Eu Biodiversity Law: Wild Birds and Habitats Directives

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Publisher :
ISBN 13 : 9789462512344
Total Pages : 398 pages
Book Rating : 4.5/5 (123 download)

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Book Synopsis Eu Biodiversity Law: Wild Birds and Habitats Directives by : Agustín García Ureta

Download or read book Eu Biodiversity Law: Wild Birds and Habitats Directives written by Agustín García Ureta and published by . This book was released on 2020-12-28 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of biodiversity is one of the most important challenges of contemporary societies. Indeed, as scientists have noted, there is a clear decline in habitats and ecosystems and a rate of species disappearance that has not occurred until now. Climate change and the entry into a new era called "the Anthropocene" are already bringing deep changes in ecosystems, habitats, and species. The European Union (EU) adopted in 1979 the directive on the conservation of wild birds and in 1992 the directive on habitats reinforcing its commitment to protect these and different species of fauna and flora under the umbrella of the Natura 2000 network. The EU is also a Party to several international biodiversity conventions. These regulations have given rise to a significant number of judgments by the EU Court of Justice interpreting the strict obligations that fall on the authorities of the Member States. However, these rulings evince that the objectives to "halt" biodiversity decline or to bring nature "back into our lives" as now expressed in the EU Biodiversity Strategy for 2030 still require further efforts to achieve them. This book provides a legally rigorous analysis of EU biodiver

EU Biodiversity Law: Wild birds and habitat directives

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Publisher :
ISBN 13 : 9789462512382
Total Pages : pages
Book Rating : 4.5/5 (123 download)

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Book Synopsis EU Biodiversity Law: Wild birds and habitat directives by : Agustín García Ureta

Download or read book EU Biodiversity Law: Wild birds and habitat directives written by Agustín García Ureta and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Union Case Law on the Birds and Habitats Directives

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525673
Total Pages : 461 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Union Case Law on the Birds and Habitats Directives by : Nina Claudia Miron

Download or read book European Union Case Law on the Birds and Habitats Directives written by Nina Claudia Miron and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy and Environmental Law and Policy Series Despite the remarkable scope of EU conservation policy, and notwithstanding 30 years of relevant case law, nature in the EU continues to decline. This comprehensive book, focusing on the EU’s core legislation on nature, the Birds and Habitats Directives, presents a detailed summary and analysis of the two directives as interpreted by the Court of Justice of the European Union. The book’s systematic structure provides the crucial details of a large body of cases decided by the Court following legal actions taken by the European Commission or preliminary references submitted by national courts. It enables a clear procedural understanding of how nature cases are brought before the Court and how the Court approaches matters such as the burden of proof and the entitlement of environmental associations to litigate disputes. Among the salient areas of analysis are the following: the requirements for including sites within Natura 2000, the largest network of protected nature areas in the world; the obligations to conserve Natura 2000 sites and protect them from damage, including through procedural and substantive assessment requirements for plans and projects; requirements concerning unlawful or illegal activities; the strict protection requirements that apply to wild birds and other species, together with related derogation provisions; requirements to protect habitats in the wider countryside and interlinkages between the nature directives and directives on impact assessment, water, and environmental liability; challenges addressed or influenced by the Court, such as defects in Member State transposition, problems of monitoring and enforcing compliance, and dealing with harmful and benign subsidies; procedures used to bring cases to the Court, including direct actions by the Commission and preliminary references from national courts. According to the 2020 Global Risk Report of the World Economic Forum, biodiversity loss will be one of the biggest threats facing humanity in the next ten years. If nature is to have any hope of recovering and prospering, strict application of existing nature conservation rules is of utmost importance, especially as a recent evaluation shows that, although the EU nature directives are fit for purpose, implementation on the ground is lagging behind. By setting out the case law systematically and explaining what compliance with specific requirements entails, this book makes a signal contribution to nature conservation practice. Lawyers, policymakers, and NGOs working in the domain of nature conservation will greatly benefit.

Nature Law and Policy in Europe

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Publisher : Taylor & Francis
ISBN 13 : 1000861546
Total Pages : 260 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Nature Law and Policy in Europe by : Andrew L. R. Jackson

Download or read book Nature Law and Policy in Europe written by Andrew L. R. Jackson and published by Taylor & Francis. This book was released on 2023-04-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers current and future challenges for nature law and policy in Europe. Following the Fitness Check evaluation of the Birds and Habitats Directives, in 2017 the EU adopted an Action Plan for nature, people and the economy to rapidly improve the Directives’ implementation and accelerate progress towards the EU's biodiversity targets for 2020. More recently, the EU has adopted a Biodiversity Strategy for 2030 and proposed an EU Nature Restoration Law. This book makes a timely contribution by examining the current state of play in light of recent and historical developments, as well as the post-2020 nature law and policy landscape. While evidence suggests that Natura 2000 and the Habitats and Birds Directives have delivered conservation benefits for wildlife in Europe, biodiversity loss continues apace. The book reviews the requirements for an effective international nature conservation system, with reference to the Birds and Habitats Directives. It examines regulatory regimes, current legal issues in the fields of site protection and species protection, the protection of areas outside Natura 2000, recent developments in the EU and the UK, including the implications of Brexit, agriculture and nature conservation, litigation, science and access to justice. Written by leading experts in the field, from a range of stakeholder groups, the volume draws on diverse experiences as well as providing interdisciplinary perspectives. This volume will be essential reading for students, scholars, practitioners, NGOs and policy-makers interested in European environmental policy and law, including for example lawyers, ecologists, environmental scientists, political scientists, natural resource managers, planners and civil servants.

The Habitats Directive in its EU Environmental Law Context

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Author :
Publisher : Routledge
ISBN 13 : 1317693043
Total Pages : 529 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Habitats Directive in its EU Environmental Law Context by : Charles-Hubert Born

Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.

The EU Birds and Habitats Directives

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Publisher :
ISBN 13 : 9789279405853
Total Pages : 35 pages
Book Rating : 4.4/5 (58 download)

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Book Synopsis The EU Birds and Habitats Directives by : Kerstin Sundseth

Download or read book The EU Birds and Habitats Directives written by Kerstin Sundseth and published by . This book was released on 2014 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birds and Habitats Directives support the principle of sustainable development and integrated management. Their aim is not to exclude socio-economic activities from Natura 2000 sites, but rather to find ways for these to operate in a way that also safeguards and supports the valuable species and habitats present, and maintains the overall health of natural ecosystems for the benefit of society as a whole.

European Regional Approaches to the Transboundary Conservation of Biodiversity

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis European Regional Approaches to the Transboundary Conservation of Biodiversity by : Arie Trouwborst

Download or read book European Regional Approaches to the Transboundary Conservation of Biodiversity written by Arie Trouwborst and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, species and ecosystems struggle to cope with severe human pressures in heavily fragmented landscapes extending across a large number of comparatively small states. This makes the conservation of European biodiversity a challenging enterprise, and the need for transboundary cooperation particularly great. This chapter introduces and analyzes the two principal international legal regimes aimed at the conservation of biological diversity in Europe at a transboundary level. The first of these is the Council of Europe's Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) of 1979. The second regime is composed by two legal instruments of the European Union (EU), the Directive on the Conservation of Wild Birds (Birds Directive) of 1979 and the Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive) of 1992. Particular emphasis is given to those features which set these instruments apart from other global and regional nature conservation regimes.

Conserving Europe's Wildlife

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Publisher : Routledge
ISBN 13 : 1315471191
Total Pages : 538 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Conserving Europe's Wildlife by : Andrew L.R. Jackson

Download or read book Conserving Europe's Wildlife written by Andrew L.R. Jackson and published by Routledge. This book was released on 2018-03-28 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natura 2000 network of protected areas is the centrepiece of European Union nature policy, currently covering almost one-fifth of the EU’s entire land territory plus large marine areas. This vast EU-wide network, which aims to conserve Europe’s most valuable and threatened species and habitats, has major impacts on land use throughout all Member States of the EU. This book critically assesses the origins and implementation of the Natura 2000 network, established under the Birds Directive of 1979 and the Habitats Directive of 1992. Based on original archival research and interviews with key participants, the book records a detailed history of the origins and negotiation of Natura 2000 policy and law, with the history of EU environmental policy provided as a framework. An historical institutionalist approach is adopted, which emphasises the importance of understanding legal and policy development as processes that unfold over time. Three phases in the history of EU environmental policy are identified and described, and the history of EU nature policy is placed within the context of these three phases. Informed by this history, the author presents a comprehensive summary and assessment of the law and policy that protects Natura 2000 sites at EU level, and reviews the nature conservation outcomes for the targeted species and habitats. The book reveals how a knowledge of the history of Natura 2000 enriches our understanding of key issues such as conflicts in establishing and conserving the Natura 2000 network, EU integration in the field of nature conservation, and the future of EU nature policy.

Wildlife Law

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Publisher : The Stationery Office
ISBN 13 : 9780118405348
Total Pages : 194 pages
Book Rating : 4.4/5 (53 download)

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Book Synopsis Wildlife Law by : Great Britain: Law Commission

Download or read book Wildlife Law written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2012-08-14 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current law regulating wildlife is spread over a collection of Acts dating back to 1831. The original purpose of much of the law was to govern activities such as hunting and fishing, including poaching. Over the years it has expanded to conserve certain species, ensure the welfare of wildlife and protect local biodiversity from invasive species. The result is a legal landscape that is out of date, confused and often contradictory. Much of the older legislation is out of step with modern requirements, and the principal modern Act - the Wildlife and Countryside Act 1981 - has been amended to such a degree that it is difficult for any non-specialists to use. The Commission's proposals in this consultation aim to simplify the existing complex framework, introducing a single statute which covers the species-specific law on the conservation, protection and exploitation of wildlife. The new regime would reduce the current dependency on criminal law, by allowing an appropriate mix of regulatory measures such as guidance, advice and a varied and flexible system of civil sanctions - such as fines and bans. The Commission also suggests that the introduction of statutory factors could play a role in ensuring transparent decision-making and improve the engagement of those representing competing interests. Factors would include: (1) conservation of the species about which the decision is concerned; (2) preservation and conservation of biodiversity; (3) economic implications; (4) wider social factors; and (5) the welfare of those animals potentially affected by the decision

The Network of Special Protection Areas

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Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Network of Special Protection Areas by : European Environment Agency

Download or read book The Network of Special Protection Areas written by European Environment Agency and published by . This book was released on 2005 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conserving European Biodiversity in a Changing Climate

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Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Conserving European Biodiversity in a Changing Climate by : Arie Trouwborst

Download or read book Conserving European Biodiversity in a Changing Climate written by Arie Trouwborst and published by . This book was released on 2015 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article reviews the Bern Convention on the Conservation of European Wildlife and Natural Habitats and the European Union's Wild Birds and Habitats Directives from the perspective of the need to help nature adapt to climate change in order to attain biodiversity conservation goals. It concludes that even though none of the three instruments explicitly state this, both the Bern Convention and the EU directives currently subject Member States to legal obligations to take the measures necessary to facilitate the adaptation of biodiversity in Europe to climate change. These measures include the restoration and protection of robust populations and habitats, as well as the establishment of adequate connectivity in order to enable recovery of populations following climate-related impacts and to enable climate-induced range shifts.

The Habitats Directive in its EU Environmental Law Context

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Publisher : Routledge
ISBN 13 : 1317693035
Total Pages : 577 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis The Habitats Directive in its EU Environmental Law Context by : Charles-Hubert Born

Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.

The State of Nature in the EU

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Author :
Publisher :
ISBN 13 : 9789276227847
Total Pages : pages
Book Rating : 4.2/5 (278 download)

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Book Synopsis The State of Nature in the EU by :

Download or read book The State of Nature in the EU written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Birds and Habitats Directives are the cornerstones of the EU's biodiversity policy. Together, they protect all 460 wild bird species naturally occurring in the EU and a further 1400 other rare, endangered or vulnerable species, as well as 233 characteristic habitat types. The overall objective is to ensure that these species and habitats are restored to, or maintained at, a favourable conservation status across their entire natural range within the EU. This requires more than just halting their further decline or disappearance; measures must also be taken to ensure they recover sufficiently to remain healthy over the long term. This can only be achieved if all EU Member States work together. Every six years, Member States are asked to report back to the European Commission on the conservation status of those EU-protected species and habitats present on their territory. The Commission then pools all the data together, with the help of the European Environment Agency, in order to see how well they are faring across the EU. Published in October 2020, the 'State of Nature in the European Union' report presents the results of the 3rd reporting cycle for the period 2013-2018. This brochure summarises its key findings.

Mapping Ecosystem Services

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Publisher :
ISBN 13 : 9789546428523
Total Pages : 0 pages
Book Rating : 4.4/5 (285 download)

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Book Synopsis Mapping Ecosystem Services by : Benjamin Burkhard

Download or read book Mapping Ecosystem Services written by Benjamin Burkhard and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The new book Mapping Ecosystem Services provides a comprehensive collection of theories, methods and practical applications of ecosystem services (ES) mapping, for the first time bringing together valuable knowledge and techniques from leading international experts in the field." (www.eurekalert.org).

Wildlife Conservation and Protected Areas

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Wildlife Conservation and Protected Areas by : Geoffrey Wandesforde-Smith

Download or read book Wildlife Conservation and Protected Areas written by Geoffrey Wandesforde-Smith and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attentive students of international wildlife law and policy will have noted that the Birds and Habitats Directives of the European Union (EU) have lost a great deal of their former luster. Not too very long ago, when Simon Lyster was compiling the first compendium of international wildlife law, the Birds Directive was the poster child of potentially effective international wildlife law and policy. Both it and the Habitats Directive, which came later but with which it is now usually bracketed, appeared to be toughly worded, mandatory rather than hortatory in the obligations they imposed on EU Member States, and equipped with explicit reporting and deadline requirements - the very models, in key respects, of effective international wildlife law. What happened? This paper reviews the argument that the Directives have fallen prey to the performance of failure. It then asks what might explain the reluctance of the British courts to quash major development projects on the basis of non-compliance with the Directives. It concludes that domestic courts, at least in Britain, are sometimes willing to give the law a sympathetic reading, but not at the expense of appearing to decide political questions or raising constitutional issues about the separation of powers. The watchword is deference. And the result is a climate in which settled expectations about development, both for implementing agencies and business, remain largely undisturbed.

Reconciling EU Nature Conservation Law with an Ecological Understanding of Real Property

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Publisher :
ISBN 13 :
Total Pages : 355 pages
Book Rating : 4.:/5 (795 download)

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Book Synopsis Reconciling EU Nature Conservation Law with an Ecological Understanding of Real Property by : Charles H.E. Butler

Download or read book Reconciling EU Nature Conservation Law with an Ecological Understanding of Real Property written by Charles H.E. Butler and published by . This book was released on 2010 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this thesis is to critique current EU nature conservation legislation in the context of the continued biodiversity decline within the European Union. To combat this decline the relationship between land-use and biodiversity as directed by the Wild Birds Directive (the {u2018}Birds Directive{u2019}) and Habitats Directive, it is argued ought to be based more fully on a number of identified ecological principles than is presently the case. The principles identified are interconnection, the finiteness of natural resources and ecological integrity which are represented within the Land Health concept formulated by Aldo Leopold. This concept encapsulates a mode of conservation guidance that is useful for both the legislator and the user of land. To assess how it may be possible for EU nature conservation law to be reconciled with an ecological understanding of real property this thesis draws on the natural law theories of property, a resource allocation property model, ecology and the substantive provisions of the directives themselves in order to intellectually underpin the argument for a greater accommodation of the ecological principles within both the Birds Directive and the Habitats Directive. The thesis is framed around a number of research questions. The first question is does property law provide an obstacle to the accommodation of the Land Health concept within EU nature conservation law? The second question concerns the Land Health concept and why its principles ought to be more fully represented within the EU nature conservation law. The third question asks whether EU nature conservation law has the capacity to accommodate the Land Health concept and its principles. 2 To provide for a greater representation of ecological principles in both the Birds Directive and the Habitats Directives these principles must be compatible with the existing EU conservation legal framework. Notwithstanding certain weaknesses within the Birds and Habitats Directives, this thesis submits that the substantive provisions of both directives (subject to certain suggested amendments) do potentially allow for a more rigorous representation of these principles. Also, by framing real property within a resource allocation property rights model this allows real property to be interpreted in a way that is about the responsible use of natural resources within the natural environment, an interpretation that is also compatible with the ecological principles of interconnection, the finiteness of natural resources and ecological integrity. It is submitted that in theory at least, this approach may help to reconcile EU nature conservation law with an ecological understanding of real property.

The Future of the Law of the Sea

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Author :
Publisher : Springer
ISBN 13 : 3319512749
Total Pages : 278 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Future of the Law of the Sea by : Gemma Andreone

Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.