The Limits of Maritime Jurisdiction

xviii, 794 pp.
ISBN: 978-90-04-26258-4
Verlag: Brill

Buch, Englisch, 794 Seiten, Format (B × H): 168 mm x 244 mm, Gewicht: 1520 g

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Autoren/Hrsg.

Schofield, Clive H.

Lee, Seokwoo

Kwon, Moon-Sang

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

Dedication

Table of Contents

List of Figures

List of Tables

Preface and Acknowledgements

Introduction: Exploring the Limits of Maritime Jurisdiction
Clive Schofield, Seokwoo Lee and Moon-Sang Kwon

A Jurisprudence of Pragmatic Altruism: Jon Van Dyke’s Legacy to Legal Scholarship
Harry N. Scheiber

PART I: ON THE LIMITS OF MARITIME JURISDICTION

Chapter 1: The Limits of Maritime Jurisdiction
by Ivan Shearer

Chapter 2: The ‘Territorialisation’ of the Exclusive Economic Zone: A Requiem for the Remnants of the Freedom of the Seas?
by Ian Townsend-Gault

PART II: DISPUTED LIMITS

Chapter 3: The Role of Islands in the Generation of Boundaries at Sea
by John Briscoe and Peter Prows

Chapter 4: The El Dorado Effect: Reappraising the ‘Oil Factor’ in Maritime Boundary Disputes
by Clive Schofield

Chapter 5: Oil and Water: Assessing the Link between Maritime Boundary Delimitation and Hydrocarbon Resources
by John Donaldson

Chapter 6: Adriatic Blues: Delimiting the former Yugoslavia’s Final Frontier
by Damir Arnaut

Chapter 7: The Scope for Unilateralism in Disputed Maritime Areas
by Youri van Logchem

PART III: ENDURING DISPUTES IN EAST AND SOUTHEAST ASIA

Chapter 8: Sovereignty as an Obstacle to Effective Oceans Governance – The Case of the South China Sea
by Sam Bateman

Chapter 9: The South China Sea: Competing Claims and Conflict Situations
by Julia Xue

Chapter 10: Politics, International Law and the Dynamics of Recent Developments in the South China Sea
by Tran Truong Thuy

Chapter 11: The Notion of Dispute in the Contemporary International Legal Order: Qualification and Evidence
by Xinjun Zhang

Chapter 12: Perspectives on East China Sea Maritime Disputes: Issues and Context
by Suk-Kyoon Kim

Chapter 13: The China-Japan Dispute Over Entitlement in the East China Sea: Legal Issues and Prospects for Resolution
by Tara Davenport

PART IV: MARITIME SECURITY AND THE LIMITS OF MARITIME JURISDICTION

Chapter 14: Maritime Security in the post-9/11 World: A New Creeping Jurisdiction in the Law of the Sea?
by Stuart Kaye

Chapter 15: Maritime Security and Jurisdiction over Pirates and Maritime Terrorists
by Robert Beckman

Chapter 16: Korea’s Trial of Somali Pirates
by Seokwoo Lee and Young Kil Park

Chapter 17: A Missing Part of the Law of the Sea Convention: Addressing Issues of State Jurisdiction over Persons at Sea”
by Irini Papanicolopulu

PART V: PUSHING THE LIMITS OF OCEANS GOVERNANCE – ENVIRONMENTAL AND MARINE LIVING RESOURCE CONCERNS

Chapter 18: Distributing a Conservation Burden across Multiple Jurisdictions: A Case Study of the Western and Central Pacific Tuna Fisheries
by Quentin Hanich

Chapter 19: In Combating and Deterring IUU Fishing: Do RFMOs Work?
by Kuan-Hsiung Wang

Chapter 20: “Good Faith” Obligations to Protect and Preserve the Marine Environment: A Proposal on Uniform High Seas Fisheries Management
by Anastasia Telesetsky

Chapter 21: The Legacy and Fate of Bluefin Tuna under International Law
by Emily A. Gardner

PART VI: POLAR LIMITS

Chapter 22: The Southern Ocean, Climate Change and Ocean Governance
by Marcus Haward

Chapter 23: Whaling in the Antarctic: Protecting Rights in Areas Beyond National Jurisdiction through International Litigation
by Natalie Klein and Tim Stephens

Chapter 24: Marine Protected Areas in Antarctic Waters: A Review of Policy Options in the Context of International Law
by Ben Milligan

Chapter 25: Evaluating Canada’s Position on the Northwest Passage in Light of Two Possible Sources of International Protection
by Suzanne Lalonde

Chapter 26: The Practicalities of Ecosystem Approach in the Barents Sea: The ECOBAR Project
by Tavis Potts, Branka Valcic, JoLynn Carroll and Michael Carroll

PART VII: NEW CHALLENGES IN OCEANS GOVERNANCE – CLIMATE CHANGE AND THE OCEANS

Chapter 27: Sea Level Rise and the Law of the Sea: How Can the Affected States be Better Protected?
by Moritaka Hayashi

Chapter 28: Ocean Energy Development in Response to the Convention on Climate Change: The Case of Korea
by Seong Wook Park and Charity M. Lee

Chapter 29: Exploiting the Oceans for Climate Change Mitigation: Case Study on Iron Fertilisation
by Karen Scott

Chapter 30: Through the Back Door: A Critical Appraisal of the UN Law of the Sea Convention’s Usefulness as a Tool to Combat Climate Change
by Jenny H. Grote Stoutenburg

Chapter 31: Principles and Normative Trends in EU Ocean Governance
by Ronán Long

PART VIII: BEYOND THE LIMITS – EXPLORING AND MANAGING NEW FRONTIERS

Chapter 32: Governing the Blue: Governance of Areas Beyond National Jurisdiction in the Twenty-First Century
by David Freestone

Chapter 33: Beyond Delimitation: Interaction Between the Outer Continental Shelf and High Seas Regimes
by Joanna Mossop

Chapter 34: Addressing the Marine Genetic Resources Issue: Is the Debate Heading in the Wrong Direction?
by David Leary and S. Kim Juniper

Index

Über Autor(innen)

Clive Schofield, Ph.D. (2000), University of Durham is Professor and Director of Research, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia. He has published widely on maritime delimitation and jurisdictional issues and technical aspects of the law of the sea.

Seokwoo Lee, D.Phil (2001), Oxford, is Director, Inha International Ocean Law Centre and Professor of International Law and Vice Dean for External Affairs, Inha University Law School, Korea. He is also Chairman of the Foundation for the Development of International Law in Asia (DILA).

Moon-Sang Kwon, Ph.D., Kyunghee University, Seoul, is Director General, Ocean Policy Institute, Korea Institute of Ocean Science and Technology (KIOST), Korea.