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Unconventional Lawmaking in the Law of the Sea

Edited by: Natalie Klein

ISBN13: 9780192897824
Published: April 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea.

This monograph brings together woman law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law.

The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

Subjects:
Public International Law
Contents:
Foreword
Judge Elsa Kelly
Preface
Natalie Klein
Part I - Introduction
1: Meaning, Scope, and Significance of Informal Lawmaking in the Law of the Sea
Natalie Klein
Part II - Maritime Security
2: The San Remo Manual on the Law of Naval Warfare - from Restatement to Development?
Judge Liesbeth Lijnzaad
3: Piracy off the Coast of Somalia and the Role of Informal Lawmaking
Ambassador Marie Jacobsson and Natalie Klein
4: Informal Lawmaking in Maritime Migration
Irini Papanicolopulu
5: Unconventional Lawmaking and International Cooperation on Illegal Bunkering at Sea
Yurika Ishii
Part III - Shipping
6: Unconventional Lawmaking in the Compliance Mechanism for the International Regulation of Shipping
Zhen Sun
7: Unconventional Law for Unconventional Ships? The Role of Informal Law in the International Maritime Organization's Quest to Regulate Maritime Autonomous Surface Ships
Anna Petrig
8: The Use of Informal Agreements to Enhance Navigational Safety
Natalie Klein
Part IV - Marine Resources, Research, and Technology
9: Unconventional Lawmaking in the Offshore Energy Sector: Flexibilities and Weaknesses of the International Legal Framework
Seline Trevisanut
10: Formal and Informal Lawmaking by the International Seabed Authority: An Artificial Distinction?
Tara Davenport
11: The Significance of Informal Lawmaking in International Fisheries Law
Zoe Scanlon
12: Marine Scientific Research and Informal Lawmaking
Chie Kojima
13: The Role of Informal Lawmaking in Facilitating Marine Technology Transfer and Data Sharing
Erika Techera
Part V - Marine Environment
14: The Sustainable Development Goals and Informal Lawmaking Processes: How a Voluntary Initiative Sets International Standards for Governments and the Private Sector
Anastasia Telesetsky
15: Informal International Lawmaking as a Panacea in the Absence of Regime Focus? Marine Debris, Plastics, and Microplastics
Rosemary Rayfuse
16: Unconventional Lawmaking in the Law of the Sea and Area-based Conservation Measures
Karen Scott
17: Sea-Level Rise and the Law of the Sea: Filling the Legal Gaps through Informal Lawmaking
Nilüfer Oral and Tutku Bektas
Part VI - Conclusion
18: Informal Lawmaking and the Future of the Law of the Sea: Developing Legal Infrastructure and Regulating Human Activity
Ellen Hey