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Research Handbook on Climate Change, Oceans and Coasts
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Research Handbook on Climate Change, Oceans and Coasts

9781788112222 Edward Elgar Publishing
Edited by Jan McDonald, Faculty of Law and Centre for Marine Socioecology, Jeffrey McGee, Faculty of Law, Institute for Marine and Antarctic Studies, and Centre for Marine Socioecology, The University of Tasmania, Australia and Richard Barnes, Lincoln Law School and Lincoln Centre for Ecological Justice, The University of Lincoln, UK
Publication Date: 2020 ISBN: 978 1 78811 222 2 Extent: 544 pp
This topical Research Handbook examines the legal intersections of climate change, oceans and coasts across multiple scales and sectors, covering different geographies and regions. With expert contributions from Europe, Australasia, the Pacific, North America and Asia, it includes insightful chapters on issues ranging across the impacts of climate change on marine and coastal environments. It assesses institutional responses to climate change in ocean and marine governance regimes, adaptation to climate impacts on ocean and coastal systems and communities, and climate change mitigation in marine and coastal environments. Through a plurality of voices, disciplinary and geographical perspectives, this Research Handbook explores cross-cutting themes of institutional complexity, fragmentation, scale and design trade-offs.

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Critical Acclaim
Contributors
Contents
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This thought-provoking Research Handbook offers a critical survey of the law and governance issues facing the world’s oceans and coasts in this era of Anthropocentric climate change. It discusses the biophysical impacts that climate change is having upon our oceans and coasts, as well as the various ways that international, national and sub-national laws have sought to respond.

With contributions from scientists and lawyers, this comprehensive Research Handbook provides cutting-edge analysis of the marine governance responses to climate change and how this will need to adapt in a rapidly changing world. It reflects on the interaction of climate change with regional marine governance regimes and analyses the likely impacts on maritime and national security. Illustrating the up-to-date treatment of interactions between climate and oceans regimes, this incisive Research Handbook examines the possible adaptation options to address specific issues for our oceans and coasts.

The Research Handbook on Climate Change, Oceans and Coasts will be a key resource for students, scholars and practitioners of climate change, water law and environmental law and policy, while also being of benefit to researchers in the cross-cutting fields of human rights and disaster law.
Critical Acclaim
‘Although the physical interconnections between the climate system and the ocean are critical to both, the legal implications of these interconnections are only beginning to be explored. This insightful and comprehensive Research Handbook brings together an outstanding group of scholars and will be an essential reference for anyone interested in learning more about the relationship of climate change and ocean law.’
– Daniel Bodansky, Arizona State University, US

‘This Research Handbook takes a topic that many have addressed in pieces and offers a more comprehensive vision of how it all works. The Handbook's Asia-Pacific leanings take readers through topics rarely explored in such volumes, including regional focus chapters on the Indian Ocean, the China Sea, and the Antarctic treaty regime. One of the Handbook's key values is its insights, from a variety of perspectives, into what climate change really means for the ocean's living resources - and the humans around the world who depend upon marine fisheries. As a thought-provoking bonus, the Postscript on the COVID-19 pandemic will likely set the terms for such discussions for years to come.'
– Robin Kundis Craig, University of Utah, US

‘The ocean is undergoing a number of rapid and profound physical changes as a result of human interference with the Earth’s carbon cycle. The law of the sea, and the broader body of national and international law applicable to coastal and marine areas, is struggling to keep pace with the extent and speed of this change. This Research Handbook addresses all of the key legal dimensions of this challenge, from sea-level rise to fisheries management, and will be of enormous value to scholars, practitioners and students as they navigate the increasingly uncertain waters ahead.’
– Tim Stephens, University of Sydney, Australia

‘This exceptional book offers a timely, comprehensive, and interdisciplinary analysis of cutting-edge issues in ocean and coastal governance at the intersection of climate change. Professors McDonald, McGee, and Barnes have assembled an unparalleled cast of expert contributing authors from around the world to explore a wide range of topics at the forefront of the global response to climate change.’
– Randall S. Abate, Monmouth University, US
Contributors
Contributors: J. Bai, D.K.A. Barnes, R. Barnes, S. Bateman, N. Bax, J. Bell-James, A. Bergin, K. Brent, J, Cheng, R. Downey, D. Freestone, B. Gogarty, M. Haward, M. Hayashi, C. Held, T. Henriksen, A.J. Hobday, J. Jabour, E. Johansen, S. Kaye, N. Klein, S. Kopela, M.L. Paulson, A. MacDonald, A. Maquire, R. Makomere, R.J. Matear, M. McCreath, J. McDonald, J. McGee, C. Moreau, B. Moreno, I. Papanicolopulu, A. Rocha, C. Samds, K.N. Scott, A.-M. Slater, D. Smith, Y. Takei, E. Techera, A. Telesetsky, S.M. Torrens, R. Warner, L. Zhang, K. Zou,
Contents
Contents:

PART I FRAMING THE ISSUES: CLIMATE CHANGE AND
OUR OCEANS AND COASTS
1 Oceans and coasts in the era of Anthropogenic climate change 2
Jan McDonald, Jeffrey McGee and Richard Barnes
2 The impact of climate change on oceans: physical, chemical
and biological responses 27
Alistair J Hobday and Richard J Matear

PART II INTERNATIONAL GOVERNANCE OF CLIMATE
CHANGE, OCEANS AND COASTS
3 Climate change, the Anthropocene and ocean law: mapping the issues 49
David Freestone and Millicent McCreath
4 Sea-level rise and the law of the sea 81
Moritaka Hayashi
5 Adapting UNCLOS dispute settlement to address climate change 94
Natalie Klein
6 Climate change and high seas fisheries 114
Yoshinobu Takei
7 Climate change and the International Maritime Organization 134
Sophia Kopela
8 Climate change-related displacement of coastal and island
peoples: human rights implications 152
Amy Maguire
9 Climate change, disaster law, and extreme ocean and coastal events 174
Anastasia Telesetsky
10 Oceans, climate change and non-state actors 193
Irini Papanicolopulu and Armando Rocha

PART III REGIONAL AND SECTORAL GOVERNANCE OF
CLIMATE CHANGE, OCEANS AND COASTS
11 Handling climate change for the East and South China Seas 210
Keyuan Zou and Lei Zhang
12 The Southern Ocean and changing environmental conditions:
Antarctic Treaty System 224
Julia Jabour and Marcus Haward
13 Climate change and the Arctic: adapting to threats and
opportunities in Arctic marine waters 239
Elise Johansen and Tore Henriksen
14 International law and institutional responses to climate change
and fisheries management in the Indian Ocean 259
Erika Techera
15 Governing Pacific fisheries under climate change 278
Jan McDonald and Shannon Maree Torrens
16 Integrated oceans management and climate change 295
Karen N Scott
17 Marine spatial planning and climate change: an example from
Scotland 313
Anne-Michelle Slater and Alison MacDonald

PART IV ADAPTING AND RESPONDING TO CLIMATE
IMPACTS ON OCEANS AND COASTS
18 Responding to ocean acidification beyond climate governance 330
Reuben Makomere and Jan McDonald
19 Ecosystem-based adaptation in coastal areas: lessons from
selected case studies 348
Justine Bell-James
20 The governance of marine invasive alien species and climate
change in China 366
Jiayu Bai and Jing Cheng
21 Shifting currents: climate change and maritime security in the
Asia Pacific 394
Robin Warner and Stuart Kaye
22 Naval, national security and defence issues from climate change 409
Sam Bateman and Anthony Bergin
23 A global network of MPAs: an important tool in addressing
climate change 425
Danielle Smith

PART V INNOVATIVE GOVERNANCE FOR
MARINE-BASED CLIMATE MITIGATION
24 Marine geoengineering governance and the importance of
compatibility with the law of the sea 442
Kerryn Brent
25 Protecting Antarctica’s coastal blue carbon: a case for
international cooperation 462
Brendan Gogarty, Narissa Bax, David KA Barnes, Chester Sands,
Jeffrey McGee, Marcus Haward, Maria Lund Paulsen, Bernabé
Moreno, Camille Moreau, Christoph Held and Rachel Downey
26 Postscript: governance for climate change, oceans and coasts
in a post-COVID-19 world 485
Jan McDonald, Jeffrey McGee and Richard Barnes

Index 493
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