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Frontiers in International Environmental Law: Oceans and Climate Challenges
Essays in Honour of David Freestone
Frontiers in International Environmental Law explores how law and legal scholarship has responded to some of the most important oceans and climate governance challenges of our time. Using the concept of the frontier, each contributor provides a unique perspective on the way that we can understand and can shape the development of law and legal institutions to better protect our marine environment and climate system, and reduce conflicts in areas of legal uncertainty. The authors show how different actors influence legal development, and how legal transitions occur in marine spaces and how change influences existing legal regimes. They also consider how change creates risks for the protection of vulnerable environment, but also opportunities for creative thinking and better ways of governing our environment.
Richard Barnes is Professor of International Law at the University of Lincoln. He has published widely on law of the sea, including
Law of the Sea: Progress and Prospects (2005) and
Property Rights and Natural Resources (2009).
Ronán Long is Director of the WMU-Sasakawa Global Ocean Institute and Nippon Foundation Professorial Chair of Ocean Governance & the Law of the Sea at the World Maritime University in Sweden. He has published widely on matters of ocean governance including: the law of the sea, the law of climate change, EU law, as well as on multilateral diplomacy and dispute resolution.
Ronán Long is Director of the WMU-Sasakawa Global Ocean Institute and Nippon Foundation Professorial Chair of Ocean Governance & the Law of the Sea at the World Maritime University in Sweden. He has published widely on matters of ocean governance including: the law of the sea, the law of climate change, EU law, as well as on multilateral diplomacy and dispute resolution.
Foreword
Marie Jacobsson
Acknowledgements
Figures and Table
Notes on Contributors
Table of Cases
Table of Treaties and Other Instruments
Introduction
1 Frontiers in Law and legal Scholarship
Richard Barnes and Ronán Long
PART 1
Frontier Actors
2 Water and Soil, Blood and Oil
Demarcating the Frontiers of Australia, Indonesia and Timor-Leste
David Dixon
3 From Laggards to Leaders
The Evolving Role of the Private Actors in the International Climate Regime
Charlotte Streck
4 Shared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions
David M. Ong
PART 2
Frontiers as Transitional Spaces
5 International Law Obligations of States in Undelimited Maritime Frontier Areas
Robin Churchill
6 A New Frontier in the Law of the Sea? Responding to the Implications of Sea Level Rise for Baselines, Limits and Boundaries
Clive Schofield
7 Climate Change and Sea Level Rise
Nature of the State and of State Extinction
Seokwoo Lee and Lowell Bautista
PART 3
Frontiers and Established Regimes
8 The Frontier in the Historical Development of the International Law of the Sea
Tullio Scovazzi
9 New Ways to Break the Ice
Emerging Approaches to the Regulation of Navigation in the Northwest Passage
Scott Davidson
10 Taming the Wild North? High Seas Fisheries in the Warming Arctic
Rosemary Rayfuse
11 From the Plastics Revolution to the Marine Plastics Crisis
A Patchwork of International Law
Nilüfer Oral
12 The Ocean and Climate Change Law
Exploring the Relationships
Daniel Bodansky
PART 4
Frontiers and Vulnerable Regimes
13 Enhancing State Responsibility from Environmental Implications of the South China Sea Dispute
Amrisha Pandey and Surya P. Subedi
14 The Contribution of the Precautionary Principle to Marine Environmental Protection
From Making Waves to Smooth Sailing?
Warwick Gullett
PART 5
Frontiers as Creative Spaces
15 The Interface of Science and Law
A Challenge to the Privileging of ‘Marine Biodiversity’ over ‘Marine Environment’
Philomène Verlaan
16 Strategic Environmental Assessment and Its Application to Marine Areas beyond National Jurisdiction
Robin Warner
17 The Sargasso Sea
An Innovative Approach to Governance in Areas beyond National Jurisdiction
Kristina M. Gjerde and Ole Varmer
18 Strengthening the Stewardship of the Sargasso Sea
David A. Balton
PART 6
New Frontiers
19 The Anthropocene, Five Discourses and Frontier Space
Ellen Hey
David Freestone
Index
Marie Jacobsson
Acknowledgements
Figures and Table
Notes on Contributors
Table of Cases
Table of Treaties and Other Instruments
Introduction
1 Frontiers in Law and legal Scholarship
Richard Barnes and Ronán Long
PART 1
Frontier Actors
2 Water and Soil, Blood and Oil
Demarcating the Frontiers of Australia, Indonesia and Timor-Leste
David Dixon
3 From Laggards to Leaders
The Evolving Role of the Private Actors in the International Climate Regime
Charlotte Streck
4 Shared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions
David M. Ong
PART 2
Frontiers as Transitional Spaces
5 International Law Obligations of States in Undelimited Maritime Frontier Areas
Robin Churchill
6 A New Frontier in the Law of the Sea? Responding to the Implications of Sea Level Rise for Baselines, Limits and Boundaries
Clive Schofield
7 Climate Change and Sea Level Rise
Nature of the State and of State Extinction
Seokwoo Lee and Lowell Bautista
PART 3
Frontiers and Established Regimes
8 The Frontier in the Historical Development of the International Law of the Sea
Tullio Scovazzi
9 New Ways to Break the Ice
Emerging Approaches to the Regulation of Navigation in the Northwest Passage
Scott Davidson
10 Taming the Wild North? High Seas Fisheries in the Warming Arctic
Rosemary Rayfuse
11 From the Plastics Revolution to the Marine Plastics Crisis
A Patchwork of International Law
Nilüfer Oral
12 The Ocean and Climate Change Law
Exploring the Relationships
Daniel Bodansky
PART 4
Frontiers and Vulnerable Regimes
13 Enhancing State Responsibility from Environmental Implications of the South China Sea Dispute
Amrisha Pandey and Surya P. Subedi
14 The Contribution of the Precautionary Principle to Marine Environmental Protection
From Making Waves to Smooth Sailing?
Warwick Gullett
PART 5
Frontiers as Creative Spaces
15 The Interface of Science and Law
A Challenge to the Privileging of ‘Marine Biodiversity’ over ‘Marine Environment’
Philomène Verlaan
16 Strategic Environmental Assessment and Its Application to Marine Areas beyond National Jurisdiction
Robin Warner
17 The Sargasso Sea
An Innovative Approach to Governance in Areas beyond National Jurisdiction
Kristina M. Gjerde and Ole Varmer
18 Strengthening the Stewardship of the Sargasso Sea
David A. Balton
PART 6
New Frontiers
19 The Anthropocene, Five Discourses and Frontier Space
Ellen Hey
David Freestone
Index
This book will be of interest to students, academics and practitioners in the law of the sea, international environmental law and international law generally.