The Future of the Law of the Sea


Book Description

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.




The Future of the Law of the Sea


Book Description

It is no surprise that the subject "The Future of the Law of the Sea" meets with special interest in the Netherlands. "The sea is our element, the roaring sea our glory," as the old folksong says. For a nation whose and prosperity are so closely connected with the sea, it is of the fate utmost importance to which regime the nations that border upon, sail and exploit the sea are subjected. Until recently nobody worried about the legal regime of the sea. The principle of the freedom of the sea, since Hugo Grotius one of the strongest, hardly assailable, principles of inter national law, was it not of paramount importance for the Netherlands? Since the Second World War this security does not exist any more. International Law is shaken in its foundations. This law, once anchored in the sense of justice of the then leading nations, which certainly did not think similarly, but to a certain extent along the same lines, has been shaken by the development of groups which no longer accept these rules as the guiding principle of their actions. The alarmingly scant willingness among the younger nations to accept the compulsory jurisdiction of the International Court, and the scarce assignments conferred to that Court, bear witness to this crisis. More and more International Law is traversed by economical, sociological, political and power factors which are pushing aside the conceptions of law once considered stable.




Law of the Sea


Book Description

"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.




Future Sea


Book Description

A counterintuitive and compelling argument that existing laws already protect the entirety of our oceans—and a call to understand and enforce those protections. The world’s oceans face multiple threats: the effects of climate change, pollution, overfishing, plastic waste, and more. Confronted with the immensity of these challenges and of the oceans themselves, we might wonder what more can be done to stop their decline and better protect the sea and marine life. Such widespread environmental threats call for a simple but significant shift in reasoning to bring about long-overdue, elemental change in the way we use ocean resources. In Future Sea, ocean advocate and marine-policy researcher Deborah Rowan Wright provides the tools for that shift. Questioning the underlying philosophy of established ocean conservation approaches, Rowan Wright lays out a radical alternative: a bold and far-reaching strategy of 100 percent ocean protection that would put an end to destructive industrial activities, better safeguard marine biodiversity, and enable ocean wildlife to return and thrive along coasts and in seas around the globe. Future Sea is essentially concerned with the solutions and not the problems. Rowan Wright shines a light on existing international laws intended to keep marine environments safe that could underpin this new strategy. She gathers inspiring stories of communities and countries using ocean resources wisely, as well as of successful conservation projects, to build up a cautiously optimistic picture of the future for our oceans—counteracting all-too-prevalent reports of doom and gloom. A passionate, sweeping, and personal account, Future Sea not only argues for systemic change in how we manage what we do in the sea but also describes steps that anyone, from children to political leaders (or indeed, any reader of the book), can take toward safeguarding the oceans and their extraordinary wildlife.




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.




The Oxford Handbook of the Law of the Sea


Book Description

Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.




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.




Mexico and the Law of the Sea


Book Description

Mexico and the Law of the Sea: Contributions and Compromises examines Mexico’s legal work at the Third UN Conference on the Law of the Sea; its involvement at the regional Latin American meetings of Montevideo, Lima and Santo Domingo; and its current domestic legislation, in particular the Federal Oceans Act of 1986.







Canadian Oceans Policy


Book Description

This book deals with Canada's oceans management policies since the conclusion of the 1982 Convention of the Law of the Sea. That Convention set out a jurisdictional framework for the management of the world's oceans, but it did not provide states with precise guidance on all the issues that can arise. As a state with one of the world's longest coastlines, Canada was one of the principal beneficiaries under the 1982 Convention regime. A study of Canadian policy is particularly significant, as Canadian oceans management places in relief many of the difficult questions yet to be resolved. The central theme of this book, whose multidisciplinary contributors include leading Canadian participants in the Third United Nations Conference on the Law of the Sea, as well as leading Canadian academic and government oceans specialists, concerns the adequacy of the Canadian management responses to a new oceans regime which grants substantial jurisdiction to the coastal state. The chapters look at dispute settlement (maritime boundaries) and examine future Canadian and international policy directions. They are both analytical and prophetic, providing an assessment of the past and presenting a glimpse of the future. Canadian Oceans Policy provides insights into how Canada is managing the oceans and ocean resources off its coast and looks at the problems that lie ahead. The book also makes a major contribution to our understanding of an increasingly vital area of global politics. It will be of interest both to academics and policymakers and to all those concerned with the future of the oceans.