Building a New Legal Order for the Oceans

Building a New Legal Order for the Oceans

Author: Tommy Koh

Publisher: National University of Singapore Press

Published: 2020

Total Pages: 0

ISBN-13: 9789813250895

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"The UNCLOS has been called a constitution for the oceans and is critically important today in a world rocked by climate change and biodiversity loss, and where deep seabed resources are potentially of vital strategic importance. It is absolutely crucial to find new ways to manage the common heritage of mankind, while navigating the priorities and expectations of those who depend on the oceans. Equally, peace at sea is made possible by the UNCLOS. Koh discusses current threats to maritime security. He explains the intricacies of the disputes in the South China Sea and the success of maritime boundary conciliation between Australia and Timor-Leste. What can be learned from the success of UNCLOS? How can we build on that success, and manage the new tensions that arise in the Law of the Sea?"--Page 4 de la couverture.


Legal Order in the World's Oceans

Legal Order in the World's Oceans

Author: Myron H. Nordquist

Publisher: Center for Oceans Law and Poli

Published: 2018

Total Pages: 463

ISBN-13: 9789004352537

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Legal Order in the World's Oceans: UN Convention on the Law of the Seaassesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation--Maritime Compliance and Enforcement.


Legal Order in the World's Oceans

Legal Order in the World's Oceans

Author: Myron H. Nordquist

Publisher: BRILL

Published: 2017-10-17

Total Pages: 477

ISBN-13: 9004352546

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Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.


Saving the Oceans Through Law

Saving the Oceans Through Law

Author: James Harrison

Publisher: Oxford University Press

Published: 2017

Total Pages: 353

ISBN-13: 0198707320

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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 Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas

Author: Efthymios Papastavridis

Publisher: Bloomsbury Publishing

Published: 2014-08-28

Total Pages: 269

ISBN-13: 1782250859

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The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.


Law of the Sea

Law of the Sea

Author: Jill Barrett

Publisher: British Institute for International & Comparative Law

Published: 2016

Total Pages: 0

ISBN-13: 9781905221523

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"The British Institute of International and Comparative Law (BIICL) organized the 'UNCLOS at 30' conference on 22-23 November 2012 in Belfast, which inspired the launching of this book project. All of the contributing authors spoke at the conference...and most of their chapters have evolved from their presentations"--Page vii.


Across Oceans of Law

Across Oceans of Law

Author: Renisa Mawani

Publisher: Duke University Press

Published: 2018-08-09

Total Pages: 368

ISBN-13: 0822372126

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In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.


The Outlaw Ocean

The Outlaw Ocean

Author: Ian Urbina

Publisher: Vintage

Published: 2019-08-20

Total Pages: 560

ISBN-13: 0451492951

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NATIONAL BESTSELLER • A riveting, adrenaline-fueled tour of a vast, lawless, and rampantly criminal world that few have ever seen: the high seas. There are few remaining frontiers on our planet. But perhaps the wildest, and least understood, are the world's oceans: too big to police, and under no clear international authority, these immense regions of treacherous water play host to rampant criminality and exploitation. Traffickers and smugglers, pirates and mercenaries, wreck thieves and repo men, vigilante conservationists and elusive poachers, seabound abortion providers, clandestine oil-dumpers, shackled slaves and cast-adrift stowaways—drawing on five years of perilous and intrepid reporting, often hundreds of miles from shore, Ian Urbina introduces us to the inhabitants of this hidden world. Through their stories of astonishing courage and brutality, survival and tragedy, he uncovers a globe-spanning network of crime and exploitation that emanates from the fishing, oil, and shipping industries, and on which the world's economies rely. Both a gripping adventure story and a stunning exposé, this unique work of reportage brings fully into view for the first time the disturbing reality of a floating world that connects us all, a place where anyone can do anything because no one is watching.


Bringing New Law to Ocean Waters

Bringing New Law to Ocean Waters

Author: David D. Caron

Publisher: BRILL

Published: 2004-09-01

Total Pages: 513

ISBN-13: 904740629X

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In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges.


Ocean Law and Policy

Ocean Law and Policy

Author: Carlos Espósito

Publisher: BRILL

Published: 2016-10-11

Total Pages: 483

ISBN-13: 9004311440

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In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. 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. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.