Regime Interaction In Ocean Governance

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Regime Interaction in Ocean Governance

Author : Seline Trevisanut,Nikolaos Giannopoulos,Rozemarijn Roland Holst
Publisher : BRILL
Page : 252 pages
File Size : 50,6 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789004422100

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Regime Interaction in Ocean Governance by Seline Trevisanut,Nikolaos Giannopoulos,Rozemarijn Roland Holst Pdf

Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.

Regime Interaction in Ocean Governance

Author : Seline Trevisanut,Nikolaos Giannopoulos,Rozemarijn Roland Holst
Publisher : Publications on Ocean Developm
Page : 238 pages
File Size : 43,6 Mb
Release : 2020
Category : Law
ISBN : 9004422099

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Regime Interaction in Ocean Governance by Seline Trevisanut,Nikolaos Giannopoulos,Rozemarijn Roland Holst Pdf

"A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from"--

Ocean Governance

Author : Yen-Chiang Chang
Publisher : Springer Science & Business Media
Page : 125 pages
File Size : 49,9 Mb
Release : 2011-11-15
Category : Science
ISBN : 9400727623

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Ocean Governance by Yen-Chiang Chang Pdf

Ocean—a source of life, has been overused and heavily polluted. While the traditional approaches might not be able to solve the complexity of the ocean governance issues, there is a need to adopt a new way of thinking in order to deal with the current problems. This book emphasises the importance of law and policy while generating ocean governance initiatives. “Good Ocean Governance” as a new way of thinking, needs to be supported by legislation and decision makers. It is, therefore, necessary to examine whether the idea of good ocean governance exists within the international legal system and is subsequently subject to transfer into the domestic law. During this transaction process, a number of examples provided from the United States, Canada and Australia help to demonstrate the broad picture. Also included are discussions on the governance of marine resources, ship recycling and marine pollution, the impact of maritime clusters as well as social and culture impact of ports. The ultimate aim of this book is to tease out more new ideas and discussions on ocean governance issues.

Regime Interaction in International Law

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139504935

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Regime Interaction in International Law by Margaret A. Young Pdf

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

A Dual Approach to Ocean Governance

Author : Yoshifumi Tanaka
Publisher : Routledge
Page : 315 pages
File Size : 46,7 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317188315

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A Dual Approach to Ocean Governance by Yoshifumi Tanaka Pdf

Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

The IMLI Treatise On Global Ocean Governance

Author : David M Ong,Dino Kritsiotis
Publisher : Oxford University Press
Page : 464 pages
File Size : 54,7 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192557476

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The IMLI Treatise On Global Ocean Governance by David M Ong,Dino Kritsiotis Pdf

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.

Towards Principled Oceans Governance

Author : Donald R. Rothwell,David L. VanderZwaag
Publisher : Routledge
Page : 400 pages
File Size : 43,9 Mb
Release : 2006-09-27
Category : Law
ISBN : 9781134175871

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Towards Principled Oceans Governance by Donald R. Rothwell,David L. VanderZwaag Pdf

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations. This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of interest to all academics involved with maritime studies and international law.

International Law and Marine Areas beyond National Jurisdiction

Author : Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen
Publisher : BRILL
Page : 469 pages
File Size : 53,6 Mb
Release : 2022-01-31
Category : Law
ISBN : 9789004506367

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International Law and Marine Areas beyond National Jurisdiction by Vito De Lucia,Alex Oude Elferink,Lan Ngoc Nguyen Pdf

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Global Challenges and the Law of the Sea

Author : Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen
Publisher : Springer Nature
Page : 473 pages
File Size : 42,9 Mb
Release : 2020-05-23
Category : Law
ISBN : 9783030426712

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Global Challenges and the Law of the Sea by Marta Chantal Ribeiro,Fernando Loureiro Bastos,Tore Henriksen Pdf

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

The IMLI Treatise On Global Ocean Governance

Author : Rosalie P Balkin,Donald W Greig
Publisher : Oxford University Press
Page : 400 pages
File Size : 49,9 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192557247

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The IMLI Treatise On Global Ocean Governance by Rosalie P Balkin,Donald W Greig Pdf

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. The volume examines how the IMO, with 171 Member States and 3 Associated Members, has and continues to promote the goals of safe, secure, sound, and efficient shipping on clean oceans. It studies the interface and interaction between UNCLOS and IMO instruments and how IMOs safety, security, and environmental protection conventions have contributed to global ocean governance, including the peaceful order of the polar regions.

Regions, Institutions, and Law of the Sea

Author : Harry N. Scheiber,Jin-Hyun Paik
Publisher : Martinus Nijhoff Publishers
Page : 569 pages
File Size : 43,6 Mb
Release : 2013-05-01
Category : Law
ISBN : 9789004220218

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Regions, Institutions, and Law of the Sea by Harry N. Scheiber,Jin-Hyun Paik Pdf

Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.

The Fragmentation of Global Climate Governance

Author : Harro van Asselt
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 42,8 Mb
Release : 2014-04-25
Category : Political Science
ISBN : 9781782544982

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The Fragmentation of Global Climate Governance by Harro van Asselt Pdf

The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, b

The Law of the Sea

Author : Nele Matz-Lück,Øystein Jensen,Elise Johansen
Publisher : Taylor & Francis
Page : 317 pages
File Size : 51,9 Mb
Release : 2022-09-19
Category : Law
ISBN : 9781000649222

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The Law of the Sea by Nele Matz-Lück,Øystein Jensen,Elise Johansen Pdf

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

Routledge Handbook of Marine Governance and Global Environmental Change

Author : Paul G. Harris
Publisher : Taylor & Francis
Page : 423 pages
File Size : 41,8 Mb
Release : 2022-06-15
Category : Nature
ISBN : 9781351369596

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Routledge Handbook of Marine Governance and Global Environmental Change by Paul G. Harris Pdf

This comprehensive handbook provides a detailed and unique overview of current thinking about marine governance in the context of global environmental change. Many of the most profound impacts of global environmental change, and climate change in particular, will occur in the oceans​. It is vital that we consider the​ role of marine​ governance in adapting to and mitigating these impacts. This comprehensive handbook provides a thorough review of current thinking about marine environmental governance, including law and policy, in the context of global environmental change. Initial chapters describe international law, regimes, and leadership in marine environmental governance, in the process considering how existing regimes for climate change and the oceans should and can be coordinated. This is followed by an exploration of the role of non-state actors, including scientists, nongovernmental organisations, and corporations. The next section includes a collection of chapters highlighting governance schemes in a variety of marine environments and regions, including coastlines, islands, coral reefs, the open ocean, and regional seas. Subsequent chapters examine emerging issues in marine governance, including plastic pollution, maritime transport, sustainable development, environmental justice, and human rights. Providing a definitive overview, the Routledge Handbook of Marine Governance and Global Environmental Change is suitable for advanced students in marine and environmental governance, ​environmental law and policy, and climate change, as well as practitioners, activists, stakeholders​, and others concerned about the world’s oceans and seas.

Research Handbook on Ocean Governance Law

Author : Simone Borg,Felicity G. Attard,Patricia M. Vella de Fremeaux
Publisher : Edward Elgar Publishing
Page : 487 pages
File Size : 42,8 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781839107696

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Research Handbook on Ocean Governance Law by Simone Borg,Felicity G. Attard,Patricia M. Vella de Fremeaux Pdf

This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.