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The Regulation of Continental Shelf Development

Rethinking International Standards

Series:

Edited by Myron H. Nordquist, John Norton Moore, Aldo Chircop and Ronán Long

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf.

The current state of continental shelf activities is explored through the following lenses:

• Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials;
• Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms;
• Comparative best practices in environmental regulation;
• Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters;
• Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS;
• Liability and compensation;
and finally,
• Unfinished business on UNCLOS III.

The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.

Water Law and Cooperation in the Euphrates-Tigris Region

A Comparative and Interdisciplinary Approach

Edited by Aysegul Kibaroglu, Adele Kirschner, Sigrid Mehring and Rüdiger Wolfrum

Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach builds on the increased attention for international water governance questions in the UN International Year of Water Cooperation (2013) to evaluate various management issues related to the Euphrates and Tigris rivers, with particular attention to the legal governing framework.

Alongside contributions by legal scholars from the respective riparian countries on the national water law, the book offers a unique interdisciplinary perspective on political, hydrological and environmental aspects of water management in the region. Additionally, the overall legal implications of water sharing and water resource management are addressed analyzed, in a critical overview. Finally, Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach serves as a comprehensive analysis of modern water law in its inclusion of comparative studies of legal and institutional aspects of water management systems in other international river basins.

Legal scholars, political scientists, specialists in conflict resolution, economists and policy-makers will find an essential new work in Water Law in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach.

The Law of the Sea and the Polar Regions

Interactions between Global and Regional Regimes

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Edited by Erik J. Molenaar, Alex G. Oude Elferink and Donald R. Rothwell

The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes.

The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.

Series:

Nilufer Oral

In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea.

Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future.

All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.

Governing Ocean Resources

New Challenges and Emerging Regimes: A Tribute to Judge Choon-Ho Park

Edited by Jon M. van Dyke, Sherry P. Broder, Seokwoo Lee and Jin-Hyun Paik

This collective work of a renowned group of scholars, Governing Ocean Resources: New Challenges and Emerging Regimes, edited by Jon M. Van Dyke, Sherry P. Broder, Seokwoo Lee and Jin-Hyun Paik, examines the current state of the Law of the Sea today, offers a variety of new approaches to the field, and serves as a tribute to the late Judge Choon-ho Park, whose profound depth of learning and indomitable spirit of optimism regarding the possibilities of reform and improvement comprised an immense contribution to the study of the Law of the Sea.

The wide range of topics covered includes Maritime Boundary Delimitations, Claims to the Extended Continental Shelf, the International Tribunal for the Law of the Sea, Military Activites in the Exclusive Economic Zone, Piracy, Fishery Management, and Climate Change.

Published under the auspices of the Law of the Sea Institute (LOSI), this important collection will be of considerable interest to scholars in the area of ocean law and marine resource management.

James Kraska and Raul Pedrozo

International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.

Series:

Edited by Aldo Chircop, Scott Coffen-Smout and Moira McConnell

Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource.

As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Key legal and policy instruments are also included.

The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.

The Yearbook is now available online. Learn more about the electronic product here.

Regions, Institutions, and Law of the Sea

Studies in Ocean Governance

Edited by Harry N. Scheiber and Jin-Hyun Paik

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.

The 1982 Law of the Sea Convention at 30

Successes, Challenges and New Agendas

Edited by David Freestone

The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN
Convention on the Law of the Sea. The book highlights some of the strengths of the legal regime established by the Convention, and reviews some of the more significant lacunae in the Convention regime. Recognizing the
significant changes that have taken place in scientific knowledge and political agendas in the thirty years since 1982, it reviews the challenges that these new agendas pose to the Convention regime.

The Contribution of International Fisheries Law to Human Development

An Analysis of Multilateral and ACP-EU Fisheries Instruments

Series:

Nienke van der Burgt

The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development–centred approach, The Contribution of International Fisheries Law to Human Development is essential reading for all those involved in the fields of international environmental law and sustainable human development.