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.

Ocean and Coastal Law and Policy
Ocean and Coastal Law and Policy

Author: Donald C. Baur

Publisher:

Published: 2008

Total Pages: 756

ISBN-13:

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The public trust doctrine. Role of the states. Managing coastal development. National environmental policy act ...

Ocean Law Debates
Ocean Law Debates

Author: Harry N. Scheiber

Publisher: BRILL

Published: 2018-07-17

Total Pages: 590

ISBN-13: 9004343148

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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.

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.

UNCLOS and Ocean Dispute Settlement
UNCLOS and Ocean Dispute Settlement

Author: Nong Hong

Publisher: Routledge

Published: 2012

Total Pages: 282

ISBN-13: 0415505275

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This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

Climate Change Impacts on Ocean and Coastal Law
Climate Change Impacts on Ocean and Coastal Law

Author: Randall Abate

Publisher:

Published: 2015

Total Pages: 748

ISBN-13: 0199368740

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Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.

Salt Water Neighbors
Salt Water Neighbors

Author: Ted L. McDorman

Publisher: Oxford University Press

Published: 2009

Total Pages: 415

ISBN-13: 0195383605

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The United States and Canada are salt water neighbors on the Atlantic, Pacific and Arctic Oceans. Despite the general closeness of the political, economic and social relationship, the two States have approached their offshore areas from different perspectives. Canada has long supported expansion of exclusive national control over its adjacent offshore; whereas the United States has been concerned with the balance between national authority and international navigation rights. Canada has tended to view maritime disputes with the United States as local matters; whereas the United States has tended to see the disputes with Canada in global terms. Against this background, Salt Water Neighbor's examines both the international ocean law disagreements that exist between the United States and Canada respecting maritime boundaries, fisheries and navigation rights (e.g., the Northwest Passage) and the numerous cooperative bilateral arrangements that have prevented these disputes from being significant causes of friction between the neighbors. There has not been a comprehensive book-length study of United States-Canada international ocean relations since the early 1970s. Much has changed in the last 30 years. Most importantly, the law and the nature of the disputes between the two States have changed as a result of the adoption of 200 nautical mile zones in the late 1970s.

Negotiating the Law of the Sea
Negotiating the Law of the Sea

Author: James K. Sebenius

Publisher: Harvard University Press

Published: 1984

Total Pages: 276

ISBN-13: 9780674606869

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The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Admiralty and Maritime Law in the United States
Admiralty and Maritime Law in the United States

Author: David W. Robertson

Publisher:

Published: 2008

Total Pages: 608

ISBN-13:

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The maritime law of the United States is harmonious in broad outline with the laws of other maritime nations, but it has a unique structure--tied to the U.S. Constitution and the Judiciary Act of 1789--entailing a special set of intellectual challenges. Admiralty and Maritime Law in the United States is a leading casebook that reveals the areas of international harmony and explores U.S. law's special features. Each of the authors is an admiralty expert, but the book strives for a generalist's perspective. It aims to tie the admiralty field into the students' other studies while providing the fundamental professional tools necessary to the advanced study or practice of U.S. maritime law. Instructors new to admiralty found the first edition of Admiralty and Maritime Law to be an orderly and user-friendly introduction to the field. Experienced admiralty professors found the book to be well organized and thorough. In the second edition, the authors have drawn on these reports and their own teaching experiences. The book's basic organization and approach have been retained, but much of the second edition is brand-new. Older cases have yielded to leading new ones, new textual material has been added, and older textual material has been deleted or streamlined. Many of the cases that carried over from the first edition have been edited into shorter versions. The second edition incorporates the body of admiralty statutes that came into effect in October 2006 and the reformulated ("plain English") Federal Rules of Civil Procedure that took effect in December 2007. It includes the Supreme Court's dramatic new decisions in Stewart v. Dutra Construction Co., Norfolk Southern Railway v. Kirby, Norfolk Southern Railway v. Sorrell, and even--in a stop-the-press one-page summary--the June 2008 Exxon Valdez punitive damages case. When asked to identify the best new feature of the second edition, the authors respond: "There are 70 fewer pages of text." In three semester hours, one can teach all of it. For shorter or more ruminatively paced courses, the Teacher's Manual provides suggestions on what to omit. A 2012 Teacher's Manual is available as of July 2012; there is also a 2013-14 Supplement.

The Outlaw Ocean
The Outlaw Ocean

Author: Ian Urbina

Publisher: Vintage

Published: 2019-08-20

Total Pages: 627

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.