Ocean and Coastal Law and Policy


Book Description

The public trust doctrine. Role of the states. Managing coastal development. National environmental policy act ...




Climate Change Impacts on Ocean and Coastal Law


Book Description

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. 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 U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.




Marine and Coastal Law


Book Description

This extensively updated third edition of the classic casebook Marine and Coastal Law provides readers with an authoritative, comprehensive, and up-to-date guide to landmark laws, regulations, and legal decisions governing the United States' vast marine and coastal resources. This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter. Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations.




Navigating the California Coastal Act


Book Description

The only book that provides a comprehensive but concise overview and guide to practice under the California Coastal Act. Offers a clear understanding of current substantive standards and procedures¿including how development along the coast is defined, where it may be permitted and under what substantive and procedural standards, and how jurisdiction over planning for development and conservation in coastal areas is determined. Practice tips throughout the book suggest ways to work effectively with Coastal Commission staff and present cases to the Commission.Navigating the California Coastal Act is intended for planners and officials at local, state, and federal agencies, as well as property owners, real estate developers, attorneys and judges, interested citizen activists, and students.Topics include:¿The Coastal Commission¿its qualifications, organization, and role in implementation of the Coastal Act¿The Local Coastal Program¿its purposes, processes, and common issues¿Coastal development permit requirements¿types of permits, and emerging or recurring issues¿The Coastal Commission hearing and appeal process¿Interpreting and applying Coastal Act standards¿Other relevant agencies and laws¿Enforcement of the Coastal Act¿Judicial reviewAppendices contain a glossary of terms and summaries of key legal cases.




Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone


Book Description

Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.




Ocean and Coastal Resources Law


Book Description

Now with substantial coverage of Ocean Law by new co-author Shi-Ling Hsu, Ocean and Coastal Resources Law, Third Edition, provides an interdisciplinary approach that combines cases and materials with key sources from science, economics, and business. Ocean and Coastal Resources Law prepares students for practice as lawyers in a variety of fields, such as: conservation and marine protection, coastal land use, real estate, development, and work in state regulatory agencies. New to the Third Edition: New co-author Shi-Ling Hsu and coverage of domestic and international ocean law, protected marine species, and offshore industrial development In-depth treatment of the Deepwater Horizon disaster A holistic view of how activities on the seas affect coastal land activities, and vice versa Updates throughout Coastal Law chapters through 2018 Many new points for discussion Refreshed problem exercises Professors and students will benefit from: New coverage of domestic and international ocean law—richly illustrated, accessibly written, and reflecting the same high level of scholarship as Josh Eagle’s Coastal Law chapters Back-to-back organization of Ocean Law and Coastal Law chapters that may be easily adapted to syllabi on Ocean Law, Coastal Law, or Ocean and Coastal Law courses Interdisciplinary materials from law, science, economics, and business that inform and add perspective to a range of subjects—such as conservation, land use, and industry regulation—preparing students for careers as lawyers in a variety of fields Points for discussion that highlight connections between cases and topics, and raise questions that encourage students to articulate a response to issues of law and policy




Adapting to Sea Level Rise in the Coastal Zone


Book Description

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.




Endangered Species Act


Book Description

"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 --







China’s War on Smuggling


Book Description

Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority. Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history.