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The International Legal Regime Relating To Marine Protected Areas In Areas Beyond National Jurisdiction
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Book Synopsis International Law and Marine Areas beyond National Jurisdiction by : Vito De Lucia
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction by : Wen Duan
Download or read book The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction written by Wen Duan and published by BRILL. This book was released on 2022-06-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.
Book Synopsis Marine Protected Areas in International Law by : Ingvild Ulrikke Jakobsen
Download or read book Marine Protected Areas in International Law written by Ingvild Ulrikke Jakobsen and published by BRILL. This book was released on 2016-08-19 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
Book Synopsis Marine Biodiversity of Areas beyond National Jurisdiction by : Myron H. Nordquist
Download or read book Marine Biodiversity of Areas beyond National Jurisdiction written by Myron H. Nordquist and published by BRILL. This book was released on 2021-02-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction and Options for Cooperation for the Establishment of Marine Protected Areas (MPAS) in Marine Areas Beyond the Limits of National Jurisdiction by : Lee A. Kimball
Download or read book The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction and Options for Cooperation for the Establishment of Marine Protected Areas (MPAS) in Marine Areas Beyond the Limits of National Jurisdiction written by Lee A. Kimball and published by . This book was released on 2005 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting the Oceans Beyond National Jurisdiction by : Robin Warner
Download or read book Protecting the Oceans Beyond National Jurisdiction written by Robin Warner and published by BRILL. This book was released on 2009-02-23 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment.
Book Synopsis The International Legal Regime of Areas beyond National Jurisdiction by : Erik J. Molenaar
Download or read book The International Legal Regime of Areas beyond National Jurisdiction written by Erik J. Molenaar and published by BRILL. This book was released on 2010-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction, focusing on principles and objectives, institutional arrangements, entitlements and compliance.
Book Synopsis Conserving Biodiversity in Areas Beyond National Jurisdiction by : David Freestone
Download or read book Conserving Biodiversity in Areas Beyond National Jurisdiction written by David Freestone and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together a collection of essays by a number of distinguished scholars and practitioners concerning the United Nations General Assembly discussions on the conservation and sustainable use of biodiversity in areas beyond national jurisdiction.
Book Synopsis Research Handbook on International Marine Environmental Law by : Rosemary Rayfuse
Download or read book Research Handbook on International Marine Environmental Law written by Rosemary Rayfuse and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Handbook examines the current state of and the future challenges for international law in addressing the key activities that pose threats to the marine environment. It provides a critical analysis of, and constructive solutions for, the international legal regime for the protection of the marine environment and identifies areas of vital research need for the future. The in-depth chapters, written by emerging and established experts in their fields, explore the legal framework for protection of the marine environment and look at issues such as pollution, seabed activities, and climate change as well as discussing the protection of marine biodiversity and considering regional approaches to the protection of the marine environment. Each chapter goes beyond a survey of existing law to identify the shortcomings in the legal regime and areas of critical research needed to address these shortcomings. This timely book provides significant insights into contemporary issues surrounding the efficacy of the regime created by the 1982 Law of the Sea Convention and details the further work needed to ensure the design and implementation of effective regulation and management of human activities that affect the marine environment. Students and academics researching in the law of the sea and environmental law will find the Handbook central to their subject areas. The analyses and reform proposals are an invaluable resource for government and policy practitioners, as well as IGOs and NGOs involved in marine environmental issues.
Book Synopsis Maritime Spatial Planning by : Jacek Zaucha
Download or read book Maritime Spatial Planning written by Jacek Zaucha and published by Springer. This book was released on 2018-01-01 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license Maritime or marine spatial planning has gained increasing prominence as an integrated, common-sense approach to promoting sustainable maritime development. A growing number of countries are engaged in preparing and implementing maritime spatial plans: however, questions are emerging from the growing body of MSP experience. How can maritime spatial planning deal with a complex and dynamic environment such as the sea? How can MSP be embedded in multiple levels of governance across regional and national borders – and how far does the environment benefit from this new approach? This open access book is the first comprehensive overview of maritime spatial planning. Situated at the intersection between theory and practice, the volume draws together several strands of interdisciplinary research, reflecting on the history of MSP as well as examining current practice and looking towards the future. The authors and contributors examine MSP from disciplines as diverse as geography, urban planning, political science, natural science, sociology and education; reflecting the growing critical engagement with MSP in many academic fields. This innovative and pioneering volume will be of interest and value to students and scholars of maritime spatial planning, as well as planners and practitioners. Jacek Zaucha is Professor of Economics at Gdánsk University, Poland. He is long experienced in maritime spatial planning, and is currently leading the team preparing the first plan for Polish waters. Kira Gee is Research Associate at the Centre for Materials and Coastal Research (Helmholtz-Zentrum Geesthacht), Germany. She has been involved in MSP research and practice for over 20 years, and has participated in numerous national and transnational European MSP projects.
Book Synopsis Saving the Oceans Through Law by : James Harrison
Download or read book Saving the Oceans Through Law written by James Harrison and published by Oxford University Press. This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of the marine environment is an important challenge for the international community. Harrison critically assesses the role of international law, highlighting key developments in treaties and legal rules, but also pointing to the need for greater coordination and stronger enforcement mechanisms
Book Synopsis Marine Conservation and International Law by : Sarah Louise Lothian
Download or read book Marine Conservation and International Law written by Sarah Louise Lothian and published by Taylor & Francis. This book was released on 2022-07-22 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
Book Synopsis Global Challenges and the Law of the Sea by : Marta Chantal Ribeiro
Download or read book Global Challenges and the Law of the Sea written by Marta Chantal Ribeiro and published by Springer Nature. This book was released on 2020-05-23 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis High Seas Governance by : Robert C. Beckman
Download or read book High Seas Governance written by Robert C. Beckman and published by BRILL. This book was released on 2018-11-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: High Seas Governance: Gaps and Challenges discusses and presents solutions to identified gaps in the legal regime governing the high seas, including the protection of sensitive marine areas, marine pollution, conservation of marine living resources, and activities by non-state actors.
Book Synopsis The Designation of Marine Protected Areas by : Anna von Rebay
Download or read book The Designation of Marine Protected Areas written by Anna von Rebay and published by Springer Nature. This book was released on 2023-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Book Synopsis Principles of Integrated Maritime Surveillance Systems by : A. Nejat Ince
Download or read book Principles of Integrated Maritime Surveillance Systems written by A. Nejat Ince and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information is always required by organizations of coastal states about the movements, identities and intentions of vessels sailing in the waters of interest to them, which may be coastal waters, straits, inland waterways, rivers, lakes or open seas. This interest may stem from defense requirements or from needs for the protection of off-shore resources, enhanced search and rescue services, deterrence of smuggling, drug trafficking and other illegal activities and/or for providing vessel traffic services for safe and efficient navigation and protection of the environment. To meet these needs it is necessary to have a well designed maritime surveillance and control system capable of tracking ships and providing other types of information required by a variety of user groups ranging from port authorities, shipping companies, marine exchanges to governments and the military. Principles of Integrated Maritime Surveillance Systems will be of vital interest to anyone responsible for the design, implementation or provision of a well designed maritime surveillance and control system capable of tracking ships and providing navigational and other types of information required for safe navigation and efficient commercial operation. Principles of Integrated Maritime Surveillance Systems is therefore essential to a variety of user groups ranging from port authorities to shipping companies and marine exchanges as well as civil governments and the military.
Book Synopsis Guidelines for Protected Areas Legislation by : Barbara J. Lausche
Download or read book Guidelines for Protected Areas Legislation written by Barbara J. Lausche and published by IUCN. This book was released on 2011 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.
