International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction
Author: Vito De Lucia
Publisher: BRILL
Total Pages: 469
Release: 2022-01-31
Genre: Law
ISBN: 9004506365

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Marine Biodiversity of Areas Beyond National Jurisdiction

Marine Biodiversity of Areas Beyond National Jurisdiction
Author: Myron H. Nordquist
Publisher: Center for Oceans Law and Poli
Total Pages: 349
Release: 2021
Genre: Law
ISBN: 9789004422414

"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--

The International Legal Regime of Areas beyond National Jurisdiction

The International Legal Regime of Areas beyond National Jurisdiction
Author: Erik J. Molenaar
Publisher: BRILL
Total Pages: 272
Release: 2010-02-08
Genre: Law
ISBN: 904742428X

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction? This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea
Author: Tomas Heidar
Publisher: BRILL
Total Pages: 498
Release: 2020-09-07
Genre: Law
ISBN: 9004437754

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Marine Protected Areas in International Law

Marine Protected Areas in International Law
Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
Total Pages: 451
Release: 2016-08-09
Genre: Law
ISBN: 9004324089

Marine Protected Areas in International law – an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.

High Seas Governance

High Seas Governance
Author: Robert C. Beckman
Publisher: BRILL
Total Pages: 336
Release: 2018-11-26
Genre: Law
ISBN: 9004373306

High Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.

Saving the Oceans Through Law

Saving the Oceans Through Law
Author: James Harrison
Publisher: Oxford University Press
Total Pages: 353
Release: 2017
Genre: Law
ISBN: 0198707320

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

The Future of the Law of the Sea

The Future of the Law of the Sea
Author: Gemma Andreone
Publisher: Springer
Total Pages: 278
Release: 2017-03-30
Genre: Law
ISBN: 3319512749

This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.

Maritime Spatial Planning

Maritime Spatial Planning
Author: Jacek Zaucha
Publisher: Springer
Total Pages: 496
Release: 2018-01-01
Genre: Environmental Law/Policy/Ecojustice
ISBN: 3319986961

This book is open access under a CC BY 4.0 license Maritime or marine spatial planning has gained increasing prominence as an integrated, common-sense approach to promoting sustainable maritime development. A growing number of countries are engaged in preparing and implementing maritime spatial plans: however, questions are emerging from the growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders – and how far does the environment benefit from this new approach? This open access book is the first comprehensive overview of maritime spatial planning. Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners. Jacek Zaucha is Professor of Economics at Gdánsk University, Poland. He is long experienced in maritime spatial planning, and is currently leading the team preparing the first plan for Polish waters. Kira Gee is Research Associate at the Centre for Materials and Coastal Research (Helmholtz-Zentrum Geesthacht), Germany. She has been involved in MSP research and practice for over 20 years, and has participated in numerous national and transnational European MSP projects.