Author: Donald C. Baur
Release Date: 2016-08-07
This authoritative and trusted practical resource for attorneys, government officials, and scholars analyses and explains the current legal framework of our ocean and coastal policies. Drawing upon the expertise of leading practitioners and scholars, it considers the full array of issues in ocean and coastal law. Chapters address the current state of the law for each topic, followed by analysis of emerging and unresolved issues, offering both a balanced perspective and pertinent insights.
Author: Alison Rieser
Publisher: West Academic Publishing
Release Date: 2013
This new edition has been significantly revised to address the challenge to ocean and coastal law from global warming and climate disruption. It also covers governance changes in response to sea level rise and coastal disasters, including hurricanes Katrina and Sandy and the BP/Deepwater Horizon oil spill. The context for these changes is drawn from developments in international oceans law.
Author: Randall S. Abate
Publisher: Oxford University Press, USA
Release Date: 2015
Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. This book unites the two worlds of climate change regulation and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the United States and the world.
This textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
Author: Chad J. McGuire
Publisher: CRC Press
Release Date: 2013-03-26
Genre: Business & Economics
For as long as humans have been inhabiting coastal areas and recording what occurs in their environments, coastal zones have been defined through dynamic interactions. And this is further underlined by a more recent development: observed sea level rise. In a thorough but not overly technical approach, Adapting to Sea Level Rise in the Coastal Zone: Law and Policy Considerations provides a legal-policy framework for facing the challenges of sea level rise. The book includes an analysis of sea level rise adaptation strategies that examines the legal impacts of coastal land use decisions based on the current interpretation of private property rights in relation to public control over those rights. The author discusses the science behind sea level rise and highlights policy complexities and options. He then presents an overview of related legalities, and bringing it all together, applies the principles offered in the book, concluding with strategies and solutions and a perspective on the future. If we accept the premise that sea level rise is occurring and will continue for the foreseeable future, then we must begin to consider policy responses to this risk in coastal regions. Part of any pragmatic policy response must include a review of the options available to public institutions when developing and implementing rational adaptation policies. This book offers practical legal/policy approaches to sea level rise adaptation that promotes sound planning in the face of climate change and rising seas.
Author: Richard Burroughs
Publisher: Island Press
Release Date: 2011-01-13
Coastal Governance provides a clear overview of how U.S. coasts are currently managed and explores new approaches that could make our shores healthier. Drawing on recent national assessments, Professor Richard Burroughs explains why traditional management techniques have ultimately proved inadequate, leading to polluted waters, declining fisheries, and damaged habitat. He then introduces students to governance frameworks that seek to address these shortcomings by considering natural and human systems holistically. The book considers the ability of sector-based management, spatial management, and ecosystem-based management to solve critical environmental problems. Evaluating governance successes and failures, Burroughs covers topics including sewage disposal, dredging, wetlands, watersheds, and fisheries. He shows that at times sector-based management, which focuses on separate, individual uses of the coasts, has been implemented effectively. But he also illustrates examples of conflict, such as the incompatibility of waste disposal and fishing in the same waters. Burroughs assesses spatial and ecosystem-based management’s potential to address these conflicts. The book familiarizes students not only with current management techniques but with the policy process. By focusing on policy development, Coastal Governance prepares readers with the knowledge to participate effectively in a governance system that is constantly evolving. This understanding will be critical as students become managers, policymakers, and citizens who shape the future of the coasts.
Author: Alison Rieser
Publisher: West Academic
Release Date: 2007
This new edition has been significantly revised and materials updated throughout. New material will include: New chapter devoted to current, important state coastal management issues, such as preserving traditional coastal uses, and using aesthetic considerations in evaluating permit requests; New materials on the impact of beach nourishment projects on public and private rights; Latest Supreme Court pronouncement on Wetlands-the Rapanos case-and expanded NEPA coverage; Discussion on the 2006 revised consistency regulations; Incorporation of statutory changes and ocean program initiatives contained in the federal Energy Policy Act of 2005; Consideration of the effectiveness of the 1996 Sustainable Fisheries Act and highlights the growing challenge of allocating fishing privileges for fish stocks; Completely revised Marine Mammals and Endangered Marine Wildlife chapter and includes the precedent-setting decision enjoining the U.S. Navy's deployment of active sonar systems that may sig
Author: Dennis W. Nixon
Publisher: Greenwood Publishing Group
Release Date: 1994-01-01
A study that examines the interaction of the legislative, executive, and judicial sources of law, but focuses primarily on the judicial branch with a selection of cases which demonstrate the progressive development of the important concepts in marine and coastal law. Five areas of law are studied in
Author: Josh Eagle
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-01-30
For the modern course on theory and practice, Coastal Law features engaging coverage of laws meant to balance public and private interests in coastal resources and their application in coastal communities. Designed with instructor's needs in mind, the organization structures readings and questions for ease of course design and execution. A state-of-the art approach to helping students prepare for class uses informative and interesting "quick questions," maps, photographs, and diagrams that both help connect students with the material and optimize retention. Unique, multi-disciplinary content gives a concise introduction to basic coastal geology, ecology, geography, and economics that students need in order to understand coastal law and policy. On the cutting-edge of issues such as climate change, oil spill litigation, and hurricane insurance, Coastal Law showcases the most recent, important cases on coastal land-use regulation. End-of-chapter summaries and exercises aid in comprehension of material, allow for interim self-testing, and encourage in-class review. Features of Coastal Law Instructor-friendly organization structures readings and questions for ease of course design and execution State-of-the art approach to helping students prepare for class informative and interesting boxes "Quick questions," maps, photographs, and diagrams connects students with the material optimizes retention Unique, multi-disciplinary content concise introduction to coastal geology, ecology, geography, and economics needed to understand law and policy Up-to-date coverage most recent, important cases on coastal land-use regulation cutting-edge issues impact of climate change oil spill litigation hurricane insurance Combines theory with practice presents theoretical underpinnings of environmental and property law prepares students for representation of landowners, conservation groups, and state and federal agencies End-of-chapter summaries and exercises heightened comprehension of material interim self-testing in-class review The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
This volume addresses selected aspects of the international legal framework for developing energy resources in marine areas. The main themes include competition for marine space, energy security, the role of private actors, fragmentation or integration of international law and liability.
Author: Donald C. Baur
Publisher: American Bar Association
Release Date: 2010
"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior "In January 1973, when i introduced in Congress the bill that would become the Endangered Species Act, I described it as one of the most important pieces of legislation needed if we were to conserve, protect, and propagate our thereatened fish and our wildlife resources, which were diminishing too rapidly. I am proud to have introduced the original bill and even prouder that, in the ensuing years, the Endangered Species Act has saved hundreds of species from extinction. We have learned much along the way about the conservation of endangered species, the needs of the regulated community, and how the Endangered Species Act can successfully reconcile the two. It is important that we have a comprehensive understanding of the problems and potential of this landmark law."---John D. Dingell, U.S. House of Representatives, Michigan "Possibly the single most effective legislative effort of modern times to ensure that our children and grandchildren can enjoy the blessings of nature that were passed on to our generation was the enactment of the landmark Endangered Species Act (ESA) in 1973. The ESA has allowed the United States to make great advances in protecting the web of life that enables the intricate coexistence of man, plant, and animal. In my role as Chairman of the House Committee on Natural Resources, I recognize the role of the Endangered Species Act in helping us to fulfill our stewardship responsibilities while balancing local concerns and economic needs. Understanding how the ESA works is essential to its continued success."---Nick J. Rahall, II, U.S. House of Representatives, West Virginia "After a lifetime of studying, writing about, and being amazed by the diversity of life, I remain convinced that failing to do everything we can to protect it is the folly future generations are least likely to forgive us. The Endangered Species Act is one of the most far-sighted and important laws ever adopted. A thorough understanding of how the law works, the major policy issues surrounding it, and how to resolve those issues will ensure the law's continued success in protecting biodiversity. Endangered Species Act: Law, Policy, and Perspectives provides readers with the needed insight to this critically important law."---Edward O. Wilson, University Research Professor Emeritus at Harvard University and Honorary Curator in Entomology at the Museum of Comparative Zoology
This comprehensive handbook, prepared by leading ocean policy academics and practitioners from around the world, presents in-depth analyses of the experiences of fifteen developed and developing nations and four key regions of the world that have taken concrete steps toward cross-cutting and integrated national and regional ocean policy. All chapters follow a common framework for policy analysis. While most coastal nations of the world already have a variety of sectoral policies in place to manage different uses of the ocean (such as shipping, fishing, oil and gas development), in the last two decades, the coastal nations covered in the book have undertaken concerted efforts to articulate and implement an integrated, ecosystem-based vision for the governance of ocean areas under their jurisdiction. This includes goals and procedures to harmonize existing uses and laws, to foster sustainable development of ocean areas, to protect biodiversity and vulnerable resources and ecosystems, and to coordinate the actions of the many government agencies that are typically involved in oceans affairs. The book highlights the serious conflicts of use in most national ocean zones and the varying attempts by nations to follow the prescriptions emanating from the 1982 UN Law of the Sea Convention and the outcomes of the 1992, 2002, and 2012 sustainable development summits. The interrelationship among uses and processes in the coast and ocean requires that ocean governance be integrated, precautionary, and anticipatory. Overall, the book provides a definitive state-of-the-art review and analysis of national and regional ocean policies around the world.