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Science, Technology, and New Challenges to Ocean Law offers fresh perspectives on a set of vital issues in the field of ocean law and policy. Since the early period of the industrial revolution, successive waves of revolutionary scientific discoveries and technological innovations have intensified the global population’s exploitation of ocean and coastal resources. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for sustainability and equitability. Among the topics that are analysed in these readable, accessible papers are ecosystem approaches to resource management, the historic interplay of science and military concerns, the place of science in dispute-settlement processes, the varied human uses of the seabed, the roles in ocean governance of indigenous peoples, legal issues in fisheries management and conservation, and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean. The urgent importance of the subjects addressed here, together with the variety of disciplinary approaches deployed by the authors, enhance the value of this book’s unique contribution to the literature of ocean studies.
Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.
This volume examines the role of law and science in ocean management. Topics addressed include the ecosystems approach to fisheries management, ocean exploration, marine science capacity building, marine science and policy, marine science and law, as well as biological diversity, genetic resources and the law of the sea. The book contains a foreword by the President of Ireland and keynote addresses by the European Commissioner for Fisheries and Maritime Affairs; the Assistant Director of UNESCO and Executive Secretary of the International Oceanographic Commission; as well as the Secretary-General of the International Seabed Authority. The remainder of the volume contains comprehensive papers from jurists, scholars, diplomats and scientists from over 20 countries and international organisations. The collection contains a CD which provides visual and other material not contained in the primary text, including the text of the UN Law of the Sea Convention and additional documents, the PowerPoint presentations, and an index to the six-volume series United Nations Convention on the Law of the Sea 1982: A Commentary This book contains the proceedings from the thirtieth annual conference of the Center for Oceans Law and Policy, University of Virginia School of Law, which marked the tenth anniversary of Ireland’s ratification of the 1982 United Nations Convention on the Law of the Sea.
This book addresses emerging challenges for the World Ocean in the Anthropocene epoch, exploring issues of illegal, unreported and unregulated fishing, illegal oil spills from ships, marine genetic resources and bioprospecting, and the continental shelf beyond 200 nautical miles.
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.
The last quarter century has witnessed vast changes in the governance of ocean space and resources. The keystone instrument in the new legal order is the 1982 UN Law of the Sea Convention, an agreement comprehensive in its scope that has provided the framework for further innovations in marine policy and ocean law. Accelerated change in the 1990s included the revision and the going-into-force of the 1982 Convention; and the conclusion of new international agreements on biodiversity, on the management of fishery stocks in international waters, and on marine navigation and safety. There has also been renewed impetus for regionalization of marine management and conservation efforts. These and other leading issues facing the global community today are the subjects of essays in this volume. The authors, acknowledged authorities in the field, offer fresh and searching reappraisals of how the 'common heritage' concepts in ocean law have been challenged by the contemporary crises in marine uses and ocean environment and resources. How national governments and international organizations have responded to urgent questions of ocean management is a major focus of these studies, and the book also provides important historical perspective on the doctrinal legacy of earlier ocean law. Emerging legal norms and the principles of law, new procedural mandates, the problems of implementation, and recent institutional developments in the international arena all receive attention in this timely and provocative work.
Leading experts in the law of the sea assess the impact of emerging technology on ocean governance.
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.