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The Art and Craft of Judgment-Writing: A Primer for Common Law Judges

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 P. M. Callow


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 Keith Pugsley, Ken Miles


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The Only Flag Worth Flying: Direct Action and the Enforcement of International Marine Conservation Law


ISBN13: 9781032864570
To be Published: December 2025
Publisher: CRC Press
Country of Publication: USA
Format: Paperback
Price: £44.99



The subject of international environmental law is fraught with debate over its legitimacy and efficacy. If laws without enforcement are merely good advice, then how can the environment be meaningfully protected by international legal institutions? This book examines that question through the lens of marine conservation, focusing on the Sea Shepherd Conservation Society (SSCS) and the Captain Paul Watson Foundation (CPWF) as non-state actors intervening directly to enforce international marine conservation laws.

The book unfolds in three parts, moving from Soundings, which explores the legal and historical foundations of marine conservation law, to Currents, which traces the emergence of direct-action enforcement and its necessity in instances where states lack the means, will, or jurisdiction to act, and finally to Horizons, which looks ahead to the emerging landscape of ocean governance beyond the state. In these later chapters, the book examines the increasing criminalisation of environmental activism, the rise of Indigenous-led and decentralised enforcement models, and the plural legal imaginaries reshaping what legitimacy might mean in a post-sovereign world.

Grounded in bio- and ecocentric legal theory, and drawing on legal analysis, political critique, and detailed campaign case studies, the book challenges the assumption that enforcement is the sole domain of the nation-state. Instead, it argues that legitimacy may derive not from formal authority, but from the courage to uphold laws that institutions have abandoned. In doing so, this book reframes direct action as being essential to the law’s integrity: the upholding of a shared responsibility to conserve our oceans. For when legality becomes illusion, resistance may be the most just act of all. In this sea of fallen standards, the pirate flag may be the only one worth flying.

Subjects:
Environmental Law
Contents:
Abstract
Preface
Dedication
Foreword by Captain Paul Watson
Acknowledgments
List of Abbreviations

Chapter 1: Introduction
Section 1.1: Motivation, Contribution, and Imperative
Section 1.2: Methods and Frameworks
Section 1.3: Outline and Direction

Part I: Soundings: Charting the Historical and Legal Foundations of Marine Conservation
Chapter 2: The Nature and Foundations of Public International Law
Section 2.1: The Key Sources of International Law
Section 2.2: The Central Actors in International Law
Section 2.3: The Inherent Challenges of International Law

Chapter 3: The Inception and Development of International Conservation Law
Section 3.1: The Foundations and Purpose of Wildlife Conservation Law
Section 3.2: The Evolution of International Conservation Law
Section 3.3: Core Obstacles in International Conservation Law

Part II: Currents: Exploring the Force and Protection of Direct Action
Chapter 4: The Ethical, Tactical, and Legal Approaches of Marine Direct-Action Organisations
Section 4.1: Approaches to Environmentalism – Mainstream Advocacy vs. Radical Action
Section 4.2: Critical Dimensions of Direct Action – Ethical Tensions, Legal Boundaries, and the Question of Legitimacy
Section 4.3: Strategies of Marine Direct Action – The Sea Shepherd Movement in Focus
Section 4.4: Non-State Actors and International Law – Aligning Advocacy with Legal Norms

Chapter 5: The Role and Authority of Non-State Actors in Marine Conservation Enforcement
Section 5.1: Acting When States Lack Means – Non-State Actors as Quasi-State Enforcers in Territorial Waters
Section 5.2: Acting When States Lack Political Will – Non-State Actors as Enforcers of International Conservation Treaties
Section 5.3: Acting When States Lack Jurisdiction – Non-State Actors as an International Police Force on the High Seas

Part III: Horizons: Navigating the Future of Ocean Governance Beyond the State
Chapter 6: The Evolution and Emerging Challenges of Marine Conservation Groups
Section 6.1: The Detention of Paul Watson – A Flashpoint in the Law and Politics of Non-State Enforcement
Section 6.2: Direct Action in a Restrictive Landscape – Navigating Legal and Diplomatic Barriers
Section 6.3: The Evolution of Direct Action NGOs – From Confrontation to Collaboration

Chapter 7: The Expanding Influence of Non-State Actors in Marine Governance
Section 7.1: Reclaiming Stewardship, Sovereignty, and Self-Determination – The Role of Indigenous Governance in Marine Conservation
Section 7.2: From Marketisation to Localisation – The Growing Influence of Private and Community-Led Marine Conservation
Section 7.3: The Shifting Tides of Marine Protection – The Diminishing Relevance of the Nation-State

Chapter 8: Conclusion
Section 8.1: Summary
Section 8.2: Remaining Questions/Limitations
Section 8.3: Final Thoughts
Works Cited