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  • Author or Editor: Rozemarijn Roland Holst x
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The oceans provide a vivid illustration of the relationship between an ever-changing context and a formalistic legal framework. The 1982 UN Convention on the Law of the Sea, hailed as one of the greatest achievements of international law-making, is confronted with dramatically different present-day exigencies. Change in the Law of the Sea provides an analysis and synthesis of the mechanisms that allow this ‘old’ treaty to respond to its contemporary context, shining new light not only on how change occurs in international law, but also on how the sources of demand for change are themselves changing.

Abstract

The Ocean Cleanup is a Dutch non-profit organisation on a mission to develop and deploy pioneering technology to rid the oceans of plastic. Considering the unique nature of the activity and the technology involved, it is not immediately self-evident which international regulations are directly applicable to this novel use of the high seas. The Dutch government, however, pledged to support the endeavour, and entered into a tailor-made Agreement with The Ocean Cleanup in order to ensure that its activities are conducted in accordance with general international law on maritime safety, the protection of the marine environment, and other legitimate uses of the high seas. This article reflects critically on the parties’ choice to base the Agreement ‘by analogy’ on the Law of the Sea Convention’s provisions on marine scientific research, and analyses the relationship of its core provisions with applicable international law, as well as identifying potential gaps.

Open Access
In: The International Journal of Marine and Coastal Law
In: Change in the Law of the Sea
In: Change in the Law of the Sea
In: Change in the Law of the Sea
In: Change in the Law of the Sea
In: Change in the Law of the Sea
In: Change in the Law of the Sea
In: Change in the Law of the Sea

Abstract

This chapter introduces the background of the book, namely the Sustainable Ocean project and the research carried out therein, the workshop held in April 2018 and the aims of the book. This contribution then discusses the core concepts of the book, mainly regime interaction and ocean governance, highlights the different existing approaches and focus on how the authors of the different chapters have dealt with them. The chapter then offers some remarks on whether regime interaction in international law, and specifically in ocean governance, consists of a problem to be solved or of a phenomenon to be better understood so as to also (sometimes) be benefitted from.

In: Regime Interaction in Ocean Governance