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Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies.Unlike the United Nations'monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's “terracentrism” and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law—and international law in particular—capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities?Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

In the 1980s concern throughout the world was growing about the use of the oceans by nuclear-powered naval vessels and naval vessels carrying nuclear weapons. Many countries were keen to keep their ports and the waters off their coastlines'nuclear-free'. Originally published in 1986, this book presents a worldwide survey of the state of the nuclear use of the oceans and assesses the prospects for denuclearisation at the time. It looks at the legal background, the practical issues and the attitudes and positions in different parts of the world. ‘… while regional efforts of disarmament and arms control are necessary, so are global efforts. At the same time, international legal norms, including the Law of the Sea, must be adopted and utilized in the ever difficult search for world peace'. Arvid Pardo.

The Center for Oceans Law and Policy, University of Virginia School of Law, annually hosts a conference on a topical subject of interest to the global law of the sea community. The twenty-fifth meeting of the Center was co-sponsored by the International Tribunal for the Law of the Sea (ITLOS), and held in March 2001, at its Hamburg headquarters. The conference theme, Current Marine Environmental Issues and the International Tribunal for the Law of the Sea, featured two days of presentations from many of the world's foremost experts. The published conference proceedings include papers by Satya N. Nandan, Secretary-General, International Seabed Authority; P. Chandrasekhara Rao, President, ITLOS; most of the ITLOS judges; and a number of private practitioners concerned with the marine environment. Topics discussed focused on the past, present, and future dispute settlement activities of ITLOS and the regulatory consequences in Europe as a result of the Erika oil spill on 12 December, 1999. Current Marine Environmental Issues and the International Tribunal for the Law of the Sea is a significant collection of authoritative commentary, compiled through the cooperation of an academic institution and an international organization specifically dedicated to peaceful settlement of disputes in the world's oceans.

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 International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea. This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The M/V “Virginia G” Case (Panama/Guinea-Bissau). The documents are reproduced in their original language. The Tribunal delivered its Judgment on 14 April 2014. It is published in the volume ITLOS Reports of Judgments, Advisory Opinions and Orders 2014 (ITLOS Reports 2014). Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l'interprétation et à l'application de la Convention des Nations Unies sur le droit de la mer. Le présent volume contient le texte des pièces de la procédure écrite, des procès-verbaux des audiences publiques et d'autres documents produits dans l'Affaire du navire « Virginia G » (Panama/Guinée-Bissau). Les documents sont reproduits dans la langue originale utilisée. Le Tribunal a rendu son arrêt le 14 avril 2014. Il est publié dans le volume : TIDM Recueil des arrêts, avis consultatifs et ordonnances 2014 (TIDM Recueil 2014).

Science, Technology, and New Challenges to Ocean Law offers fresh perspectives on a set of vital issues in the field of ocean law and policy. Since the early period of the industrial revolution, successive waves of revolutionary scientific discoveries and technological innovations have intensified the global population's exploitation of ocean and coastal resources. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for sustainability and equitability. Among the topics that are analysed in these readable, accessible papers are ecosystem approaches to resource management, the historic interplay of science and military concerns, the place of science in dispute-settlement processes, the varied human uses of the seabed, the roles in ocean governance of indigenous peoples, legal issues in fisheries management and conservation, and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean. The urgent importance of the subjects addressed here, together with the variety of disciplinary approaches deployed by the authors, enhance the value of this book's unique contribution to the literature of ocean studies.

Seventy percent of our planet is covered by water, and even in today's world of instant communication the global community is still heavily reliant on sea-based transport. The maritime domain has always been one of NATO's key strengths, but concerns about maritime security have taken on renewed importance in recent years, and NATO has been forced to re-examine some of its fundamental assumptions about the post Cold War security environment. This book shares some of the research, debates and findings from a NATO Advanced Research Workshop (ARW); Building Trust to Enhance Maritime Security, held in Geneva, Switzerland, in November 2014. The chapters in the book deal extensively with lessons learned by NATO from a wide range of policies, operations and situations. This maritime experience has been amassed from the Atlantic and Mediterranean to the Baltic and the Black Sea, and even into the Indian Ocean, as well as from the four decades spent defending NATO allies on the high seas during the Cold War. The single most profound lesson learned over the years has concerned the importance of efficient coordination. Structures and mechanisms have been created, not least in recent counter piracy operations, which enable a vast array of actors to work together in an efficient way, and which could prove invaluable in future efforts to counter terrorism and aggression worldwide. The safety of the maritime domain is essential to the freedom and security of all nations, and this book will be of interest to all those whose work involves maintaining that freedom and security.

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism.This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK).The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together.The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment. In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of'soft'and'hard'law. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.

In Climate Change and Environmental Hazards Related to Shipping Hans-Joachim Koch, Doris König, Joachim Sanden and Roda Verheyen provide an edited overview on the recent discussions regarding legal questions of tackling climate change, and the legal instruments related to environmental problems caused by international shipping. An esteemed international group of authors make important contributions to the legal challenges in international, European and domestic law. Focal points are multilateral environmental agreements and the law of the sea as well as the potential contributions by municipalities. This important new collection, based on the research findings of the Hamburg International Environmental Law Conference 2011, are of particular relevance for lawyers and scholars interested in the recent legal discussions on climate change law and environmental Law of the Sea.

To mark the 30th anniversary of the Institute of Maritime Law at Southampton University, current and former maritime law researchers came together to discuss the evolution of this fascinating area of law in the last 30 years and to stimulate discussion on its possible future. Their papers, edited by Professor Malcolm Clarke under the title Maritime Law Evolving, provide a series of thought-provoking essays on the most controversial and topical issues which have occupied maritime law researchers in the last three decades and which will continue to be at the heart of this ever-evolving discipline in the foreseeable future. The resulting work cuts across disciplines, spanning developments in areas as diverse as the management of the oceans and the evolution of the carriage and insurance sides of shipping law, including the ever- increasing influence of the European legislator in matters of conflict of laws and enforcement.

The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management. Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights. Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP.Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.

Have we already entered a new epoch, the Anthropocene, dominated by the impact of human activities? What of the effects of increasing globalisation on the seas? Thirty-three experts on marine affairs and the law of the sea examine the emerging challenges for the World Ocean, inquiring into developments prompted by globalisation in central issue-areas of the law of the sea. These are explored systematically in sections on the key challenges and developments in the interface of science, economic uses and law (Part I); climate change and the oceans (Part II); sustainability of fisheries (Part III); challenges and responses related to global maritime transport (Part IV); and the regulatory responses to global challenges in seas surrounding Europe (Part V).

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction?This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary.This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

'Sales no. E.07.V.4.'

Maritime security is a major challenge for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operation. This volume provides in-depth analysis of current international and regional approaches to maritime security, cargo, port and supply chain security, maritime information sharing and capacity building. The work describes measures in place at multilateral and regional levels to improve information sharing and operational coordination regarding security threats to shipping, offshore installations and port facilities. Several chapters address measures aimed at reducing acts of piracy and armed robbery against shipping at sea. This edited volume contains articles by government officials, senior naval and coast guard commanders as well as by leading jurists and academics.One unique feature of this volume is that many of the contributions are by operational commanders with first–hand experience of the practical law enforcement problems involved in minimizing disruption to legitimate trade and business. This collection will appeal to all concerned with maritime security and the protection of vital international trade by sea. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations from the thirty-first annual Virginia conference held in Heidelberg, Germany, May 24-26, 2007.

This volume examines the role of law and science in ocean management. Topics addressed include the ecosystems approach to fisheries management, ocean exploration, marine science capacity building, marine science and policy, marine science and law, as well as biological diversity, genetic resources and the law of the sea. The book contains a foreword by the President of Ireland and keynote addresses by the European Commissioner for Fisheries and Maritime Affairs; the Assistant Director of UNESCO and Executive Secretary of the International Oceanographic Commission; as well as the Secretary-General of the International Seabed Authority. The remainder of the volume contains comprehensive papers from jurists, scholars, diplomats and scientists from over 20 countries and international organisations. The collection contains a CD which provides visual and other material not contained in the primary text, including the text of the UN Law of the Sea Convention and additional documents, the PowerPoint presentations, and an index to the six-volume series United Nations Convention on the Law of the Sea 1982: A Commentary This book contains the proceedings from the thirtieth annual conference of the Center for Oceans Law and Policy, University of Virginia School of Law, which marked the tenth anniversary of Ireland's ratification of the 1982 United Nations Convention on the Law of the Sea.

The focus of this book is on current ocean law and policy issues particularly in the region around China. A main emphasis is a comprehensive survey of Chinese positions on potential flashpoints such as delimitation in the East China Sea and South China Sea. Other topical subjects covered by both Chinese and outside experts are integrated coastal zone management, oil and gas development in the region, fishery management and enforcement, global advancements in marine science, commercial navigation challenges and protection of underwater cultural heritage sites. The authors make clear that there is a strong, shared commitment to cooperative solutions over maritime disputes within the framework of the 1982 UN Convention on the Law of the Sea. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.

This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.

The adoption of the United Nations Convention on the Law of the Sea in 1982 has led to a period of relative stability in the law of the sea. However, especially in recent times there have also been calls to amend the Convention because of supposed shortcomings. Renegotiation of the Convention in all probability would be a time consuming process, the outcome of which is highly uncertain. Such a process would almost certainly negatively impact upon international cooperation in the management of ocean space as it is bound to lead to uncertainty and conflict over the applicable legal regime.This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention. Issues reviewed are: the question to what extent the Convention provides a ‘constitution for the oceans'; the roles of the UN General Assembly and the Meeting of States Parties to the Convention in reviewing its implementation; the impact of state practice on the Convention and vice versa; and the significance of the formal amendment procedures and other mechanisms to adapt the Convention to changed circumstances.

The economic health of the global economy is directly tied to international energy policies, and none are more important than those of Russia, which is now the world's largest petroleum export nation. At the same time, oil and gas are finite resources and new sources of supply must be found. It is certain that the Arctic will be one of the areas of greatest interest. Wherever the energy resource originates, the law of the sea regime will be critical in the movement from source to market. Thus, this book on International Energy Policy, the Arctic and the Law of the Sea is especially timely. The content is based on presentations made in St. Petersburg, Russia in June, 2004. The perspectives of Russia, China and the United States are discussed in depth by some of the world's foremost authorities. The special significance of the Caspian Sea routes for export and the consequences of the opening of a Northwest Passage due to global warming are among the unique issues covered in this volume.

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. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials.'Bringing new law to ocean waters” --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.