This book analyses the law-making of ecosystem-based fisheries management in marine areas beyond national jurisdiction as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS) so as to avoid stocks collapse and destruction of critical habitats, and increase the resilience of marine ecosystems.
This book takes a critical view of the policy and law governing EU marine fisheries and the effect of the 2013 reform of the Common Fisheries Policy (CFP). Reforms to the CFP are impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of Justice’s creation of principles unique to the sector. The author discusses how damaging effects of fishing could be ameliorated if the Court were to align fisheries principles with general principles of law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.
Small-scale fisheries make up a large proportion of world's fisheries, both by catch and participation. Effective management is essential to ensure access to fish for food and income. Covering social and economic aspects of the fishery management and governance challenge, this book provides guidance on innovative and alternative management measures and methods for small-scale fisheries. The book covers key topics such as rights, policy, co-management, communications and trade, and is an important reference for researchers and students in fisheries science and management as well as fisheries re.
In Maritime Security Cooperation in the Guinea: Prospects and Challenges, Kamal-Deen Ali provides ground-breaking analyses of the maritime security situation in the Gulf of Guinea and its implications for shipping, energy security, sustainable fisheries as well as national and regional security. The book juxtaposes the growing strategic importance of the Gulf of Guinea against the rising insecurity in the maritime domain, especially from piracy. Ali points out key gaps in prevailing regional and international approaches to maritime security cooperation in the Gulf of Guinea and sets out several suggestions for combating piracy as well as other maritime security threats while effectively enhancing maritime security cooperation in the region.
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
The law and policy for the Arctic are increasingly of international interest, largely due to the melting of the Arctic ice cap. Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries includes contributions from global specialists dealing with the geomorphologic context, maritime delimitation and specialized topics raised by promising oil and gas prospects, particularly in the extensive continental shelf presented by Russia to the Commission on the Limits of the Continental Shelf. Arctic shipping has entered a novel, untested phase with keen interest in the opening of ice free shipping lanes and proposed regulatory regimes. Fish in the North Atlantic are moving north disrupting historic fishing patterns as well as traditional fish stocks. Agreements on the allocation of shared fish stocks pose significant management challenges. Both littoral and non-littoral user nations are concerned with maritime security as well as search and rescue preparations given the anticipated increased use of the Arctic Ocean. These and many other of the most pressing issues are addressed in this important volume, making it a must-read for all those interested in environmental law and the law of the sea.
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.