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Author: Seline Trevisanut
Publisher: BRILL
ISBN: 9004422102
Category : Law
Languages : en
Pages : 252
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Book Description
Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.
Author: Seline Trevisanut
Publisher: BRILL
ISBN: 9004422102
Category : Law
Languages : en
Pages : 252
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Book Description
Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies problems raised by regime interaction in ocean governance, discusses relevant theoretical approaches and explores possible solutions. It ultimately highlights how regime interaction can also contribute to better ocean governance.
Author: Seline Trevisanut
Publisher: Publications on Ocean Developm
ISBN: 9789004422094
Category : Law
Languages : en
Pages : 238
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Book Description
"A plethora of international bodies and international instruments regulate, influence and shape what is happening in the oceans. The many regimes involved and the resulting legal cacophony contribute to persisting challenges in ocean governance. Regime Interaction in Ocean Governance: Problems, Theories and Methods identifies the problems raised by regime interaction in ocean governance, discusses the relevant theoretical approaches, and explores possible solutions. It ultimately highlights how regime interaction in international law, specifically in oceans matters, not only consists of a problem to be solved, but also of a phenomenon to be better understood and benefited from"--
Author: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139504932
Category : Law
Languages : en
Pages :
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Book Description
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author: Yen-Chiang Chang
Publisher: Springer Science & Business Media
ISBN: 9789400727625
Category : Science
Languages : en
Pages : 125
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Book Description
Ocean—a source of life, has been overused and heavily polluted. While the traditional approaches might not be able to solve the complexity of the ocean governance issues, there is a need to adopt a new way of thinking in order to deal with the current problems. This book emphasises the importance of law and policy while generating ocean governance initiatives. “Good Ocean Governance” as a new way of thinking, needs to be supported by legislation and decision makers. It is, therefore, necessary to examine whether the idea of good ocean governance exists within the international legal system and is subsequently subject to transfer into the domestic law. During this transaction process, a number of examples provided from the United States, Canada and Australia help to demonstrate the broad picture. Also included are discussions on the governance of marine resources, ship recycling and marine pollution, the impact of maritime clusters as well as social and culture impact of ports. The ultimate aim of this book is to tease out more new ideas and discussions on ocean governance issues.
Author: Yoshifumi Tanaka
Publisher: Routledge
ISBN: 1317188314
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Marta Chantal Ribeiro
Publisher: Springer Nature
ISBN: 3030426718
Category : Law
Languages : en
Pages : 473
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Book Description
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.
Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469
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Book Description
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.
Author: David M Ong
Publisher: Oxford University Press
ISBN: 0192557475
Category : Law
Languages : en
Pages : 464
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Book Description
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.
Author: Harry N. Scheiber
Publisher: Martinus Nijhoff Publishers
ISBN: 9004220216
Category : Law
Languages : en
Pages : 569
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Book Description
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. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.
Author: Harro van Asselt
Publisher: Edward Elgar Publishing
ISBN: 1782544984
Category : Political Science
Languages : en
Pages : 360
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Book Description
The fragmented state of global climate governance poses major challenges to policymakers and scholars alike. Through an in-depth examination of regime interactions between the international climate regime and three other regimes (on clean technology, b
