
ISBN : 9004373330

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'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

Author : David D. Caron
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 44,15 MB
Release : 2014-02-20
Category : Law
ISBN : 9004266372

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The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

Author : Harry N. Scheiber
Publisher : BRILL
Page : 332 pages
File Size : 31,14 MB
Release : 2021-07-26
Category : Law
ISBN : 900448258X

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The last quarter century has witnessed vast changes in the governance of ocean space and resources. The keystone instrument in the new legal order is the 1982 UN Law of the Sea Convention, an agreement comprehensive in its scope that has provided the framework for further innovations in marine policy and ocean law. Accelerated change in the 1990s included the revision and the going-into-force of the 1982 Convention; and the conclusion of new international agreements on biodiversity, on the management of fishery stocks in international waters, and on marine navigation and safety. There has also been renewed impetus for regionalization of marine management and conservation efforts. These and other leading issues facing the global community today are the subjects of essays in this volume. The authors, acknowledged authorities in the field, offer fresh and searching reappraisals of how the 'common heritage' concepts in ocean law have been challenged by the contemporary crises in marine uses and ocean environment and resources. How national governments and international organizations have responded to urgent questions of ocean management is a major focus of these studies, and the book also provides important historical perspective on the doctrinal legacy of earlier ocean law. Emerging legal norms and the principles of law, new procedural mandates, the problems of implementation, and recent institutional developments in the international arena all receive attention in this timely and provocative work.

Author : Jill Barrett
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 36,30 MB
Release : 2016
Category : Law of the sea
ISBN : 9781905221523

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"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.

Author : Lisa Otto
Publisher : Springer Nature
Page : 252 pages
File Size : 19,53 MB
Release : 2020-04-21
Category : Political Science
ISBN : 3030346307

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From pirates to smugglers, migrants to hackers, from stolen fish to smuggled drugs, the sea is becoming a place of increasing importance on the global agenda as criminals use it as a theatre to conduct their crimes unfettered. This volume sets out to provide an introduction to the key issues of pertinence in Maritime Security today. It demonstrates why the sea is a space of great strategic importance, and how threats to security at sea have a real impact for people around the world. It examines an array of challenges and threats to security playing out at sea, including illegal, unreported and unregulated fishing, irregular migration, piracy, smuggling of illicit goods, and cyber security, while also looking at some of the mechanism and role-players involved in addressing these perils. Each chapter provides an overview of the issue it discusses and provides a brief case study to illustrate how this issue is playing out in real-life. This book thus allows readers an insight into this evolving multidisciplinary field of study. As such, it makes for an informative read for academics and practitioners alike, as well as policymakers and students, offering a well-rounded introduction of the main issues in current Maritime Security.