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Christopher C. Joyner

Antarctica and the Southern Ocean cover one-tenth of the earth's surface. In a legal and environmental sense, Antarctica represents the geography of hope. It is the freshest and most pristine of regions, governed by a legal regime that offers Antarctica and its circumpolar water the unique possibility of becoming the world's first global wilderness preserve.
But in today's age of resource scarcity, Antarctica still provokes much political, economic and legal debate. Over the past decade, international attention has increasingly focused on the legal status of the continent, the potential for hydrocarbon exploitation offshore, and opportunities for harvesting circumpolar living marine resources. In this fascinating treatment, Christopher C. Joyner undertakes the first serious examination of the intimate relationship between Antarctica and the law of the sea. Using Antarctica as a case study, Joyner probes large conceptual issues of ocean law and politics. He uses the intricate details of oceanography and law to unravel the dynamics of the Antarctic Treaty System. In doing so, he examines how the changing importance of Antarctic issues has affected the development of the law of the sea for the region, the ways in which states define their national interests, and the accommodation through various negotations that have contributed to the development of law for governing the Southern Ocean.
While the study of law for the Antarctic is provocative in itself, this work goes much farther. The study critically analyzes the region's biogeography, the condition of sovereignty on the continent, the lawfulness of asserting jurisdictional zones offshore, and various legal implications for Antarctica's continental shelf, local island groups, circumpolar deep seabed, and the Southern Ocean's high seas. Moreover, the special legal efforts by the international community to protect the Antarctic seas from marine pollution and to conserve its living marine resources are comprehensively appraised.
Thorough, authoritative, and objectively reasoned, Antarctica and the Law of the Sea provides an insightful assessment of how law can progressively develop for a resource-rich region of the world's ocean. As such, it should appeal to a broad range of international lawyers and social scientists who are interested in international relations, political economy, environmental politics, and the law of the sea.

Christopher C. Joyner

Abstract

The Spratly Islands archipelago has become pivotal as a strategic, economic and political asset in the South China Sea. This situation has become particularly evident since the end of the Cold War, as the Spratlys have been used by six littoral states as legal basepoints to project claims over strategic sea-lanes, fishery waters and submarine hydrocarbon resources in the South China Sea. The claimant state having predominant military and economic influence in the region is China, which has used military force on occasion to substantiate its claims. It is not inconceivable that the dispute over the Spratlys could lead to military conflict. Successful settlement of sovereignty disputes for the Timor Gap area, Antarctica and the Svalbard archipelago provide models for creating a joint resource development authority to promote regional co-operation among Spratly claimants. The most critical ingredient for mitigating tensions in the South China Sea is the political willingness of Spratly claimants, especially China, to make dispute settlement happen.

Christopher C. Joyner

Edited by Christopher C. Joyner and Sudhir K. Chopra

Alejandro Alvarez von Gustedt and Christopher C. Joyner

Abstract

Canada's seizure of the Spanish fishing vessel Estai in March 1995 touched off severe political tensions between Canada and the European Community. Known as the "Turbot War", the dispute arose over quota levels agreed to by the Northwest Atlantic Fisheries Organization for turbot stocks in fishing grounds straddling the high seas beyond Canada's proclaimed 200-mile national fishery zone. While underscoring tensions between coastal states and foreign fishing nations, this dispute became a diplomatic catalyst for the promulgation in August 1995 of a special UN Convention on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Stocks. The "Turbot War" thus highlighted the utility of regional fishery organizations in monitoring and enforcing international fishing regulations and strengthened the international regulatory framework for managing straddling stocks under the 1982 LOS Convention.