The Rights of Indigenous Peoples in Marine Areas


Book Description

The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature.




Indigenous Peoples, Marine Space and Resources, and International Law


Book Description

This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.




Incorporating Indigenous Rights in the International Regime on Biodiversity Protection


Book Description

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.




Japan's Withdrawal from International Whaling Regulation


Book Description

This book examines the impact and implications of Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), which came into effect in July 2019. In 1982 the International Whaling Commission (IWC) adopted a moratorium on commercial whaling which has been in effect ever since, despite the resistance of some countries, first and foremost Japan, Norway and Iceland, that engage in commercial whaling. As one of the key contributors to scientific research and funding, Japan’s withdrawal has the potential to have wide-ranging implications and this volume examines the impact of Japan’s withdrawal on the IWC itself, on the governance of whaling, and on indigenous and coastal whaling. It provides backgrounds and commentaries on this decision as well as normative and legal discussions on matters relating to sustainable use of resources, and philosophies surrounding whaling in different IWC countries. The consideration of other international environmental regimes, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), is also examined in order to determine the international ripple effect of Japan’s decision. The book reveals that this is not just a matter of whaling but one which has significant legal, managerial and cultural implications. Drawing on deep analyses of IWC structures, the book addresses core philosophies underlying the whaling debate and in how far these may influence environmental governance in the future. This book will be of great interest to students and scholars of environmental law and governance, biodiversity conservation and sustainable development, as well as policymakers involved in international environmental and conservation agreements.




Indigenous Heritage and Self-determination


Book Description

The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.




The Law of the Sea


Book Description

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.







Trans-jurisdictional Water Law and Governance


Book Description

Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.







Marine Managed Areas and Fisheries


Book Description

Advances in Marine Biology has been providing in-depth and up-to-date reviews on all aspects of marine biology since 1963--over 40 years of outstanding coverage! The series is well known for its excellent reviews and editing. Now edited by Michael Lesser (University of New Hampshire, USA) with an internationally renowned Editorial Board, the serial publishes in-depth and up-to-date content on many topics that will appeal to postgraduates and researchers in marine biology, fisheries science, ecology, zoology, and biological oceanography. Volumes cover all areas of marine science, both applied and basic, a wide range of topical areas from all areas of marine ecology, oceanography, fisheries management and molecular biology and the full range of geographic areas from polar seas to tropical coral reefs. This volume, with an introduction by Ray Hilborn, will present the latest views on the use of MPAs or Marine Managed Areas for fisheries management. It will contain a wide range of case studies including the Chagos archipelago, South Georgia, the Caribbean, the North Sea, Florida, Hawaii, Great Barrier Reef, California, Mediterraneanand the Phoenix Islands Protected Area. It is the intention of the editors that the volume presents a series of evidence based rather than advocacy driven contemporary reviews. AMB volumes solicit and publish review articles on the latest advances in marine biology Many of the authors of these review articles are the leading figures in their field of study and the material is widely used by managers, students and academic professionals in the marine sciences