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Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
The public trust doctrine. Role of the states. Managing coastal development. National environmental policy act ...
Bringing together leading experts on the law of the sea, The South China Sea Arbitrationprovides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons
The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Coastal Governance provides a clear overview of how U.S. coasts are currently managed and explores new approaches that could make our shores healthier. Drawing on recent national assessments, Professor Richard Burroughs explains why traditional management techniques have ultimately proved inadequate, leading to polluted waters, declining fisheries, and damaged habitat. He then introduces students to governance frameworks that seek to address these shortcomings by considering natural and human systems holistically. The book considers the ability of sector-based management, spatial management, and ecosystem-based management to solve critical environmental problems. Evaluating governance successes and failures, Burroughs covers topics including sewage disposal, dredging, wetlands, watersheds, and fisheries. He shows that at times sector-based management, which focuses on separate, individual uses of the coasts, has been implemented effectively. But he also illustrates examples of conflict, such as the incompatibility of waste disposal and fishing in the same waters. Burroughs assesses spatial and ecosystem-based management’s potential to address these conflicts. The book familiarizes students not only with current management techniques but with the policy process. By focusing on policy development, Coastal Governance prepares readers with the knowledge to participate effectively in a governance system that is constantly evolving. This understanding will be critical as students become managers, policymakers, and citizens who shape the future of the coasts.
In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.
Analyzing the regulation of vessel-source pollution from the perspective of the political interests of key players in the ship transportation industry, Khee-Jin Tan offers a comprehensive and convincing account of how pollution of the marine environment by ships may be better regulated and reduced. In this timely study, he traces the history of regulation at the International Maritime Organisation (I.M.O.) and investigates the political, economic and social forces influencing the IMO treaties. Also examined are the efforts of maritime states, ship-owners, cargo owners, oil companies and environmental groups to influence IMO laws and treaties.
The true story of the controversial battle to save the world’s most famous endangered species. The journals of early maritime explorers traversing the Atlantic Ocean often describe swarms of sea turtles, once a plentiful source of food. Many populations had been decimated by the 1950s, when Archie Carr and others raised public awareness of their plight. One species, the green turtle, has been the most heavily exploited due to international demand for turtle products, especially green turtle soup. The species has achieved some measure of recovery due to thirty years of conservation efforts, but remains endangered. In The Case of the Green Turtle, Alison Rieser provides an unparalleled look into the way science and conservation interact by focusing on the most controversial aspect of green turtle conservation—farming. While proponents argued that farming green sea turtles would help save them, opponents countered that it encouraged a taste for turtle flesh that would lead to the slaughter of wild stocks. The clash of these viewpoints once riveted the world. Rieser relies on her expertise in ocean ecology, policy, and law to reveal how the efforts to preserve sea turtles changed marine conservation and the way we view our role in the environment. Her study of this early conservation controversy will fascinate anyone who cares about sea turtles or the oceans in which they live.