This book provides a timely analysis of the role that information-particularly scientific information-plays in the policy-making and decision-making processes in coastal and ocean management. It includes contributions from global experts in marine environmental science, marine policy, fisheries, public policy and administration, resource management
Contains the proceedings from the 30th annual conference of the Center for Oceans Law and Policy, University of Virginia School of Law, held in Dublin 12-14 July 2006.
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.
This textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
This book deals with Canada's oceans management policies since the conclusion of the 1982 Convention of the Law of the Sea. That Convention set out a jurisdictional framework for the management of the world's oceans, but it did not provide states with precise guidance on all the issues that can arise. As a state with one of the world's longest coastlines, Canada was one of the principal beneficiaries under the 1982 Convention regime. A study of Canadian policy is particularly significant, as Canadian oceans management places in relief many of the difficult questions yet to be resolved. The central theme of this book, whose multidisciplinary contributors include leading Canadian participants in the Third United Nations Conference on the Law of the Sea, as well as leading Canadian academic and government oceans specialists, concerns the adequacy of the Canadian management responses to a new oceans regime which grants substantial jurisdiction to the coastal state. The chapters look at dispute settlement (maritime boundaries) and examine future Canadian and international policy directions. They are both analytical and prophetic, providing an assessment of the past and presenting a glimpse of the future. Canadian Oceans Policy provides insights into how Canada is managing the oceans and ocean resources off its coast and looks at the problems that lie ahead. The book also makes a major contribution to our understanding of an increasingly vital area of global politics. It will be of interest both to academics and policymakers and to all those concerned with the future of the oceans.
Ocean governance is emerging as a field of study drawing on and combining different knowledge domains, including governance, science, and law. Assumptions of these three knowledge domains and their relationships are rarely discussed. This study attempts to contribute to such discussion by theory-building: investigating the governance-science and governance-law interfaces in an ocean governance context. The investigations form the basis for offering some perspectives concerning key topics of ocean governance: cross-sectoral, holistic, and integrated approaches, science-based decision-making, adaptation, the ecosystem approach, and ocean governance as an emerging field of study.
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
This handbook is the first of its kind to provide a clear, accessible, and comprehensive introduction to the most important scientific and management topics in marine environmental protection. Leading experts discuss the latest perspectives and best practices in the field with a particular focus on the functioning of marine ecosystems, natural processes, and anthropogenic pressures. The book familiarizes readers with the intricacies and challenges of managing coasts and oceans more sustainably, and guides them through the maze of concepts and strategies, laws and policies, and the various actors that define our ability to manage marine activities. Providing valuable thematic insights into marine management to inspire thoughtful application and further study, it is essential reading for marine environmental scientists, policy-makers, lawyers, practitioners and anyone interested in the field.
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.
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.
