Regions, Institutions, and Law of the Sea

Studies in Ocean Governance

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.

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Harry N. Scheiber, M.A., Ph.D. (Cornell University), D. Jur. hon.c. (Uppsala) is the Stefan Riesenfeld Chair Professor and Chancellor's Professor, Emeritus, in the School of Law, University of California, Berkeley. He is Co-Director of the Law of the Sea Institute at UC Berkeley and is an elected fellow of the American Academy of Arts and Sciences, honorary life fellow and former president of the American Society for Legal History, and twice a Guggenheim Fellow. He has published extensively on ocean law, marine fisheries management, history of American constitutional law, and law and economic policy. He also heads the UC Berkeley Law School's Sho Sato Program in Japanese and U.S. Law and is Director of its Institute for Legal Research.

Jin-Hyun Paik, Ph. D. (Cambridge University), has been Judge of the International Tribunal for the Law of the Sea since 2009. He is also Professor of international law at Seoul National University and was Dean of its Graduate School of International Studies. He is President of Sea Lanes of Communication (SLOC) Study Group Korea and former president of the Korean Academic Council for the United Nations System (KACUNS). He has written widely on public international law, the law of the sea and international conflict management.
Preface and Acknowledgments
Harry N. Scheiber and David D. Caron, Co-Directors, Law of the Sea Institute—UC Berkeley

Harry N. Scheiber and Jin-Hyun Paik

Part I:Perspectives on the International Tribunal for the Law of the Sea

Chapter 1.
José Luis Jesus
Law of the Sea Disputes: The Applicable Law in the Jurisprudence of the Tribunal

Chapter 2.
Vaughan Lowe
The “Complementary Role” of ITLOS in Development of Ocean Law

Chapter 3.
Rüdiger Wolfrum
Ad hoc Chambers

Chapter 4.
Bernard H. Oxman,
Separate and Dissenting Opinions and their Absence: A Window on Decision-Making in the Tribunal

Chapter 5.
Carlos Espósito
Advisory Opinions and Jurisdiction of ITLOS

Chapter 6.
Philippe Gautier
Two Aspects of ITLOS Proceedings: Non-state Parties and Costs of Bringing Claims

Part II:Institutions Governing Ocean Activities

Chapter 7.
Jon M. Van Dyke
Whither the UNEP Regional Seas Programmes?

Chapter 8.
Jean-François Pulvenis
FAO, Ocean Governance, and the Law of the Sea

Chapter 9.
Michael W. Lodge
Implementation of the Common Heritage of Mankind

Chapter 10.
Alexander Proelss
The Role of The Authority in Ocean Governance

Chapter 11.
Nilufer Oral
The Regime of Straits: Safety, Security and Protection of the Marine Environment

Chapter 12.
Sherry Broder and Marcus Haward
The International Legal Regimes Governing Ocean Iron Fertilization

Chapter 13.
Michael Sheng-ti Gau
Mechanisms for Prevention of Disputes Concerning Encroachment upon the Area by Excessive Continental Shelf

Part III. Regional Issues and Ocean Regimes

A.The Pacific Area

Chapter 14.
Jerome A. Cohen and Jon M. Van Dyke
China and the Law of the Sea

Chapter 15.
Moritaka Hayashi
Japan’s Anti-Piracy Law and UNCLOS

Chapter 16.
Suk Kyoon Kim and Seokwoo Lee
The Legal Framework of Maritime Security in East Asia: A Comparative View

Chapter 17.
Yann-huei Song
The Role of Taiwan in Global Ocean Governance

B.Europe and the Mediterranean Regions

Introductory Remarks
Tullio Treves

Chapter 18.
Doris Koenig
Global and Regional Approaches to Ship Air Emissions Regulation: The IMO and the European Union

Chapter 19.
Davor Vidas
Subregional Marine Governance: The Case of the Adriatic Sea

C.The Indian Ocean, Latin American, African and Arctic Regions

Chapter 20.
Ximena Hinrichs Oyarce
Current Ocean Law Issues in the Indian Ocean Region

Chapter 21.
Eduardo Ferrero Costa
Latin America and the Law of the Sea

Chapter 22.
Erik Franckx and Koen Van den Bossche
Regional Issues and Ocean Law: The African Region

Chapter 23.
Tavis Potts and Clive Schofield
Climate Change and Evolving Regional Ocean Governance in the Arctic

Chapter 24.
John K.T. Chao
China’s Emerging Role in the Arctic

Part IV: Heightened Challenges

Chapter 25.
Helmut Tuerk
Piracy and the Law of the Sea

Chapter 26.
David D. Caron
Climate Change and the Oceans

List of Abbreviations
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