Legal Order in the World's Oceans

Un Convention on the Law of the Sea
Erscheinungsjahr 2017
ISBN: 978-90-04-35253-7
Verlag: Brill

Buch, Englisch, Band 21, 466 Seiten, Format (B × H): 161 mm x 241 mm, Gewicht: 787 g

Reihe: Center for Oceans Law and Policy

Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.

Autoren/Hrsg.

Nordquist, Myron H

Moore, John Norton

Long, Ronán

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

Preface
Jan Eliasson
Acknowledgements
Introduction

Part: Featured Studies
The United Nations Convention on the Law of the Sea: One of the Greatest Achievements in the International Rule of Law
John Norton Moore

Part 1: Ocean Affairs and the Law of the Sea at the un
1 Evolutionary Character of International and European Law: Linking Sustainability with Environmental Responsibility and Marine Ecosystem Restoration under the European Union’s Ocean Governance Agenda
Ronán Long
2 The Common Heritage of Mankind in the Proposed Implementing Agreement
Dire Tladi
3 Update on the bbnj Negotiations
J. Ashley Roach
4 Climate Change and the Oceans: Navigating Legal Orders
Karen N. Scott

Part 2: The Area and the International Seabed Authority
5 Exploration and Exploitation of Ocean Mineral Resources: The Role of Sponsoring States
Rena Lee
6 unclos Article 82: A Review and the Hurdles to Implementation
Wylie Spicer, Q.C. and Elizabeth McIsaac
7 Fostering Technological Change for Sustainable Harvesting of Ocean Mineral Resources in a Volatile Global Environment
Kris Van Nijen

Part 3: The International Tribunal for the Law of the Sea
8 itlos at Twenty: Reflections on Its Contribution to Dispute Settlement and the Rule of Law at Sea
Jin-Hyun Paik
9 The Seabed Disputes Chamber: Moving Forward
Frida M. Armas-Pfirter
10 Maritime Boundary Disputes and Compulsory Dispute Settlement: Recent Developments and Unresolved Issues
Robert Beckman and Christine Sim

Part 4: The Commission on the Limits of the Continental Shelf
11 Setting the Context: The Scientific Aspects of Article 76
Larry Mayer and David Mosher
12 Towards Establishing a Stable Regime for Seabed Jurisdiction: The Role of the Commission
Harald Brekke
13 Revisiting the Commission on the Limits of the Continental Shelf: “A Technical Body in a Political World”
Ted L. McDorman
14 Paragraph 5(a) of Annex i to the Rules of Procedure of the Commission on the Limits of the Continental Shelf: Solution to a Problem or Problem without a Solution?
Alex Oude Elferink

Part 5: Sustainable Fisheries, Including UN Fish Stocks Agreement
15 Sustainable Fisheries: The Legal Regime of the 1995 United Nations Fish Stocks Agreement and Its Contribution to Subsequent Developments Promoting Sustainable Fisheries
André Tahindro
16 Ocean Governance for Sustainable Fisheries
Stefaan Depypere
17 The Importance of Marine Science in Sustainable Fisheries: The Role of the 1995 un Fish Stocks Agreement
Alf Håkon Hoel

Part 6: Operational Implementation: Maritime Compliance and Enforcement
18 Achieving Global Maritime Compliance through Regional Cooperation
Admiral Charles D. Michel and Commander Scott Herman
19 Turkey’s Maritime Compliance and Enforcement of International Law of the Sea, Particularly Irregular Migration in the Aegean Sea Region
Hakan Karan
20 Operating Unmanned Surface Vessels at Sea: Is International Law Ready for the Future?
Anthony Morrison and Stuart Kaye
21 China’s Maritime Law Enforcement Practice in the South China Sea: Challenges and Prospects
Wu Shicun

Index

Über Autor(innen)

Myron H. Nordquist is the Associate Director and Editor of the Center for Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the University of Virginia School of Law. He is Editor-in-Chief of the United Nations Convention on the Law of the Sea 1982: a Commentary, the seven-volume “Virginia Commentary” series, plus a Supplementary Documents volume.

John Norton Moore is the Walter L. Brown Professor of Law at the University of Virginia School of Law where he directs the Center for Oceans Law and Policy. Among seven presidential appointments, he served as Chairman, NSC Interagency Task Force on the Law of the Sea; United States Ambassador and Deputy Special Representative of the President to the Law of the Sea Conference (1973-76); and was a Member of the National Advisory Committee on Oceans and Atmosphere (1984-85).

Ronán Long holds the Nippon Foundation Professorial Chair in Ocean Governance and the Law of the Sea at the World Maritime University and lectures on Ocean Governance, Law of the Sea and International Dispute Resolution and Diplomacy. He has also lectured at the Rhodes Academy of Oceans Law and Policy and is a supervisor of advanced academic research under the United Nations - The Nippon Foundation of Japan Fellowship Programme.