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Vol 21 No 11 Nov/Dec 2016

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Order for the Oceans at the Turn of the Century

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ISBN13: 9789041111722
ISBN: 9041111727
Published: April 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



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This report on ocean law and politics has been written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, this study assesses where we have been going in the 1990s and charts the way ahead. Implentation of the Convention - from the perspective of interaction of politics and law - is the unifying theme. Under this, three basic aspects have emerged as crucial during the 1990s: (1) evolution of new regimes; (2) institutionalisation; and (3) new patterns of participation. These are explored systematically in sections on the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the impl ementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).

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Contents:
Contemporary trends in ocean law and politics, D. Vidas, W. Ostreng. Part I the Convention and the implementing agreements: an introduction to the 1982 United Nations Convention on the Law of the Sea, S.N. Nandan; the 1994 agreement relating to the implementation of Part XI of the UN Convention on the Law of the Sea, B.H. Oxman; The 1995 UN Fish Stocks Agreement and the Law of the Sea, M. Hayashi. Part II implementation through international institutions: implementation of the Law of the Sea Convention through its institutions - an overview, A.G. Koroma; legislative and executive powers of the International Seabed Authority for the implementation of the Law of the Sea Convention, S.N. Nandan; the role of peaceful dispute settlement in contemporary ocean policy and law, Th.A. Mensah; possible role of the International Tribunal for the Law of the Sea in interpretation and progressive development of the Law of the Sea, B. Vukas; impact of arbitration established under Annex VII on the Implementation of the Law of the Sea Convention, R. Platzoder; technical problems for the Commission on the Limits of the Continental Shelf, G.P. Francalanci; interrelation of the institutions under the Law of the Sea Convention with other international institutions, V. Golitsyn. Part III interaction with other regimes: comparing global perspectives - the 1982 UNCLOS and the 1992 UNCED, R. Falk, H. Elver; governance of high seas fisheries - the role of regime linkages, O.S. Stokke; marine pollution from land-based activities - legal regimes and management frameworks, A. Chircop; the Biodiversity Convention and access to marine genetic resources in ocean law, H.N. Scheiber; small island states of the South Pacific - regional seas and global responsibilities, R.A. Herr; the International Whaling Regime - order at the turn of the century?, S. Andresen. Part IV interaction with regimes for Polar Regions: regionalism and Arctic marine environmental protection - drifting between blurry boundaries and hazy horizons, D. VanderZwaag; Northwest Passage in transit, F. Griffiths; the military impact on regime formation for the Northern sea route, D. Brubaker, W. Ostreng; the Southern Ocean seabed - arena for conflicting regimes?, D. Vidas. Part V levels of implementation: levels of implementation of the Law of the Sea Convention - an overview; R.R. Churchill; implementation of international regimes - a typology, E.L. Miles; oversight of the Implementation of the Global Ocean Regime - the role of the United Nations, H. Corell; global international organisations and the implementation of the Law of the Sea Convention, G. Kullenberg; regional organisations - the European Community and the Law of the Sea Convention, C. Nordman(part contents)