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This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.
Explores how the law of the sea can develop in support of the objectives of the United Nations climate regime.
The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves. Contributors. Stacy Alaimo, Amy Braun, Irus Braverman, Holly Jean Buck, Jennifer L. Gaynor, Stefan Helmreich, Elizabeth R. Johnson, Stephanie Jones, Zsofia Korosy, Berit Kristoffersen, Jessica Lehman, Astrida Neimanis, Susan Reid, Alison Rieser, Katherine G. Sammler, Astrid Schrader, Kristen L. Shake, Phil Steinberg
With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world’s foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: • International Law Considerations in Maritime Regulation and Enforcement • Role of States and other International Actors in Maritime Regulation and Enforcement • Regulation and Enforcement in Different Maritime Sectors • Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.
From a brilliant Brookings Institution expert, an “important” (The Wall Street Journal) and “penetrating historical and political study” (Nature) of the critical role that oceans play in the daily struggle for global power, in the bestselling tradition of Robert Kaplan’s The Revenge of Geography. For centuries, oceans were the chessboard on which empires battled for supremacy. But in the nuclear age, air power and missile systems dominated our worries about security, and for the United States, the economy was largely driven by domestic production, with trucking and railways that crisscrossed the continent serving as the primary modes of commercial transit. All that has changed, as nine-tenths of global commerce and the bulk of energy trade is today linked to sea-based flows. A brightly painted forty-foot steel shipping container loaded in Asia with twenty tons of goods may arrive literally anywhere else in the world; how that really happens and who actually profits from it show that the struggle for power on the seas is a critical issue today. Now, in vivid, closely observed prose, Bruce Jones conducts us on a fascinating voyage through the great modern ports and naval bases—from the vast container ports of Hong Kong and Shanghai to the vital naval base of the American Seventh Fleet in Hawaii to the sophisticated security arrangements in the Port of New York. Along the way, the book illustrates how global commerce works, that we are amidst a global naval arms race, and why the oceans are so crucial to America’s standing going forward. As Jones reveals, the three great geopolitical struggles of our time—for military power, for economic dominance, and over our changing climate—are playing out atop, within, and below the world’s oceans. The essential question, he shows, is this: who will rule the waves and set the terms of the world to come?
Offers a multidisciplinary edited volume on policy dimensions of climate change for the world's oceans, for researchers, policymakers and activists.
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.
This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
This book is the first ever written on English marine conservation regulation from a socio-legal perspective. The monograph presents an in-depth analysis of key aspects of Marine Protected Areas regulation in England, offering the reader access to an under-investigated field. Such regulatory mapping is complemented by an interdisciplinary treatment of the subject exploring the relationship between people and marine parks through central themes in environmental social sciences and regulatory theory, namely space, rationalisation, democracy and adaptation. Thus, the book is of interest to environmental lawyers and regulatory scholars but also to human geographers, environmental sociologists and political scientists. As the book provides critical reflections on current legal and regulatory structures, it contains valuable insights for policymakers and regulators. The book has a strong methodological basis drawing on in-depth desk-based research, complemented by primary qualitative research, conducted over a number of years.
This open access book summarizes peer-reviewed articles and the abstracts of oral and poster presentations given during the YOUMARES 9 conference which took place in Oldenburg, Germany, in September 2018. The aims of this book are to summarize state-of-the-art knowledge in marine sciences and to inspire scientists of all career stages in the development of further research. These conferences are organized by and for young marine researchers. Qualified early-career researchers, who moderated topical sessions during the conference, contributed literature reviews on specific topics within their research field. .