Marine Policy


Book Description

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.




Blue Legalities


Book Description

The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg







The International Law of the Sea


Book Description

Praise for the previous edition: “A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.” European Energy and Environmental Law Review “...(the book is) scholarly yet accessible and very readable; thoroughly recommended.” Law Institute Journal Description 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 comprehensive assessment 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 many bilateral, regional, and global agreements that supplement the Convention. The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. 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, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement. The book also takes stock of contemporary oceans governance issues 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, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.




The Law of the Sea


Book Description




Baselines under the International Law of the Sea


Book Description

Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.




Historic Waters and Historic Rights in the Law of the Sea


Book Description

The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.







Routledge Handbook of Ocean Resources and Management


Book Description

This comprehensive handbook provides a global overview of ocean resources and management by focusing on critical issues relating to human development and the marine environment, their interrelationships as expressed through the uses of the sea as a resource, and the regional expression of these themes. The underlying approach is geographical, with prominence given to the biosphere, political arrangements and regional patterns – all considered to be especially crucial to the human understanding required for the use and management of the world's oceans. Part one addresses key themes in our knowledge of relationships between people and the sea on a global scale, including economic and political issues, and understanding and managing marine environments. Part two provides a systematic review of the uses of the sea, grouped into food, ocean space, materials and energy, and the sea as an environmental resource. Part three on the geography of the sea considers management strategies especially related to the state system, and regional management developments in both core economic regions and the developing periphery. Chapter 23 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203115398.ch23




Coast Guards and International Maritime Law Enforcement


Book Description

This book explores various aspects of the roles and responsibilities of coast guards, which are increasingly becoming significant today, and sheds light on their authority and limitations in the course of maritime law enforcement. It is unique in its unraveling of all facets of coast guards, focusing on their law enforcement authority and limitations from a practical perspective. It details the principles and procedures that coast guard officers are required to follow in the course of international law at sea by examining treaties, conventions, international rulings, and theories. The text employs a comparative study of national coast guards and a review of cases concerning international maritime law enforcement. It provides practical insights into coast guards and their law enforcement, based on the author’s career experience and service as a Commissioner General in the Korea Coast Guard. As such, this book will serve as a good reference in practice and contribute to the formulation of guidelines and criteria of maritime law enforcement of coast guards.