Chapters throughout this book assess the roles and impact upon oceans management of the institutions both inside and outside the Convention's framework, as well as the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. Questions addressed concern the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.
Chapters throughout this book assess the roles and impact upon oceans management of the institutions both inside and outside the Convention’s framework, as well as the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. Questions addressed concern the interpretation of the Convention’s substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea’s continuing evolution in the years ahead.
International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.
Reservations and veto mechanisms found in marine conservation agreements have contributed to the decline of living ocean resources. This book chronicles their use in the history of key marine conservation and management regimes and examines the evolving legal framework that informs, and potentially limits, their use.
The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. The book assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region. The contributions to this volume engage with a security discourse which has expanded beyond the traditional military domain to include notions of security from the perspective of economics, the environment and bio-security. This book provides a contemporary and innovative approach to Antarctic issues which will be of interest to scholars of international law, international relations, security studies and political science as well as policy makers, lawyers and government officials with an interest in the region.
A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from.
In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea. Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future. All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.
The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
