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Brill Research Perspectives in the Law of the Sea advances scholarship in the international law of the sea with a publication that combines analysis of theoretical and conceptual frameworks, recent thematic trends, contemporary judicial decisions, and recent state practice. The publication focuses not only on global developments but also on regional and -- where appropriate -- sub-regional developments and perspectives. All areas of the law of the sea are treated, including maritime zones, navigational rights and freedoms, resource management, maritime regulation and enforcement, marine environmental management, oceans governance, and dispute resolution. Particular attention is given to those analyses and developments that are at the forefront of the law of the sea, some of which may be at the intersection with other areas of international law.

Brill Research Perspectives in the Law of the Sea's primary readership includes academics, researchers, practitioners, policy makers, educators, and graduate and undergraduate students.

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Navigation, Security and Sovereignty in the North American Arctic
In Arctic Ocean Shipping, Donald R. Rothwell assesses contemporary navigation, security and sovereignty issues in the North American Arctic. Shipping in the Arctic Ocean is becoming a critical legal, geopolitical and security issue as a result of climate change and increased interest from non-Arctic States such as China. The law of the sea provides the key legal framework for the regulation of Arctic Ocean shipping, and has been relied upon by Canada and the United States to develop the legal regime for the Northwest Passage and the Bering Strait. Navigation within the EEZ and high seas in the Arctic is also becoming more strategically significant as a result of climate change. Multiple issues are raised with respect to maritime security and the adequacy of the existing legal regime, including how Canada and the United States will respond to interest being expressed in Arctic shipping by Asian States.
In: Ocean Yearbook Online
In: The Australian Year Book of International Law Online

Abstract

The Commission on the Limits of the Continental Shelf (CLCS or the Commission) is a specialist body with a limited mandate with the potential to have a significant impact upon the dynamic of the law of the sea in coming decades as more coastal States seek to claim outer continental shelves (OCS). By the end of 2007, the Commission had received nine submissions but made only three recommendations. Many coastal States will be lodging OCS submissions in the coming years, raising issues as to the Commission's workload and capacity to efficiently consider each submission. Coastal States need to be mindful not only of the legal but also of the practical and strategic issues that are emerging in OCS submissions, including how many of them can meet the May 2009 submission cut-off. Making a partial OCS claim may be one approach. A review is undertaken of relevant State and Commission practice to date.

In: The International Journal of Marine and Coastal Law

Abstract

The polar regions are increasingly coming to the forefront of global affairs in ways that are beginning to approach the prominence given to the polar regions during the ‘heroic era’ of exploration at the beginning of the twentieth century. This contemporary focus is, however, very much upon governance and the capacity of the existing and future legal frameworks to govern the Antarctic and Arctic effectively. This article revisits foundational research undertaken in 1992–1993 and reassesses the impact of the polar regions upon the development of international law. Particular attention is given to environmental management, living and nonliving resource management, the regulation and management of maritime areas, and governance mechanisms and frameworks. The article seeks to critically assess whether the existing legal frameworks that operate in Antarctica and the Arctic are capable of dealing with their increasing globalisation, or whether there will be a need for new legal and governance regimes to be developed to address twenty-first century challenges.

In: The Yearbook of Polar Law Online
In: Ocean Yearbook Online