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Series:

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.

Common Resources

Law of the Sea, Outer Space, and Antarctica

Series:

Edited by John Norton Moore

In this fourth installment of the American Classics in International Law series, John Norton Moore approaches what are generally, if perhaps misleadingly, known as “common resources” in international law. The contributions in this volume, reflecting some of the best writing in each area by American international legal scholars, cover the law of the sea, the law of outer space, and the law of Antarctica. While each is a discrete subject area, they have a shared thread of encompassing “common” areas of the oceans, space and the Antarctic continent.

From Jessup's important 1927 piece on Maritime Jurisdiction to contemporary writings on outer space law and the evolution of the Antarctic Treaty, Moore compiles a comprehensive collection of influential American scholarship spanning more than 80 years on the world's shared resources, often revealing the importance of United States foreign policy in the development of each of these areas. Brought together by an Introduction by the Editor, this volume serves as the definitive resource for the American contribution to international law and common resources.

Series:

Douglas R. Burnett and Lionel Carter

If one uses Facebook, Facetime, Skype, Netflix, or any application of the internet internationally, a submarine cable is involved. Fibre optic cables bind the world together and computer server farms, maintained by major telecom and content companies, allow vast amounts of data to be stored and retrieved from the cloud. Not often appreciated is the fact that these server locations worldwide are connected by submarine fibre optic cables. In this sense, the cloud is beneath the sea. While submarine communication cables have been in steady use since 1850, their preeminent place in the modern world has never been as dominant and personal as now. Recently, calls have mounted in the context of marine biodiversity beyond national jurisdiction (BBNJ) for centralized control of submarine cables and for express or de facto diminishment of the freedoms related to them via the United Nations Convention on Law of the Sea, that have served the world’s peoples for so long. In International Submarine Cables and Biodiversity of Areas Beyond National Jurisdiction, Douglas R. Burnett and Lionel Carter examine the time proven importance of the existing international treaties, the largely peer-reviewed science on the environmental interaction of submarine cables with high seas environments, and the current submarine cable issues in the context of the BBNJ debates.

Series:

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.

The Other Australia/Japan Living Marine Resources Dispute

Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Whaling Case

Series:

Andrew Serdy

In 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.