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Vol 21 No 11 Nov/Dec 2016

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The Oxford Handbook of the Law of the Sea (eBook)


ISBN13: 9780191024658
Published: March 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £104.17 + £20.83 VAT
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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.

Subjects:
Public International Law, eBooks
Contents:
PART I: INTRODUCTION
1. Historical Development of the Law of the Sea
2. The 1982 United Nations Convention on the Law of the Sea

PART II: THE MARITIME DOMAIN: BOUNDARIES AND ZONES
3. Baselines
4. The Territorial Sea and Contiguous Zone
5. International Straits
6. Archipelagic Waters
7. The Exclusive Economic Zone
8. The Continental Shelf
9. The High Seas
10. The Deep Seabed
11. Maritime Boundary Delimitation

PART III: ACTORS AND INSTITUTIONS
12. Coastal and Port States
13. Flag States
14. Disadvantaged States
15. The United Nations
16. Law of the Sea Convention Institutions
17. Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals
18. The International Maritime Organization
19. Regional Fisheries Management Organisations

PART IV: CONTROL, MANAGEMENT AND REGULATION
20. Integrated Oceans Management
21. Marine Living Resource Management
22. Non-Living Resource Management
23. Navigational Rights and Freedoms
24. Marine Scientific Research
25. Maritime Security

PART V: DISTINCTIVE MARINE REGIONS
26. The Mediterranean Sea
27. The South China Sea
28. The North East Atlantic (North Sea, OSPAR area)
29. The Caribbean Sea
30. The Indian Ocean
31. The Polar Oceans

PART VI: CRITICAL CONTEMPORARY ISSUES
32. Creeping Jurisdiction
33. Areas Beyond National Jurisdiction
34. Climate Change and Ocean Acidification
35. Threatened Species and Vulnerable Marine Ecosystems
36. Bioprospecting
37. Piracy
38. Military Operations
39. Law of the Sea and Regime Interaction
40. The Future of the Law of the Sea