The Future of Ocean Regime-Building
The Future of Ocean Regime-Building

Author: Aldo E. Chircop

Publisher: BRILL

Published: 2009

Total Pages: 801

ISBN-13: 900417267X

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One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime, a wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarersa (TM) rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston

The Future of Ocean Regime-Building
The Future of Ocean Regime-Building

Author: Aldo Chircop

Publisher: BRILL

Published: 2009-02-23

Total Pages: 800

ISBN-13: 9047426142

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One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston

The International Law of the Sea
The International Law of the Sea

Author: Yoshifumi Tanaka

Publisher: Cambridge University Press

Published: 2019-08-15

Total Pages: 641

ISBN-13: 110842421X

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Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

Maritime Regime Building
Maritime Regime Building

Author: Mark J. Valencia

Publisher: Martinus Nijhoff Publishers

Published: 2001-06-20

Total Pages: 196

ISBN-13: 9789041115805

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The past few decades have witnessed the emergence of a vast array of regional arrangements and institutions dealing with all aspects of ocean management. The level of cooperation ranges from minimal dispute avoidance to relatively comprehensive ocean governance at the regional level. As concrete examples, reasonably successful and comprehensive regional regimes have been created for the Baltic, the North, and the Mediterranean Seas and the South Pacific. And attempts at regional regime building are ongoing in Southeast Asia, the South China Sea and the Indian Ocean. Although there are broad similarities between the semi-enclosed seas of Western Europe and Northeast Asia, no regional maritime regime has yet been initiated in Northeast Asia. The papers in this volume are authored by leading authorities on not only the maritime affairs of their particular region of focus but on maritime policy in general. They describe and explain existing or incipient regional maritime regimes in an unusually broad comparative context, and extract lessons learned that may be applicable elsewhere including Northeast Asia. The case studies are neatly sandwiched between an introduction to concepts and principles on regional co-operation and concluding chapters on lessons learned and their applicability to Northeast Asia. Moreover, the papers raise and address several questions of relevance to policy. For example, what factors are conducive to maritime regime initiation, expansion and positive evolution, and which constrain regime formation and evolution? Why has maritime regime building been successful in Europe and largely unsuccessful in Asia? And which, if any, lessons learned in the European context areapplicable in Asia? Given the growing interest in regime formation and effectiveness in general and maritime regimes in particular, this book will be of considerable interest to both analysts and policymakers.

UN Convention on the Law of the Sea and the South China Sea
UN Convention on the Law of the Sea and the South China Sea

Author: Shicun Wu

Publisher: Routledge

Published: 2016-03-09

Total Pages: 337

ISBN-13: 1317005619

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Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

Major Law and Policy Issues in the South China Sea
Major Law and Policy Issues in the South China Sea

Author: Yann-huei Song

Publisher: Routledge

Published: 2016-05-13

Total Pages: 327

ISBN-13: 1317102703

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Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.

Marine Protected Areas Network in the South China Sea
Marine Protected Areas Network in the South China Sea

Author: Vu Hai Dang

Publisher: Martinus Nijhoff Publishers

Published: 2014-01-09

Total Pages: 338

ISBN-13: 9004266356

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The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.

International Law and Marine Areas beyond National Jurisdiction
International Law and Marine Areas beyond National Jurisdiction

Author: Vito De Lucia

Publisher: BRILL

Published: 2022-01-31

Total Pages: 469

ISBN-13: 9004506365

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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.

Increasing Capacity for Stewardship of Oceans and Coasts
Increasing Capacity for Stewardship of Oceans and Coasts

Author: National Research Council

Publisher: National Academies Press

Published: 2008-02-04

Total Pages: 154

ISBN-13: 0309164346

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Marine environments support the livelihoods, economies, and quality of life for communities around the world. But growth of coastal populations and increasing demands on marine resources are putting the future of ocean and coastal resources at risk through impacts such as overfishing, wetland drainage, climate change, and pollution of coastal waters. Given these demands, it is vital to build capacity-the people, the institutions, and technology and tools-needed to manage ocean resources. Unfortunately, many capacity building efforts focus on specific projects rather than on capacity building as goal unto itself, resulting in activities that are not funded or sustained past the typically short project lifetime. This book finds that the most successful capacity-building efforts meet the needs of a specific locale or region based on periodic assessments and include plans to maintain and expand capacity after the project ends. The report recommends ways that governments and organizations can help strengthen marine protection and management capacity, including conducting periodic program assessments, making plans to sustain funding, and developing leadership and political will. The book was produced at the request of Gordon and Betty Moore Foundation, the President's Circle of the National Academies, the David and Lucile Packard Foundation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the Marisla Foundation, and the Curtis and Edith Munson Foundation.

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.