The International Seabed Authority and the Precautionary Principle

Author: Aline L. Jaeckel
Publisher: BRILL
ISBN: 9789004332287
Release Date: 2017-01-10
Genre: Law

In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.

Peaceful Order in the World s Oceans

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004274976
Release Date: 2014-05-08
Genre: Law

No individual has contributed more to the stability and peaceful order in the world’s oceans in the last four decades than Satya N. Nandan. Peaceful Order in the World’s Oceans, edited by Michael W. Lodge and Myron H. Nordquist, collects original and substantive essays in his honor from eminent figures from around the world.

A Dual Approach to Ocean Governance

Author: Yoshifumi Tanaka
Publisher: Routledge
ISBN: 9781317188322
Release Date: 2016-03-23
Genre: Law

Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

Deep sea Biodiversity and Ecosystems

Author: Sybille van den Hove
Publisher: UNEP/Earthprint
ISBN: 928072892X
Release Date: 2007
Genre: Business & Economics

The objective of this report is to provide an overview of the key socio-economic, management and governance issues relating to the conservation and sustainable use of deep-sea ecosystems and biodiversity. The report highlights our current understanding of these issues and identifies topics and areas that need further investigation to close gaps in knowledge. It also explores the needs and means for interfacing research with policy with a view to contributing to the political processes regarding deep-sea and high-seas governance, which are currently ongoing in various international flora within and outside the UN system. In addition, the report provides guidance on the future direction and focus of research on environmental, socio-economic and governance aspects in relation to the deep-sea.

Regions Institutions and Law of the Sea

Author: Harry N. Scheiber
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004220218
Release Date: 2013-03-21
Genre: Law

Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law.

Routledge Handbook of National and Regional Ocean Policies

Author: Biliana Cicin-Sain
Publisher: Routledge
ISBN: 9781317658061
Release Date: 2015-05-15
Genre: Political Science

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.

The Law of International Responsibility

Author: James Crawford
Publisher: Oxford University Press
ISBN: 9780199296972
Release Date: 2010-05-20
Genre: Law

The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Routledge Handbook of Maritime Regulation and Enforcement

Author: Robin Warner
Publisher: Routledge
ISBN: 9781134499540
Release Date: 2015-08-27
Genre: Law

With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world’s foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: • International Law Considerations in Maritime Regulation and Enforcement • Role of States and other International Actors in Maritime Regulation and Enforcement • Regulation and Enforcement in Different Maritime Sectors • Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.

Bringing New Law to Ocean Waters

Author: David D. Caron
Publisher: Martinus Nijhoff Publishers
ISBN: UCSD:31822033478280
Release Date: 2004
Genre: Law

Papers from the third major conference of recent years at UC-Berkeley, since 2002 the headquarters of the United Nations Law of the Sea Institute.

The Law of the Sea and Northeast Asia

Author: Hŭi-gwŏn Pak
Publisher: Martinus Nijhoff Publishers
ISBN: 9041114076
Release Date: 2000
Genre: Law

The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.

International Organizations and the Law of the Sea

Author: Harm Dotinga
Publisher: Martinus Nijhoff Publishers
ISBN: 9041115617
Release Date: 2001-11-30
Genre: Law

Now in its 15th year, "The NILOS Documentary Yearbook" provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, CLCS, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, ECOSOC, UNEP, and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, and UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1999 are reproduced, while other relevant documents are listed. "The NILOS Documentary Yearbook" has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1982 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement on 28 July 1996, and progress in the implementation of Chapter 17 of Agenda 21, to be assessed at the 2002 Johannesburg World Summit, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson, and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman, and Shabtai Rosenne.

International Law and the Genetic Resources of the Deep Sea

Author: David Kenneth Leary
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004155008
Release Date: 2007
Genre: Law

Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

The IMLI Manual on International Maritime Law

Author: David Attard
Publisher: Oxford University Press
ISBN: 9780191506925
Release Date: 2016-03-24
Genre: Law

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume III is devoted to the marine environmental law and maritime security law. The first part of Volume III deals in depth with issues of most fundamental importance in the contemporary world, namely how to protect the marine environment from pollution from ships, land-based sources, seabed activities, and from or through air. In explaining these types of pollution, various conventions concluded under the auspices of the IMO (such as MARPOL 73/78 and the 1972 London Convention) and soft law documents are analysed. The volume also includes chapters on the conventions relating to pollution incident preparedness, response, cooperation, and the relevance of regional cooperation. It additionally discusses liability and compensation for pollution damage. The second part of volume III examines an issue of increasing importance in a world threatened by terrorism, piracy, and drug-trafficking. Chapters in this part cover the topics of piracy; stowaways; human trafficking; illicit drugs; terrorism; military uses of the sea; and new maritime security threats, such as the illegal dumping of hazardous wastes and toxic substances, as well as illegal, unreported, and unregulated fishing.

The Blue Economy

Author: Gunter A. Pauli
Publisher: Paradigm Publications
ISBN: 0912111909
Release Date: 2010
Genre: Business & Economics

Dr. Gunter Pauli is challenging the green movement he has been so much a part of to do better, to do more. He is the entrepreneur who launched Ecover; those products are probably in many of your homes. He built the largest ecologically-sound factory in the world. His participation in the Club of Rome and the founding of Zero Emissions Research Institute (ZERI) has made an immense contribution to sustainability both in terms of research, public awareness and articulating a visionary direction. He has dedicated himself to teaching and the hands-on implementation of projects that have brought healthy environments, good nutrition, health care and jobs in sustainable commerce to a myriad of places in the world.

The Precautionary Principle in Marine Environmental Law

Author: Bénédicte Sage-Fuller
Publisher: Routledge
ISBN: 9781135020019
Release Date: 2013-07-18
Genre: Law

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.