Bringing New Law to Ocean Waters


In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials.
"Bringing new law to ocean waters” --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.

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Altogether, Caron and Scheiber’s Bringing New Law to Ocean Waters contributes significantly to our understanding of the legal regime on maritime spaces and its interrelation with new scientific findings, geographical developments, and changes in perception. The volume should be of interest not merely to scholars, but to lawyers and politicians involved in progressively developing the legal regime on maritime spaces at all levels.
Rüdiger Wolfrum in American Journal of International Law, 2006.
Part 1,
Chapter 1 Bringing New Law to Ocean Waters, by Harry N. Scheiber and David D. Caron,
Chapter 2Changing Perspectives on the Oceans: Implications for International Fisheries and Oceans Governance, by Lawrence Juda,
Part 2 The Regionalization and Realities of High Seas Fisheries,
Chapter 3 U.S. Policy, the Pacific Tuna Economy, and Ocean Law Innovation: The Post-World War II Era, 1945-70, by Harry N. Scheiber,
Chapter 4 Transformations in the Law Governing Highly Migratory Species: 1970- Present, by Christopher J. Carr,
Chapter 5 Illegal, Unreported, and Unregulated (IUU) Fishing: Global and Regional Responses, by Moritaka Hayashi,
Chapter 6 IUU Fishing or IUU Operations? Some Observations on Diagnosis and Current Treatment, by Davor Vidas,
Chapter 7 The Regional Fishery Management Organizations and Ocean Law: A Perspective from Taiwan, by Yann-huei Song,
Chapter 8 Multilateralism and Marine Issues in the Southeast Atlantic, by Erik Franckx,
Part 3 Technology and Sea-bed Issues,
Chapter 9 The UNESCO Convention on the Underwater Cultural Heritage: A Spanish View, by Carlos Espósito and Cristina Fraile,
Chapter 10 Historic Time Capsules or Environmental Time Bombs? Legal & Policy Issues Regarding the Emerging Risk of Major Oil Spills from Historic Shipwrecks, by John G. White,
Chapter 11 Managing Foreign Access to Marine Genetic Materials: Moving from Capture to Cooperation, by Richard J. McLaughlin,
Part 4 Institutions and Adjudication,
Chapter 12 The International Tribunal for the Law of the Sea, by Bernard Oxman,
Chapter 13 Jurisdictional Conflicts Between International Tribunals: A Framework for Adjudication & Implementation, by Lakshman Guruswamy,
Chapter 14, The Law of the Sea Convention Ten Years after Entry into Force: Positive Developments and Reasons for Concern, by Tullio Treves,
Part 5 The Ocean Environment,
Chapter 15 The Evolution and International Acceptance of the Precautionary Principle, by Jon M. Van Dyke,
Chapter 16 Deconstructing the Precautionary Principle, by Daniel Bodansky,
Chapter 17 Finding Out What the Oceans Claim: The 1991 Gulf War, the Marine Environment and The United Nations Compensation Commission, by David D. Caron,
Part 6 The New Practice of Maritime Boundaries,
Chapter 18, Compromise Sea Law: Swedish Negotiation Experiences, by Hugo Tiberg,
Chapter 19 Stormy Waters on the Way to the High Seas: The Case of the Territorial Sea Delimitation between Croatia and Slovenia, by Damir Arnaut,
Chapter 20 A Note on the Commission on the Limits of the Continental Shelf and the Submission of the Russian Federation, by Ted L. McDorman,
Chapter 21 The Changeable Legal Status of Islands and “Non-Islands” in the Law of the Sea: Some Instances in the Asia-Pacific Region, by Choon-Ho Park.
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