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Research Handbook on International Marine Environmental Law
This authoritative Handbook examines the current state and the future needs of international law in addressing the key activities that pose threats to the marine environment. Its chapters explore the legal framework for protection of the marine environment, pollution of the marine environment, seabed activities and the marine environment, protection of marine biodiversity, regional approaches to the protection of the marine environment and climate change and 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 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.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘Written by eminent scholars and practitioners, this Handbook is an accessible treasure trove for diplomats as well as advocates, advanced scholars and law students, indeed anyone interested in the future of our oceans. I predict it will become an essential guidebook for all those involved in international ocean negotiations.’
– Kristina Gjerde, High Seas Policy Advisor, IUCN
‘For diplomats, practitioners, and scholars concerned with the myriad threats facing our oceans, the Elgar Research Handbook on International Marine Environmental Law is a must. It contains enlightening analysis of the complex ocean governance problems that imperil the marine environment and continue to evade solution. More importantly, it advances realistic ideas to move the environmental protection of our oceans forward. All of this from some of the sharpest thinkers on these issues today.’
– Donald K. Anton, Griffith University, Australia
– Kristina Gjerde, High Seas Policy Advisor, IUCN
‘For diplomats, practitioners, and scholars concerned with the myriad threats facing our oceans, the Elgar Research Handbook on International Marine Environmental Law is a must. It contains enlightening analysis of the complex ocean governance problems that imperil the marine environment and continue to evade solution. More importantly, it advances realistic ideas to move the environmental protection of our oceans forward. All of this from some of the sharpest thinkers on these issues today.’
– Donald K. Anton, Griffith University, Australia
Contributors
Contributors: M. Bourrel, R. Churchill, E. Druel, J. Harrison, T. Henriksen, K. Houghton, A.M. Hubert, N. Liu, M. Lodge, J. Mossop, N. Oral, D. Osborn, A. Proelss, H. Ringbom, J. Rochette, K.N. Scott, T. Stephens, Y. Tanaka, D. Tladi, D.L. VanderZwaag, D. Vousden, H.D. Vu, R. Warner, G. Wright
Contents
Contents:
Foreword
PART I THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE MARINE ENVIRONMENT
1. The LOSC Regime for Protection of the Marine Environment – Fit for the Twenty-first Century? Robin Churchill
2. Principles of International Marine Environmental Law
Yoshifumi Tanaka
3. Actors and Institutions for the Protection of the Marine Environment
James Harrison
Part II POLLUTION AND THE MARINE ENVIRONMENT
4. Land Based Pollution and the Marine Environment
David Osborn
5. Vessel-source Pollution
Henrik Ringbom
6. The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores
David L. VanderZwaag
PART III SEABED ACTIVITIES AND THE MARINE ENVIRONMENT
7. Protecting the Marine Environment of the Deep Seabed
Michael Lodge
8. Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment
Joanna Mossop
9. Protection of the Marine Environment from Offshore Oil and Gas Activities
Nengye Liu
10. Protection and Preservation of the Marine Environment from Seabed Mining Activities on the Continental Shelf: Perspectives from the Pacific Islands Region
Marie Bourrel
PART IV PROTECTION OF MARINE BIODIVERSITY
11. Protecting Marine Species
Alexander Proelss and Katherine Houghton
12. Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement
Dire Tladi
13. Marine Protected Areas in Areas beyond National Jurisdiction
Glenn Wright, Julien Rochette and Elizabeth Druel
14. Environmental Assessment in Marine Areas beyond National Jurisdiction
Robin Warner
15. Marine Scientific Research and the Protection of the Seas and Oceans
Anna Maria Hubert
PART V REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT
16. Forty Years of the UNEP Regional Seas Programme: From Past to Future
Nilufer Oral
17. Protecting Polar Environments: Coherency in Regulating Arctic Shipping
Tore Henriksen
18. Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management
David Vousden
19. Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea
Hai Dang Vu
PART VI CLIMATE CHANGE AND THE MARINE ENVIRONMENT
20. Ocean Acidification
Tim Stephens
21. Geoengineering and the Marine Environment
Karen N. Scott
Index
Foreword
PART I THE LEGAL FRAMEWORK FOR THE PROTECTION OF THE MARINE ENVIRONMENT
1. The LOSC Regime for Protection of the Marine Environment – Fit for the Twenty-first Century? Robin Churchill
2. Principles of International Marine Environmental Law
Yoshifumi Tanaka
3. Actors and Institutions for the Protection of the Marine Environment
James Harrison
Part II POLLUTION AND THE MARINE ENVIRONMENT
4. Land Based Pollution and the Marine Environment
David Osborn
5. Vessel-source Pollution
Henrik Ringbom
6. The International Control of Ocean Dumping: Navigating from Permissive to Precautionary Shores
David L. VanderZwaag
PART III SEABED ACTIVITIES AND THE MARINE ENVIRONMENT
7. Protecting the Marine Environment of the Deep Seabed
Michael Lodge
8. Reconciling Activities on the Extended Continental Shelf with Protection of the Marine Environment
Joanna Mossop
9. Protection of the Marine Environment from Offshore Oil and Gas Activities
Nengye Liu
10. Protection and Preservation of the Marine Environment from Seabed Mining Activities on the Continental Shelf: Perspectives from the Pacific Islands Region
Marie Bourrel
PART IV PROTECTION OF MARINE BIODIVERSITY
11. Protecting Marine Species
Alexander Proelss and Katherine Houghton
12. Conservation and Sustainable use of Marine Biodiversity in Areas beyond National Jurisdiction: Towards an Implementing Agreement
Dire Tladi
13. Marine Protected Areas in Areas beyond National Jurisdiction
Glenn Wright, Julien Rochette and Elizabeth Druel
14. Environmental Assessment in Marine Areas beyond National Jurisdiction
Robin Warner
15. Marine Scientific Research and the Protection of the Seas and Oceans
Anna Maria Hubert
PART V REGIONAL APPROACHES TO THE PROTECTION OF THE MARINE ENVIRONMENT
16. Forty Years of the UNEP Regional Seas Programme: From Past to Future
Nilufer Oral
17. Protecting Polar Environments: Coherency in Regulating Arctic Shipping
Tore Henriksen
18. Large Marine Ecosystems and Associated New Approaches to Regional, Transboundary and ‘High Seas’ Management
David Vousden
19. Towards a Regional Regime for the Establishment of a Network of Marine Protected Areas in the South China Sea
Hai Dang Vu
PART VI CLIMATE CHANGE AND THE MARINE ENVIRONMENT
20. Ocean Acidification
Tim Stephens
21. Geoengineering and the Marine Environment
Karen N. Scott
Index
