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Criminal Jurisdiction over Perpetrators of Ship-Source Pollution

International Law, State Practice and EU Harmonisation

Alla Pozdnakova

Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation provides a thorough analysis of criminal jurisdiction over the perpetrators of ship-source pollution. Criminal sanctions for discharge violations committed by sea-going vessels represent an issue of critical concern in the field of International Law, given the many devastating pollution cases which have occurred at sea, and the multitude of complications inherent in the criminal prosecution of the perpetrators of these pollution cases. The varying substantive and geographical reach of any given State’s criminal law poses unique challenges in prosecution, addressed in a comprehensive discussion which includes limitations posed by the UN Law of the Sea Convention. Additionally, consequences arising from the potential conflict between the EU harmonization measures within the field, and UNCLOS are detailed in the monograph.

Lawyers, academics, and legal researchers, will appreciate Criminal Jurisdiction over Perpetrators of Ship-Source Pollution: International Law, State Practice and EU Harmonisation as a thorough source of information on the existing rules and practice in criminal cases involving pollution violations from ships.

Fisheries Management in Areas beyond National Jurisdiction

The Impact of Ecosystem Based Law-making

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Daniela Diz Pereira Pinto

Traditional fisheries management – based on single-species – has proved to be inadequate to sustainably manage living resources, due to the highly complex structure of marine ecosystems. Recent developments in marine scientific research have indicated that the ecosystem-based approach, which takes into consideration the interdependence among species and their habitats, is the most appropriate way to sustainably manage marine living resources. Shifting from single-species approach to ecosystem-based fisheries management (EBFM) in areas beyond national jurisdiction (ABNJ) is extremely important, because species occurring in these regions are often more vulnerable to collapse than coastal species due to their biological characteristics.

Fisheries Management in Areas beyond National Jurisdiction describes recent developments of the law of the sea in light of ecosystem approach to fisheries management (EBFM) and conservation of biodiversity in marine biodiversity. Author Daniela Diz Pereira Pinto analyzes this urgent subject in light of the United Nations General Assembly’s recent mandate to initiate a process to improve upon the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, which includes the potential development of a multilateral agreement under the United Nations Convention on the Law of the Sea. The monograph interprets states obligations under the current regime, identifies governance gaps, and provides a number of recommendations and best practices that could be incorporated into a new implementing agreement to UNCLOS. A historical overview of EBFM provides useful context for the future development of a more comprehensive legal regime.

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.

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Edited by Gudmundur Alfredsson and Timo Koivurova

The Yearbook of Polar Law, is based at the Faculty of Social Sciences and Law at the University of Akureyri in Iceland and the Northern Institute for Environmental and Minority Law (Arctic Centre/University of Lapland) in Finland and covers a wide variety of topics relating to the Arctic and the Antarctic. These include:
- human rights issues, such as autonomy and self-government vs. self-determination, the rights of indigenous peoples to land and natural resources and cultural rights and cultural heritage, indigenous traditional knowledge,
- local, national, regional and international governance issues,
- environmental law, climate change, security and environment implications of climate change, protected areas and species,
- regulatory, governance and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources,
- law of the sea, the retreating sea ice, continental shelf claims,
- territorial claims and border disputes on both land and at sea,
- peace and security, dispute settlement,
- jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals, bio prospecting,
- trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law, and
- the roles and actual involvement of international organizations in the Polar Regions, such as the Arctic Council, the Antarctic Treaty System, the European Union, the International Whaling Commission, the Nordic Council, the North Atlantic Treaty Organization, and the United Nations, as well as NGOs.

This is the fourth volume of The Yearbook of Polar Law. Much of its contents is derived from the presentations made at the Fourth Akureyri Symposium on Polar Law that was held in Nuuk in Greenland 9-11 September 2011. The themes of the Fourth Symposium covered the whole gamut of polar governance related topics.

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Edited by Myron H. Nordquist

Maritime Border Diplomacy, edited by Myron H. Nordquist and John Norton Moore, examines critical issues in international maritime boundary disputes together with the important global role of Indonesia, whose maritime boundaries are imperative to its sovereign status identity. Stressing the seminal importance of the UN Convention on the Law of the Sea to world order, international experts analyze root causes of boundary disputes including historical claims and competition for natural resources. Issues of preventative diplomacy and activism in maritime affairs are explored, as are legal issues arising in the context of creating zones of cooperation in the oceans. Practical issues in fisheries and environmental management, and the volatile questions involved in the South China Sea, are detailed. The volume concludes with a substantive presentation on dispute resolution mechanisms.

Edited by Aldo Chircop, Norman Letalik, Ted L. McDorman and Susan Rolston

“Marine transport, and the law and policy within which it operates, must be seen as very similar to other international undertakings operating on a transnational scale.” These concluding words in Edgar Gold’s Maritime Transport (Lexington, 1981) aptly capture the past, present and future of the regulation of international shipping. The Regulation of International Shipping: International and Comparative Perspectives in Honor of Edgar Gold pays tribute to a mariner, legal practitioner and university teacher with a unique understanding of shipping and maritime trade.

With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute examine the public law and policy framework for international navigation, the complex relationship between shipping and the marine environment, the imperative of better protection of seafarers, and ultimately, responsible ocean use. This book includes biographical and bibliographic notes on Edgar Gold.

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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. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations.

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 Law of the Sea Convention

US Accession and Globalization

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Edited by Myron H. Nordquist, John Norton Moore, Alfred H.A. Soons and Hak-So Kim

The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management.

Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights.

Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP.

Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.

Definitions for the Law of the Sea

Terms Not Defined by the 1982 Convention

Edited by George K. Walker

Definitions for the Law of the Sea elucidates undefined terms and phrases used in The United Nations Convention on the Law of the Sea (UNCLOS) itself, as well as terms used in its analysis. Based on nearly a decade of work by the American Branch of the International Law Association’s Law of the Sea Committee, the volume provides clear definitions based on usage in the Convention, rather than geographical or geological concepts.

Over 200 terms are defined in the text, alongside analyses and commentary prepared by prominent experts in the field of oceans law. Abbreviated citation forms used throughout the volume are clarified, and relevant documents are included with updated references. Definitions for the Law of the Sea is an indispensable source for governmental officials, academics and practitioners of oceans law, and serves as a supplement to the multi-volume United Nations Convention on the Law of the Sea 1982: A Commentary.