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Between 2001 and 2002 the Maritime Institute of the Universiteit Gent and the Centre for International Law of the Vrije Universiteit Brussel joined efforts and hosted Emeritus Professor Dermott Devine as holder of the International Francqui Chair, around the central themes of fisheries and coastal state jurisdiction with respect to marine pollution. As Emeritus Director of the Institute of Marine and Environmental Law, Professor Devine was available for discussion and participation in the scientific life of the different Belgian universities having similar fields of interest. Within this context six classes of excellence were organized with the participation of interested Belgian colleagues across the board, belonging to universities adhering to different basic philosophies and even forming part of different linguistic communities. These classes culminated in a final symposium where Professor Devine gave a birds-eye view of the general theme, overarching and synthesizing the different subjects covered during the previous classes of excellence. This book offers a reworked compilation of all the contributions of the key-note speakers to the classes of excellence.
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.
This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.
The North Sea, one of the most intensively used sea-areas in the world, may well be one of the most intensively regulated sea-areas as well. As human activity developed in the North Sea national & later international regulations followed these developments. The result has been what is commonly called a piecemeal approach. The legal regime of the North Sea has developed in an incremental manner. Thus one conventional instrument after the other, covering different user-functions like vessel-source pollution, fisheries, ocean dumping & land-based pollution, was adopted. In contrast to more modern approaches these legal instruments have their own framework. The result is that the instruments are scattered in many different documents, & even for the more well informed North Sea watcher it is difficult to obtain a comprehensive overview of the regulatory instruments. The North Sea: Basic Legal Documents on Regional Environmental Co-operation offers a comprehensive view of the instruments dealing with all sources of marine pollution in the North Sea, be they ocean dumping, land-based pollution or vessel-source pollution. The book contains many legal documents, including maps & tables. It also contains non-conventional instruments such as the texts of the declarations of the International North Sea Conferences, held between 1984 & 1990, & recommendations & decisions of e.g. the Paris Commission on Land-Based Pollution & the Oslo Commission on Dumping. Furthermore the book contains documentation on relatively new areas of environmental concern in the North Sea region, i.e. nature conservation & management of living resources. The book supplements The North Sea: Perspectives on Regional Environmental Co-operation also edited by David Freestone & Ton IJlstra which contains 26 essays on legal & policy aspects of environmental protection in the North Sea.
Freedom for the Seas in the 21st Century brings together leading international experts on marine policy to address current threats to the health of the seas and to offer new approaches to the challenge of protecting our marine environment. The paradigm presented is one of ocean governance rather than of law or policy; it challenges the prevailing concept of "freedom of the seas" and calls instead for a governing notion of "freedom for the seas" where the primary goal is the protection of ecological vitality. Topics covered include: *strategies for controlling ocean pollution *regulation of high-seas fishing *defects in current deep seabed mining regulatory provisions *threats to the marine environment posed by military activities
Originally published in Russian, this book is the first major Russian treatise on the international law of the sea in the post-Soviet era. The book covers the legal status and legal regime of the sea expanses and follows their classification in the 1982 United Nations Convention. In addition, a separate section is devoted to the legal status of the Caspian Sea. The author analyzes in-depth the international legal norms regulating the preservation of the marine environment and concludes that a system of international cooperation is essential both in the sphere of navigation and economic exploitation of oceanic resources. Extensive attention is given to Russian practice. As Russia plays a central and influential role in world maritime policy, a book that specifically deals with Russian approaches in this field cannot fail to be of importance to anyone interested in the law of the sea.
Ocean—a source of life, has been overused and heavily polluted. While the traditional approaches might not be able to solve the complexity of the ocean governance issues, there is a need to adopt a new way of thinking in order to deal with the current problems. This book emphasises the importance of law and policy while generating ocean governance initiatives. “Good Ocean Governance” as a new way of thinking, needs to be supported by legislation and decision makers. It is, therefore, necessary to examine whether the idea of good ocean governance exists within the international legal system and is subsequently subject to transfer into the domestic law. During this transaction process, a number of examples provided from the United States, Canada and Australia help to demonstrate the broad picture. Also included are discussions on the governance of marine resources, ship recycling and marine pollution, the impact of maritime clusters as well as social and culture impact of ports. The ultimate aim of this book is to tease out more new ideas and discussions on ocean governance issues.
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
An overview of marine pollution issues as they interfacewith the dynamic and rapidly evolving area of the Law of theSea. Includes not only the "basics" of international andenvironmental law but an in-depth analysis of the Law ofthe Sea.2 vol. supplement Appendix and Index (looseleaf).Appendixes volume includes 1992 update; Appendixes and Indexvolume includes 2001 Revision.William S. Hein & Co., Inc., 1986