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.




Law of the Sea, Environmental Law and Settlement of Disputes


Book Description

This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.







The Law of the Sea and Climate Change


Book Description

Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.




Saving the Oceans Through Law


Book Description

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.




The Precautionary Principle in Marine Environmental Law


Book Description

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.




The European Community and Marine Environmental Protection in the International Law of the Sea


Book Description

This books offers a comprehensive and innovative picture of the Community's implementation of its international obligations in the field of the marine environment, looking at the participation of the EC and its member states in the United Nations Convention on the Law of the Sea and other relevant agreements.




Research Handbook on International Marine Environmental Law


Book Description

This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.




Principles of International Environmental Law


Book Description

This second edition of Philippe Sand's leading textbook on international environmental law provides a clear and authoritative introduction to the subject, revised to December 2002. It considers relevant new topics, including the Kyoto Protocol, genetically modified organisms, oil pollution, chemicals etc. and will remain the most comprehensive account of the principles and rules relating to environmental protection and the conservation of natural resources. In addition to the key material from the 1992 Rio Declaration and subsequent developments, Sands also covers topics including the legal and institutional framework, the field's historic development and standards for general application. This will continue to be an invaluable resource for both students and practitioners alike.




Ocean and Coastal Law and Policy


Book Description

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