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In: Unresolved Issues and New Challenges to the Law of the Sea
In: Recent Developments in the Law of the Sea and China


Freedom of navigation on the high seas and the exclusive jurisdiction of the flag state are well-accepted norms of customary international law. This chapter will evaluate the legal framework under the law of the sea for the exercise of jurisdiction and control over the activities of non-state entities on the high seas, with a focus on the protection of the environment for marine scientific research activities, the laying of cables and pipelines, construction of artificial islands and other installations, and activities of vessels in relation to non-state entities. It will also examine the current status of these activities in relation to the negotiation of an international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (bbnj).

In: High Seas Governance
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.

The international straits of the world have generated intense demands and claims since the advent of seafaring and the early development of the Law of the Sea. Demands of access and control over these intense spaces continues to implicate the power and wealth of nations and all oceans users. The contemporary normative straits regime is a product of customary law, and specialized and general conventions. The regime regulates the rights and duties of coastal states and vessels over these potential chokepoints and, owing to new demands, it is under enhanced stress. The post-9-11 security environment and the resurgence of piracy have elevated the defense demands of maritime powers and coastal States. Non-state actors, including private armies, have acquired an enhanced capability to limit access to straits. Environmental concerns have created an added dimension of complexity to these narrow shipping lanes where coastal States increasingly demand additional regulatory measures such as mandatory pilotage and designation of PSSAs. The emergence from the current global financial crisis depends upon global trade including petroleum shipping. Most of that trade moves through the restricted ship operating areas of densely trafficked straits. Thus the public order of the oceans depends upon international straits for navigation, power and wealth. At no point in history has the erosion or reinforcement of straits norms been more critical for the world community.

This is the key moment to re-launch the series, The International Straits of the World. Books in the series will present (1) studies of individual geographic straits, and (2) studies of straits grouped by shared functions and problems. The re-launched series will revise or rewrite certain previously published books that merit more contemporary appraisal and add new straits studies.
In: Recent Developments in the Law of the Sea and China
In: Regions, Institutions, and Law of the Sea
In: Current Marine Environmental Issues and the International Tribunal for the Law of the Sea
In: Regional Co-operation and Protection of the Marine Environment Under International Law