Ocean Law and Policy

Twenty Years of Development Under the UNCLOS Regime

In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.

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Harry N. Scheiber, is Director of the Law of the Sea Institute and the Riesenfeld Chair Professor of Law and History (Emeritus), School of Law, University of California, Berkeley, and an elected fellow of the American Academy of Arts and Sciences.

Carlos Espósito is Professor of Public International Law at University Autónoma of Madrid, and a distinguished fellow in the Law of the Sea Institute in the School of Law, University of California, Berkeley.

James Kraska is Howard S. Levie Professor in the Stockton Center for the Study of International Law at the U.S. Naval War College, and a distinguished fellow in the Law of the Sea Institute in the School of Law, University of California, Berkeley.

Moon Sang Kwon is Principal Research Scientist in the Ocean Policy Institute, Korea Institute for Ocean Science and Technology (KIOST)

Part I: Managing Ocean Resources: Rising Challenges & New Responses

Chapter 1. Stakeholder Participation in the EU Regulation of Marine Living Resources, by Ronán Long
Chapter 2. West Africa and the New European Common Fisheries Policy, by Katy Seto
Chapter 3. Climate Change, Sea Level Rise and International Law in the Anthropocene, by Davor Vidas
Chapter 4. The Rules Concerning Underwater Cultural Heritage, by Mariano Aznar Gómez
Chapter 5. A Study on the Protection and Management Policy of Korea’s Underwater Cultural Heritage, by Chang Soo Choe and Seong Wook Park.

Part II: Maritime Security

Chapter 6. Civil Disobedience in the Maritime Domain, by James Kraska
Chapter 7. Anti-Piracy Operations in the Gulf of Guinea, by Kamal-Deen Ali
Chapter 8. Liability for Wrongful Acts by Private Military and Security Companies on Board Ships, by Vasco Becker-Weinberg
Chapter 9. Maritime Security Laws and Practices of Australia, India, Singapore and South Africa, by Bimal N. Patel
Chapter 10. Black Sea Security under the 1936 Montreux Treaty, by Nilufer Oral
Chapter 11. The Conceptualization and Construction of a Northeast Asian Maritime Security Architecture, by Seokwoo Lee and Hee Eun Lee

Part III: Marine Scientific Research and the Marine Environment

Chapter 12. The Future under International Law of Geoengineering, by Sherry Broder
Chapter 13. Institutional Interplay on Marine Biodiversity beyond National Jurisdiction, by Yasuko Tsuru

Part IV: The Trajectory of UNCLOS Jurisprudence

Chapter 14. Standard of Review and the Law of the Sea, by Jin-Hyun Paik
Chapter 15. The application of UNCLOS to Non-Party States, by Tullio Treves
Chapter 16. One Cannot Change the Wind, but Can Always Adjust the Sail, by Assunção Cristas
Chapter 17. Ever More Lines in the Sea, by Clive Schofield
Chapter 18. Responding to Changing Coasts, by Kerrylee Rogers and Clive Schofield
Chapter 19. International Navigation in the Arctic Waters, by Said Mahmoudi
This volume is aimed at international law scholars, advanced students, practitioners, and persons in nongovernmental and international organizations concerned with marine resources, ocean policy and law.
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