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Series:

Clive R. Symmons

The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—¬such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.

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

In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.

High Seas Governance

Gaps and Challenges

Series:

Edited by Robert C. Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun

High Seas Governance: Gaps and Challenges identifies gaps and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.

The Future of Ocean Governance and Capacity Development

Essays in Honor of Elisabeth Mann Borgese (1918-2002)

Edited by International Ocean Institute - Canada

The International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI.
More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation.
The essay collection is aimed at professionals, students and citizens alike – covering themes that parallel those in the annual Training Program of IOI-Canada. A leading member of the International Ocean Institute's network of centers and focal points worldwide, IOI-Canada was founded by Elisabeth Mann Borgese in 1979.

Stress Testing the Law of the Sea

Dispute Resolution, Disasters & Emerging Challenges

Edited by Stephen Minas and Jordan Diamond

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

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Edited by Keyuan Zou

'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The situation of global marine commons is not that optimistic in that fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons. A most important global treaty is the 1982 United Nations Convention on the Law of the Sea (LOSC), which came into effect in 1994. It governs the high seas, international seabed and its resources, marine environmental protection, and fisheries.


Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.

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Edited by Aldo Chircop, Scott Coffen-Smout and Moira L. 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 recent legal and policy instruments.

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.

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Edited by Intl. Tribunal for the Law of the Sea

This volume of Pleadings, Minutes of Public Sittings and Documents contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The M/V “Norstar” Case (Panama v. Italy), Preliminary Objections. The documents are reproduced in their original language.

The Tribunal delivered its Judgment on 4 November 2016. It is published in the ITLOS Reports 2016.

Le présent volume de Mémoires, procès-verbaux des audiences publiques et documents reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant l’ Affaire du navire « Norstar » (Panama c. Italie), exceptions préliminaires. Les documents sont publiés dans la langue originale utilisée.

Le Tribunal a rendu son arrêt le 4 novembre 2016. L’arrêt est publié dans le TIDM Recueil 2016.