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Legal Order in the World's Oceans: UN Convention on The Law of the Sea

Edited by: Myron H. Nordquist, John Norton Moore, Ronan Long

ISBN13: 9789004352537
Published: November 2017
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £160.00



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Legal Order in the World’s Oceans: UN Convention on The Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea.

The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans.

The comprehensive scope of this inquiry is presented in six parts. The topics are:-

  • Ocean Affairs and the Law of the Sea at the United Nations;
  • the Area and the International Seabed Authority;
  • the International Tribunal for the Law of the Sea and Dispute Settlement;
  • the Commission on the Limits of the Continental Shelf;
  • Sustainable Fisheries, including the UN Fish Stocks Agreement;
  • and Operational Implementation—Maritime Compliance and Enforcement.

Subjects:
Public International Law
Contents:
Preface
Jan Eliasson
Acknowledgements
Introduction
Part: Featured Studies
The United Nations Convention on the Law of the Sea: One of the Greatest Achievements in the International Rule of Law
John Norton Moore
Part 1: Ocean Affairs and the Law of the Sea at the un
1. Evolutionary Character of International and European Law: Linking Sustainability with Environmental Responsibility and Marine Ecosystem Restoration under the European Union’s Ocean Governance Agenda
Ronán Long
2. The Common Heritage of Mankind in the Proposed Implementing Agreement
Dire Tladi
3. Update on the bbnj Negotiations
J. Ashley Roach
4. Climate Change and the Oceans: Navigating Legal Orders
Karen N. Scott
Part 2: The Area and the International Seabed Authority
5. Exploration and Exploitation of Ocean Mineral Resources: The Role of Sponsoring States
Rena Lee
6. unclos Article 82: A Review and the Hurdles to Implementation
Wylie Spicer, Q.C. and Elizabeth McIsaac
7. Fostering Technological Change for Sustainable Harvesting of Ocean Mineral Resources in a Volatile Global Environment
Kris Van Nijen
Part 3: The International Tribunal for the Law of the Sea
8. itlos at Twenty: Reflections on Its Contribution to Dispute Settlement and the Rule of Law at Sea
Jin-Hyun Paik
9. The Seabed Disputes Chamber: Moving Forward
Frida M. Armas-Pfirter
10. Maritime Boundary Disputes and Compulsory Dispute Settlement: Recent Developments and Unresolved Issues
Robert Beckman and Christine Sim
Part 4: The Commission on the Limits of the Continental Shelf
11. Setting the Context: The Scientific Aspects of Article 76
Larry Mayer and David Mosher
12. Towards Establishing a Stable Regime for Seabed Jurisdiction: The Role of the Commission
Harald Brekke
13. Revisiting the Commission on the Limits of the Continental Shelf: “A Technical Body in a Political World”
Ted L. McDorman
14. Paragraph 5(a) of Annex i to the Rules of Procedure of the Commission on the Limits of the Continental Shelf: Solution to a Problem or Problem without a Solution?
Alex Oude Elferink
Part 5: Sustainable Fisheries, Including UN Fish Stocks Agreement
15. Sustainable Fisheries: The Legal Regime of the 1995 United Nations Fish Stocks Agreement and Its Contribution to Subsequent Developments Promoting Sustainable Fisheries
André Tahindro
16. Ocean Governance for Sustainable Fisheries
Stefaan Depypere
17. The Importance of Marine Science in Sustainable Fisheries: The Role of the 1995 un Fish Stocks Agreement
Alf Håkon Hoel
Part 6: Operational Implementation: Maritime Compliance and Enforcement
18. Achieving Global Maritime Compliance through Regional Cooperation
Admiral Charles D. Michel and Commander Scott Herman
19. Turkey’s Maritime Compliance and Enforcement of International Law of the Sea, Particularly Irregular Migration in the Aegean Sea Region
Hakan Karan
20. Operating Unmanned Surface Vessels at Sea: Is International Law Ready for the Future?
Anthony Morrison and Stuart Kaye
21. China’s Maritime Law Enforcement Practice in the South China Sea: Challenges and Prospects
Wu Shicun
Index