Science Technology And New Challenges To Ocean Law
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Science, Technology, and New Challenges to Ocean Law by Harry N. Scheiber,James Kraska,Moon-Sang Kwon Pdf
Sixteen authoritative yet eminently readable chapters offer analyses of major issues in the interfaces of science, technology, and law for the oceans. This volume fills an important gap both in the existing literature on law of the sea and in the more comprehensive field of ocean resource-use studies.
Ocean Law Debates by Harry N. Scheiber,Nilufer Oral,Moon-Sang Kwon Pdf
Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead offers historical perspectives on the ocean-law debates of the 1960s and after, leading to the signing of UNCLOS in 1982, along with perceptive analyses of various key current-day issues, including climate change, biodiversity in the Area Beyond National Jurisdiction, seabed mining, genetic prospecting, and the geopolitics of Marine Protected Areas.
Emerging Technology and the Law of the Sea by James Kraska,Young-Kil Park Pdf
Autonomous vessels and robotics, artificial Intelligence and cybersecurity are transforming international shipping and naval operations. Likewise, blockchain offers new efficiencies for compliance with international shipping records, while renewable energy from currents and waves and offshore nuclear power stations open opportunities for new sources of power within and from the sea. These and other emerging technologies pose a challenge for the governance framework of the law of the sea, which is adapting to accommodate the accelerating rates of global change. This volume examines how the latest technological advances and marine sciences are reshaping the interpretation and application of the law of the sea. The authors explore the legality of new concepts for military operations on the continental shelf, suggest remote sensing methodologies for delimitation of maritime boundaries, and offer a legal roadmap for ensuring maritime cyber security.
Research Handbook on International Marine Environmental Law by Rosemary Rayfuse,Aline Jaeckel,Natalie Klein Pdf
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Marine Biodiversity of Areas beyond National Jurisdiction by Myron H. Nordquist,Ronán Long Pdf
Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.
Law, Technology and Science for Oceans in Globalisation by Davor Vidas Pdf
This book addresses emerging challenges for the World Ocean in the Anthropocene epoch, exploring issues of illegal, unreported and unregulated fishing, illegal oil spills from ships, marine genetic resources and bioprospecting, and the continental shelf beyond 200 nautical miles.
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.
Submarine Cables Protection and Regulations by Utpal Kumar Raha,Raju K. D. Pdf
This book highlights the critical importance of laying, quick relinking, and protecting submarine cables with timely approval for carriers and cable repairing ships and how these are most challenging in many jurisdictions. It identifies that a dedicated national instrument on submarine cable as a way forward is yet to be appreciated by many States, and presently, there is no model legal framework for national instruments on submarine cables available. To bridge these gaps, the book undertakes a systematic inquiry and analysis of submarine cable regimes' and relevant authorities. It consults existing knowledge on international law on cables and analyzes specific principles and provisions on laying repair and maintenance of submarine cables and states’ obligations towards protecting cables from vulnerabilities. It touches upon cable regulation in the deep sea concerning the International Seabed Authority and proposed biodiversity agreement. It indicates suitable measures on cable laying, etc., and security risks in the marine space beyond the national jurisdictions. To map States’ response, it explores the domestic cable regimes, including both the selected jurisdictions and Australia and New Zealand, analyses specific legal provisions and institutional set-up, and demonstrates state practices, approaches, and loopholes in the governance of the cable system within national jurisdictions. The book suggests adopting the spatial ocean management approach, dedicated regulatory authority, a competent enforcement agency, strict liability with exemplary punishment on cable damage, and the cable system to strengthen the cable system's management. Finally, it arranges the fundamental premises of a common minimum framework for national instruments seeking coastal states’ deliberations in implementing initiatives towards a robust law and policy for reliability, resiliency, and security of the cable system. The cable industries, pipeline, fishing, shipping industries, academicians, government authorities, international bodies, and the maritime community worldwide are looking at the issues and challenges of submarine cable regimes, particularly national regimes and suggestive remedial measures. These stakeholders will find the book a useful reference.
Author : Patrick Henri Ghislain Vrancken Publisher : Taylor & Francis Page : 246 pages File Size : 50,5 Mb Release : 2023-06-27 Category : Law ISBN : 9781000901306
State Ocean Jurisdiction by Patrick Henri Ghislain Vrancken Pdf
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
The Future of the Law of the Sea by Gemma Andreone Pdf
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Global Governance and the International Law of the Sea by Shani Friedman Pdf
This book conducts an examination of the international legal regime of the continental shelf through the lens of international relations (IR), with a primary focus on global governance theory. Presenting a new perspective within the field of IR and international law, the book offers new insights into the rules, principles, practices, and actors that establish and govern social interactions and the management of common affairs at the transnational level. The governance framework within the continental shelf can encompass a wider scope than legal laws alone, incorporating informal rules or potentially disregarding formal “black letter” rules that may not be effectively applied in practice. To exemplify how governance theory and other IR theories contribute to the analysis of the legal regime concerning the continental shelf, the book conducts an in-depth examination of three significant issues: (i) the demarcation and delimitation of the continental shelf, (ii) the rights and obligations of coastal States in the continental shelf, and (iii) procedural matters related to the continental shelf and international maritime adjudication. This book will be of interest to students and scholars in the field of the law of the sea, international law, global governance, and international relations.
New Knowledge and Changing Circumstances in the Law of the Sea by Tomas Heidar Pdf
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
An eyewitness to profound change affecting marine environments on the Newfoundland coast, Antony Adler argues that the history of our relationship with the ocean lies as much in what we imagine as in what we discover. We have long been fascinated with the oceans, seeking “to pierce the profundity” of their depths. In studying the history of marine science, we also learn about ourselves. Neptune’s Laboratory explores the ways in which scientists, politicians, and the public have invoked ocean environments in imagining the fate of humanity and of the planet—conjuring ideal-world fantasies alongside fears of our species’ weakness and ultimate demise. Oceans gained new prominence in the public imagination in the early nineteenth century as scientists plumbed the depths and marine fisheries were industrialized. Concerns that fish stocks could be exhausted soon emerged. In Europe these fears gave rise to internationalist aspirations, as scientists sought to conduct research on an oceanwide scale and nations worked together to protect their fisheries. The internationalist program for marine research waned during World War I, only to be revived in the interwar period and again in the 1960s. During the Cold War, oceans were variously recast as battlefields, post-apocalyptic living spaces, and utopian frontiers. The ocean today has become a site of continuous observation and experiment, as probes ride the ocean currents and autonomous and remotely operated vehicles peer into the abyss. Embracing our fears, fantasies, and scientific investigations, Antony Adler tells the story of our relationship with the seas.
Studies in Law, Politics, and Society by Austin Sarat Pdf
This volume of Studies in Law, Politics and Society examines the contribution of ethnography to our understanding of contemporary legal and political phenomena, with a particular focus on how it enables us to make sense of modern life under conditions of post-colonialism and globalization.
Sustainable Ocean Resource Governance by Markus Kotzur,Nele Matz-Lück,Alexander Proelss,Roda Verheyen,Joachim Sanden Pdf
Sustainable Ocean Resource Governance offers perspectives on the legal interface between sustainable economic growth, effective marine resource management and environmental protection of the sea.