Legal Regime of Marine Environment in the Bay of Bengal


Book Description

There Is A Growing Concern About The Change In Composition Of The Atmosphere, Depletion Of The Ozone Shield, Pollution Of Marines And Rapid Population Growth Leading To Alarming Imbalance Between Population And Resources. Concerted Efforts Are Being Made Across The World To Curb The Environmental Degradation. The Un Conference On The Human Environment Held In Stockholm In 1972 Marked The Beginning Of The Development Of International Environmental Law By Soft Law Mechanism. With The Un Convention On The Law Of The Sea, 1982, The State Parties Have Been Made Obligatory To Protect The Marine Environment, Including All The Resources Therein.The Present Book Is A Treatise On The Legal Regime Of The Marine Environment In The Bay Of Bengal. It Provides A Comprehensive Description And Assessment Of The Legal Regime Governing This Particular Maritime Area. It Focuses On Its Protection, Preservation And Development. It Deals With Fisheries As Well As The Protection Of The Environment Against Pollution And The Discharge Of Waste From Land.Beginning With The Study Of Fisheries Management In The Bay Of Bengal, The Book Includes In Its Study The Major Agreements And Protocols, International Documents On Marine Environment, Seabed Mining And Its Consequences, Settlement Of Environmental Disputes, And The Present-Day Socio-Economic Condition In The Bay Of Bengal Region. The Book Also Provides A Bibliography To Enable The Readers To Pursue Their Study Further. The Index That Completes The Book Would Prove A Useful Study-Aid To All Readers. Since The Study Is Embedded In The Global Perspective Of The Protection Of The Marine Environment, It Shall Be Of Significant Use To All Those In Coastal And Naval Services, Government Executives, Planners And Policy Makers Concerned With The Protection Of The Marine Environment. For The Scholars And Teachers Of International Law, It Is An Ideal Reference Book.




Sustainable Fisheries Management and International Law


Book Description

This book presents a comprehensive analysis of the legal and policy frameworks for marine fisheries management and examines the efficiency of the institutions responsible for the formulation, implementation and enforcement of marine fisheries laws and policies in Bangladesh. Sustainable management of marine fisheries is a complex, multi-dimensional and multi-stakeholder process that entails sustainable use of marine living resources and conservation of marine biodiversity. Offering a critical analysis to these frameworks that play a crucial role in the conservation and management of fish stocks in areas within and beyond national jurisdiction, this book examines inadequacies and implementation gaps in the legislative, policy and institutional frameworks that contribute to the unsustainable exploitation of marine fish stocks in Bangladesh. It recommends law and policy reform for conservation and sustainable management of marine fisheries in Bangladesh and the Bay of Bengal.




Climate Change and the Bay of Bengal


Book Description

Climate Change and the Bay of Bengal argues that in the era of climate change radically different understandings of security and sovereignty are at work. It questions the geopolitics of fear and the manner in which metanarratives of climate change tend to privilege the “global” and “national” scales over other scales, especially the regional and the local. The authors argue in favour of a new imagination of the Bay of Bengal space as a semi-enclosed sea, embedded in a large marine ecosystem, under the relevant provisions of the UNCLOS that impose various obligations upon its signatories to cooperate at a regional level. Such an imagination, anchored in geographies of hope, should not remain confined to official domains and discourses but become a part of popular socio-spatial consciousness through a regional public diplomacy reaching out to the grassroots level. A Bay of Bengal regional seas programme, under the auspices of UNEP, should be conceptualized and operationalized in a manner that explicitly factors in climate change consequences into the existing understandings and approaches to environmental-human security in the region.




International Marine Environmental Law and Policy


Book Description

Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity. Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed. Thus, these activities require comprehensive policies, laws, and principles to manage them effectively. Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels. Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation. With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment. Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes. This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea. It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject.




The International Tribunal for the Law of the Sea


Book Description

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.




Regions, Institutions, and Law of the Sea


Book Description

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. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.




International Marine Economy


Book Description

International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.




Deep Seabed Mining in the Indian Ocean: Economic and Strategic Dimensions


Book Description

The book looks at the need of minerals for humanity, how and what the oceans offer as minerals in general, the technological developments achieved and the insight into future technologies and designs in this field before finally focusing on the mineral wealth of the Indian Ocean. It eventually poses some tough questions that need answers if deep seabed mining is to become a success in the future. In addition, it discusses the efforts of the key players in this field operating in the Indian ocean that has rejuvenated the deep seabed mining both economically and strategically. Since, commercial profitability of marine minerals occurs only if the demand is greater than the supply, at times, the decision gets governed by strategic reasoning. Hence, the book aims to give an idea of the driving forces that guide such decision-making and the development of deep seabed mining.




Protecting the Marine Environment From Land-Based Sources of Pollution


Book Description

Global findings estimate that 80 per cent of marine pollution originates from land-based sources and is trans-boundary in nature. These problems persist in spite of a number of legal and policy initiatives taken to protect the marine environment. This volume explores the applications and shortcomings of current international regimes in addressing these issues. The book identifies the sources and effects of land-based marine pollution and analyzes the problems of controlling them. Management principles, policy and regulation are examined at both regional and international level. The author discusses the strengths and weaknesses of existing regimes and advances a more effective international legal framework. The text provides a valuable insight into an important area of international environmental law. It will be of interest to researchers and policy-makers working in this area.




Bangladesh’s Maritime Policy


Book Description

Following successive international legal verdicts, Bangladesh is now an accredited maritime state. Possessing a spacious territorial sea and an extended continental shelf, with a maritime zone almost equalling its land borders, a ‘window of opportunity’ has opened for the country to realise its developmental aspirations. Yet, it faces numerous challenges, many of which are entwined. This book is a detailed analysis of Bangladesh’s maritime strategy. It charts the country’s maritime legacies, including disputes with both Myanmar and India and analyses the contributions of the leadership in the maritime territorial gains. The author examines Bangladesh’s need to consolidate these newly reclaimed gains, whilst exploring the unremitting interest of major global power players in maintaining maritime resource exploitation, navigation and security. Finally, the author demonstrates how the country needs to embrace the notional principles of sustainable development of its ocean economy to utilize its resources and how it has since been coming to grips with the emerging concept of "blue economy" to enhance its enduring national development. The first systematic study on Bangladesh’s maritime policy and the country’s importance in the emerging geopolitical rivalry in the Indian Ocean, this book will be of interest to academics in the field of South Asian and Indian Ocean politics.