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Submarine Cables

The Handbook of Law and Policy

Edited by Douglas R. Burnett, Robert Beckman and Tara M. Davenport

Submarine fiber optic cables are critical communications infrastructure for States around the world. They are laid on the seabed, are often no bigger than a garden hose, and transmit immense amounts of data across oceans. These cables are the backbone of the internet and phone services and underpin core State interests, such as the finance sector, shipping, commerce and banking industries. Without the capacity to transmit and receive data via submarine cables, the economic security of States would be severely compromised. Despite the fact that 95 per cent of all data and telecommunications between States are transmitted via submarine cables, there is little understanding of how these cables operate. As a result some States have developed policies and laws that undermine the integrity of international telecommunications systems. Submarine Cables: The Handbook of Law and Policy provides a one-stop-shop of essential information relating to the international governance of submarine cables. The Handbook is a unique collaboration between international lawyers and experts from the submarine cable industry. It provides a practical insight into the law and policy issues that affect the protection of submarine cables, as well as the laying, maintenance and operation of such cables. In addition, the law and policy issues in relation to other special purpose cables, such as power cables, marine scientific research cables, military cables, and offshore energy cables, are also addressed.

Series:

Maria Fogdestam Agius

In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.

Towards an International Law of Co-progressiveness, Part II

Membership, Leadership and Responsibility

Series:

Sienho Yee

Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Energy from the Sea

An International Law Perspective on Ocean Energy

Edited by Nigel Bankes and Seline Trevisanut

One of the main challenges of our time is to be able to guarantee energy supply at a reasonable price. Policy makers, international institutions and the private sector increasingly look to the oceans as a significant source of energy. The Law of the Sea provides the legal framework within which any maritime activity is performed and strikes a balance between the multiple activities that can take place simultaneously in the same maritime zone. This volume addresses some of the main legal challenges raised by the expansion of the ocean energy sector and its consequences for the relevant international normative and institutional framework. Some of the major themes explored include energy sources and the competition for marine space, energy security, private actors and corporate social responsibility, fragmentation or integration, evolution and reinforcement of international law and liability.

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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 fifth volume of The Yearbook of Polar Law. Its contents is derived from the presentations made at the Fifth Symposium on Polar Law that was held in Rovaniemi, Finland, in September 2012.

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

Series:

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.