New Knowledge and Changing Circumstances in the Law of the Sea

Series: 

Editor: Tomas Heidar
During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States.

New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

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Tomas Heidar is Judge of the International Tribunal for the Law of the Sea and Director of the Law of the Sea Institute of Iceland. He is author of numerous writings and publications and co-edited, for example, Legal and Scientific Aspects of Continental Shelf Limits (Martinus Nijhoff, 2004), Law, Science and Ocean Management (Martinus Nijhoff, 2007) and Changes in the Arctic Environment and the Law of the Sea (Martinus Nijhoff, 2010).
"New Knowledge and Changing Circumstances in the Law of the Sea is an impressive collection of scholarly contributions from leading legal and scientific experts on the challenges and opportunities presented by new scientific and technical developments on a range of ‘hot’ topics in the international law of the sea...the book aims to address the question ‘how does the law of the sea adapt to new knowledge and changing circumstances?’ Divided up into no less than eight parts, with 22 chapters, this compilation provides a valuable examination of issues across a broad spectrum of topics."

- Mitchell Lennan, PhD Researcher, Strathclyde Law School, The University of Strathclyde, Glasgow, United Kingdom, The International Journal of Marine and Coastal Law 36 (2021) 1–6.
Editor’s Preface
List of Figures and Tables
Contributors

Introduction: How Does the Law of the Sea Adapt to New Knowledge and Changing Circumstances?
Tomas Heidar

Part 1: Legal, Scientific and Technical Interplay in the Law of the Sea


1 Disputes Involving Scientific and Technical Matters and the International Tribunal for the Law of the Sea
Jin-Hyun Paik

Part 2: Marine Biological Diversity of Areas beyond National Jurisdiction: Marine Genetic Resources


2 Mind the Gap between Biological Samples and Marine Genetic Resources in Areas beyond National Jurisdiction: Lessons from Land
Sophie Arnaud-Haond

3 The Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems
Konrad Jan Marciniak

4 Marine Genetic Resources of Areas beyond National Jurisdiction and Intellectual Property Rights
Fernanda Millicay

5 BBNJ and MGRs: Practical Solutions for Benefit-Sharing
Natalie Y. Morris-Sharma

Part 3: Marine Biological Diversity of Areas beyond National Jurisdiction: Conservation and Management Tools and the Question of Fisheries


6 Options for Marine Protected Areas under a New Agreement on Marine Biodiversity of Areas beyond National Jurisdiction
Veronica Frank

7 Fisheries and Areas beyond National Jurisdiction: Advancing and Enhancing Cooperation
Richard Barnes

Part 4: Disputes Concerning the Delimitation and Delineation of the Continental Shelf beyond 200 Nautical Miles


8 Disputes Concerning the Delimitation of the Continental Shelf beyond 200 Nautical Miles
Leonardo Bernard and Clive Schofield

9 Obligations of States in Disputed Areas of the Continental Shelf
Sean D. Murphy

10 Joint Development in Continental Shelf Areas beyond 200 Nautical Miles
Vasco Becker-Weinberg

11 More Disputes Ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure
Signe Veierud Busch

Part 5: Seafloor Highs


12 Seafloor Highs in Article 76 of the Law of the Sea Convention
A Scientific Introduction and Some Comments on CLCS Practice
Walter R. Roest

13 Submarine Ridges and Submarine Elevations under the Law of the Sea Convention: A Further Look
Kevin A. Baumert and Larry Mayer

14 The Case of Reykjanes Ridge
Helga Gudmundsdottir

15 Classification of Seafloor Highs in the Central Arctic Ocean
Bjørn Kunoy

Part 6: Deep Seabed Mineral Resources and the Marine Environment


16 Environmental Impacts of Deep Seabed Mining
Matthias Haeckel, Annemiek Vink, Felix Janssen and Sabine Kasten

Part 7: Climate Change and the Legal Effects of Sea Level Rise


17 Climate Change and the Legal Effects of Sea Level Rise: An Introduction to the Science
Larry Mayer

18 The Effects of Sea Level Rise on Baselines and Outer Limits of Maritime Zones
Alfred H.A. Soons

19 Effects of Sea Level Rise on Agreements and Judgments Delimiting Maritime Boundaries
Snjólaug Árnadóttir

20 Legal and Political Considerations on the Disappearance of States Due to Sea Level Rise
Christina Hioureas and Alejandra Torres Camprubí

Part 8: The Central Arctic Ocean Fisheries Agreement


21 Implementing the New Arctic Fisheries Agreement
David Balton

22 The CAOF Agreement: Key Issues of International Fisheries Law
Erik J. Molenaar
All those interested in following developments in the law of the sea, such as practitioners, post-graduate students, ministries, law firms, universities, institutes and libraries.