Ocean Law Debates

The 50-Year Legacy and Emerging Issues for the Years Ahead

Harry N. Scheiber, Nilufer Oral, Moon-Sang Kwon (Herausgeber)

Buch | Hardcover

592 Seiten

2018
Martinus Nijhoff (Verlag)
978-90-04-34313-9 (ISBN)

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The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.

Harry N. Scheiber, (Ph.D., Cornell University, D.Jur.hon., Uppsala University) is Director Emeritus of the Law of the Sea Institute, and Riesenfeld Chair Professor and Chancellor’s Professor of Law and History, Emeritus, School of Law, University of California, Berkeley. Nilufer Oral is a member of the law faculty at Istanbul Bilgi University where she teaches classes on international environmental law and climate change. Dr. Oral served as a climate change negotiator for the Turkish Foreign Ministry between 2009 and 2016. She was elected as member of the International Law Commission (2017-2021). Moon-Sang Kwon, Ph.D. in Law (Law of the Sea), is Project Manager (Principal Research Scientist), Ocean Policy Institute/ Korea Institute of Ocean Science and Technology and President, the Korea Society of Ocean Policy.

Acknowledgements
List of Illustrations
List of Abbreviations
List of Contributors

Introduction

Part 1: Fifty Years of Ocean Law Debates: The Law of the Sea Institute
1 The Law of the Sea Institute: A New Forum for Debate of Ocean Law in the 1960s “Decade of Uncertainty”
Harry N. Scheiber
2 The losi in Hawai’i: Ocean Law and Policy Debates, 1977–96
Sherry Broder
3 Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 Years
Clive Schofield
4 A Legacy of Stewardship for the Public Order of the Oceans: A Memorial Tribute to William T. Burke
Craig Allen
5 Lewis M. Alexander, Modern Master Marine of the Law of the Sea
John Briscoe

Part 2: Perspectives on unclos
6 The Strategic Foundations of the Law of the Sea
James Kraska
7 Small States in the Decision-Making Process of unclos iii
Willy Østreng
8 Special Address: iuu Fishing and the International Tribunal for the Law of the Sea
in-Hyung Paik
9 Special Address: On the Challenges to Stability and to the Rule of Law in Implementation of unclos
Bernard Oxman

Part 3: The European Union’s Record in Sustainable Management of Marine Resources
10 Regulating and Managing Marine Fisheries Resources: Five Decades of Triumph and Failure in the European Union
Ronán Long

Part 4: Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction (abnj)
11 Freedom of the High Seas or Protection of the Marine Environment? A False Dichotomy
Nilufer Oral
12 Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction
Kristina Gjerde
13 Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean
Robin Warner
14 Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless Sea
David VanderZwaag
15 Changes in the Law of Marine Genetic Resources in the abnj and under unclos
Su Jin Park

Part 5: New Developments (and Challenges) in the Arena of Ocean Law
16 Defining “Serious Harm” and “Harmful Effects” for Deep Seabed Mining in the Area
Kathryn Mengerink
17 Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization
Daniel Bodansky
18 Perspectives on the International Court of Justice Ruling in the “Whaling in the Antarctic” Case
Anastasia Telesetsky, Seokwoo Lee and Hee Eun Lee
19 Conservation or Claim? The Motivations for Recent Marine Protected Areas
David C. Caron and Stephen Minas

Index

Erscheinungsdatum	27.04.2018
Sprache	englisch
Maße	155 x 235 mm
Gewicht	1049 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	90-04-34313-X / 900434313X
ISBN-13	978-90-04-34313-9 / 9789004343139
Zustand	Neuware