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Ocean Law Debates
The 50-Year Legacy and Emerging Issues for the Years Ahead
The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In
Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
Harry N. Scheiber, (Ph.D., Cornell University, D.Jur.hon., Uppsala University) is Director Emeritus of the Law of the Sea Institute, and Riesenfeld Chair Professor and Chancellor’s Professor of Law and History, Emeritus, School of Law, University of California, Berkeley.
Nilufer Oral is a member of the law faculty at Istanbul Bilgi University where she teaches classes on international environmental law and climate change. Dr. Oral served as a climate change negotiator for the Turkish Foreign Ministry between 2009 and 2016. She was elected as member of the International Law Commission (2017-2021).
Moon-Sang Kwon, Ph.D. in Law (Law of the Sea), is Project Manager (Principal Research Scientist), Ocean Policy Institute/ Korea Institute of Ocean Science and Technology and President, the Korea Society of Ocean Policy.
Nilufer Oral is a member of the law faculty at Istanbul Bilgi University where she teaches classes on international environmental law and climate change. Dr. Oral served as a climate change negotiator for the Turkish Foreign Ministry between 2009 and 2016. She was elected as member of the International Law Commission (2017-2021).
Moon-Sang Kwon, Ph.D. in Law (Law of the Sea), is Project Manager (Principal Research Scientist), Ocean Policy Institute/ Korea Institute of Ocean Science and Technology and President, the Korea Society of Ocean Policy.
Acknowledgements
List of Illustrations
List of Abbreviations
List of Contributors
Introduction
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in Hawai’i: Ocean Law and Policy Debates, 1977–96
Sherry Broder 3
Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 Years
Clive Schofield 4
A Legacy of Stewardship for the Public Order of the Oceans: A Memorial Tribute to William T. Burke
Craig Allen 5
Lewis M. Alexander, Modern Master Marine of the Law of the Sea
John Briscoe
Part 2: Perspectives on
6
The Strategic Foundations of the Law of the Sea
James Kraska 7
Small States in the Decision-Making Process of
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Willy Østreng 8
Special Address:
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Fishing and the International Tribunal for the Law of the Sea
in-Hyung Paik 9
Special Address: On the Challenges to Stability and to the Rule of Law in Implementation of
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Bernard Oxman
Part 4: Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction (
11
Freedom of the High Seas or Protection of the Marine Environment? A False Dichotomy
Nilufer Oral 12
Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction
Kristina Gjerde 13
Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean
Robin Warner 14
Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless Sea
David VanderZwaag 15
Changes in the Law of Marine Genetic Resources in the
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and under
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Su Jin Park
Part 1: Fifty Years of Ocean Law Debates: The Law of the Sea Institute
1 The Law of the Sea Institute: A New Forum for Debate of Ocean Law in the 1960s “Decade of Uncertainty” Harry N. Scheiber 2 ThePart 2: Perspectives on
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6
The Strategic Foundations of the Law of the Sea
James Kraska 7
Small States in the Decision-Making Process of
Part 3: The European Union’s Record in Sustainable Management of Marine Resources
10 Regulating and Managing Marine Fisheries Resources: Five Decades of Triumph and Failure in the European Union Ronán LongPart 4: Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction (
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)
11
Freedom of the High Seas or Protection of the Marine Environment? A False Dichotomy
Nilufer Oral 12
Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction
Kristina Gjerde 13
Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean
Robin Warner 14
Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless Sea
David VanderZwaag 15
Changes in the Law of Marine Genetic Resources in the
Part 5: New Developments (and Challenges) in the Arena of Ocean Law
16 Defining “Serious Harm” and “Harmful Effects” for Deep Seabed Mining in the Area Kathryn Mengerink 17 Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization Daniel Bodansky 18 Perspectives on the International Court of Justice Ruling in the “Whaling in the Antarctic” Case Anastasia Telesetsky, Seokwoo Lee and Hee Eun Lee 19 Conservation or Claim? The Motivations for Recent Marine Protected Areas David C. Caron and Stephen Minas Index
International Law scholars and practitioners, ocean law specialists (academic and in practice), students in advanced law school and university seminars, professionals in government, and the libraries of academic institutions and governments.