The International Seabed Authority and the Precautionary Principle

Balancing Deep Seabed Mineral Mining and Marine Environmental Protection

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Author: Aline L. Jaeckel

Publisher: BRILL

ISBN: 9004332286

Category: Law

Page: 382

View: 2691

In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.

International Law and the Genetic Resources of the Deep Sea

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Author: David Kenneth Leary

Publisher: Martinus Nijhoff Publishers

ISBN: 9004155007

Category: Law

Page: 297

View: 9904

Deep-sea genetic resources and the interest of the biotechnology industry in their exploitation are emerging as a significant challenge for international oceans governance. This book is the first comprehensive examination of this issue and explores its relationship with marine scientific research and other activities in the deep sea. As well as a detailed survey of the state of industry interest in this new field of biotechnology it also sets out proposals for future sustainable management of these resources utilizing many existing international law and policy regimes.

Peaceful Order in the World's Oceans

Essays in Honor of Satya N. Nandan

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Author: N.A

Publisher: Martinus Nijhoff Publishers

ISBN: 9004274979

Category: Law

Page: 412

View: 1805

No individual has contributed more to the stability and peaceful order in the world’s oceans in the last four decades than Satya N. Nandan. Peaceful Order in the World’s Oceans, edited by Michael W. Lodge and Myron H. Nordquist, collects original and substantive essays in his honor from eminent figures from around the world.

Deep-sea Biodiversity and Ecosystems

A Scoping Report on Their Socio-economy, Management and Governanace

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Author: Sybille van den Hove,Vincent Moreau

Publisher: UNEP/Earthprint

ISBN: 9789280728927

Category: Business & Economics

Page: 84

View: 9840

The objective of this report is to provide an overview of the key socio-economic, management and governance issues relating to the conservation and sustainable use of deep-sea ecosystems and biodiversity. The report highlights our current understanding of these issues and identifies topics and areas that need further investigation to close gaps in knowledge. It also explores the needs and means for interfacing research with policy with a view to contributing to the political processes regarding deep-sea and high-seas governance, which are currently ongoing in various international flora within and outside the UN system. In addition, the report provides guidance on the future direction and focus of research on environmental, socio-economic and governance aspects in relation to the deep-sea.

Handbook on Marine Environment Protection

Science, Impacts and Sustainable Management

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Author: Markus Salomon,Till Markus

Publisher: Springer

ISBN: 3319601563

Category: Science

Page: 1024

View: 3690

This handbook is the first of its kind to provide a clear, accessible, and comprehensive introduction to the most important scientific and management topics in marine environmental protection. Leading experts discuss the latest perspectives and best practices in the field with a particular focus on the functioning of marine ecosystems, natural processes, and anthropogenic pressures. The book familiarizes readers with the intricacies and challenges of managing coasts and oceans more sustainably, and guides them through the maze of concepts and strategies, laws and policies, and the various actors that define our ability to manage marine activities. Providing valuable thematic insights into marine management to inspire thoughtful application and further study, it is essential reading for marine environmental scientists, policy-makers, lawyers, practitioners and anyone interested in the field.

The Precautionary Principle in Marine Environmental Law

With Special Reference to High Risk Vessels

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Author: Bénédicte Sage-Fuller

Publisher: Routledge

ISBN: 1135020019

Category: Law

Page: 320

View: 2530

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

Routledge Handbook of National and Regional Ocean Policies

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Author: Biliana Cicin-Sain,David Vanderzwaag,Miriam C. Balgos

Publisher: Routledge

ISBN: 131765806X

Category: Political Science

Page: 640

View: 2028

This comprehensive handbook, prepared by leading ocean policy academics and practitioners from around the world, presents in-depth analyses of the experiences of fifteen developed and developing nations and four key regions of the world that have taken concrete steps toward cross-cutting and integrated national and regional ocean policy. All chapters follow a common framework for policy analysis. While most coastal nations of the world already have a variety of sectoral policies in place to manage different uses of the ocean (such as shipping, fishing, oil and gas development), in the last two decades, the coastal nations covered in the book have undertaken concerted efforts to articulate and implement an integrated, ecosystem-based vision for the governance of ocean areas under their jurisdiction. This includes goals and procedures to harmonize existing uses and laws, to foster sustainable development of ocean areas, to protect biodiversity and vulnerable resources and ecosystems, and to coordinate the actions of the many government agencies that are typically involved in oceans affairs. The book highlights the serious conflicts of use in most national ocean zones and the varying attempts by nations to follow the prescriptions emanating from the 1982 UN Law of the Sea Convention and the outcomes of the 1992, 2002, and 2012 sustainable development summits. The interrelationship among uses and processes in the coast and ocean requires that ocean governance be integrated, precautionary, and anticipatory. Overall, the book provides a definitive state-of-the-art review and analysis of national and regional ocean policies around the world.

Regions, Institutions, and Law of the Sea

Studies in Ocean Governance

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Author: Harry N. Scheiber,Jin-Hyun Paik

Publisher: Martinus Nijhoff Publishers

ISBN: 9004220216

Category: Law

Page: 570

View: 3499

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.

The Law of the Sea and Northeast Asia

A Challenge for Cooperation

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Author: Hŭi-gwŏn Pak

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041114075

Category: Law

Page: 228

View: 3864

The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.

The Stockholm Declaration and Law of the Marine Environment

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Author: Myron H. Nordquist,John Norton Moore,Said Mahmoudi

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041199409

Category: Law

Page: 464

View: 6405

This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.

Sustainable Development Principles in the Decisions of International Courts and Tribunals

1992-2012

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Author: Marie-Claire Cordonier Segger,Judge C.G. Weeramantry

Publisher: Taylor & Francis

ISBN: 1317670000

Category: Law

Page: 884

View: 8804

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Saving the Oceans Through Law

The International Legal Framework for the Protection of the Marine Environment

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Author: James Harrison

Publisher: Oxford University Press

ISBN: 0198707320

Category: Law

Page: 300

View: 3584

The oceans cover more than seventy per cent of the surface of the planet and they provide many vital ecosystem services. However, the health of the world's oceans has been deteriorating over the past decades and the protection of the marine environment has emerged as one of the most pressing legal and political challenges for the international community. An effective solution depends upon the cooperation of all states towards achieving agreed objectives. This book provides a critical assessment of the role that international law plays in this process, by explaining and evaluating the various legal instruments that have been negotiated in this area, as well as key trends in global ocean governance. Starting with a detailed analysis of the United Nations Convention on the Law of the Sea, the book considers the main treaties and other legal texts that seeks to prevent, reduce, and control damage to the marine environment caused by navigation, seabed exploitation, fishing, dumping, and land-based activities, as well as emerging pressures such as ocean noise and climate change. The book demonstrates how international institutions have expanded their mandates to address a broader range of marine environmental issues, beyond basic problems of pollution control to include the conservation of marine biological diversity and an ecosystems approach to regulation. It also discusses the development of diverse regulatory tools to address anthropogenic impacts on the marine environment and the extent to which states have adopted a precautionary approach in different maritime sectors. Whilst many advances have been made in these matters, this book highlights the need for greater coordination between international institutions, as well as the desirability of developing stronger enforcement mechanisms for international environmental rules.

The Regulation of Continental Shelf Development

Rethinking International Standards

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Author: Myron H. Nordquist,John Norton Moore,Aldo Chircop,Ronán Long

Publisher: Martinus Nijhoff Publishers

ISBN: 9004256849

Category: Law

Page: 392

View: 1235

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of the unresolved legal concerns related to the continental shelf. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.

Marine Mineral Resources

Scientific Advances and Economic Perspectives

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Author: United Nations. Division for Ocean Affairs and the Law of the Sea,United Nations. Office of Legal Affairs,International Seabed Authority

Publisher: United Nations Publications

ISBN: 9789766107123

Category: Nature

Page: 118

View: 3718

The current contribution of marine mineral resources to the global economy is significant, and recent scientific discoveries suggest that the potential contribution could be even greater. This study outlines the legal framework for these resouces. It then examines the scientific aspects, including sources and environmental considerations of their exploitation. The economic and technological perspectives are then surveyed, focussing on integration of science and economics in marine mineral development, and resources of the continental shelf and the deep sea.

Implementing the Precautionary Principle

Perspectives and Prospects

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Author: Elizabeth Charlotte Fisher,Judith S. Jones,René von Schomberg

Publisher: Edward Elgar Publishing

ISBN: 1847201679

Category: Political Science

Page: 336

View: 8227

This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

Handbook on Ocean Politics & Law

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Author: James C. F. Wang

Publisher: Greenwood Publishing Group

ISBN: 9780313264344

Category: Law

Page: 568

View: 9230

Provides background information and analysis on contemporary ocean use issues. Coverage includes the development of ocean law, the evolving uses of oceans, data on living and non-living ocean resources, the environmental impact of pollution and national claims over ocean exploration.

The Law of the Sea Convention

US Accession and Globalization

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Author: Myron H. Nordquist,John Norton Moore,Alfred H.A. Soons,Hak-So Kim

Publisher: Martinus Nijhoff Publishers

ISBN: 900420136X

Category: Law

Page: 575

View: 3636

This text provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management.

A Dual Approach to Ocean Governance

The Cases of Zonal and Integrated Management in International Law of the Sea

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Author: Mr Yoshifumi Tanaka

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496392

Category: Law

Page: 310

View: 6366

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.

Functional Jurisdiction in the Law of the Sea

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Author: Maria Gavouneli

Publisher: BRILL

ISBN: 9047423186

Category: Law

Page: 304

View: 7305

Drawing on the essential premises of the Law of the Sea Convention as constotuion of the oceans, this book looks into the ways it can be evolved to accommodate new challenges to its regulatory scheme.

The Blue Economy

10 Years, 100 Innovations, 100 Million Jobs

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Author: Gunter A. Pauli

Publisher: Paradigm Publications

ISBN: 9780912111902

Category: Business & Economics

Page: 308

View: 9537

Dr. Gunter Pauli is challenging the green movement he has been so much a part of to do better, to do more. He is the entrepreneur who launched Ecover; those products are probably in many of your homes. He built the largest ecologically-sound factory in the world. His participation in the Club of Rome and the founding of Zero Emissions Research Institute (ZERI) has made an immense contribution to sustainability both in terms of research, public awareness and articulating a visionary direction. He has dedicated himself to teaching and the hands-on implementation of projects that have brought healthy environments, good nutrition, health care and jobs in sustainable commerce to a myriad of places in the world.