The Future of Ocean Regime-Building

Essays in Tribute to Douglas M. Johnston

One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime,” wrote Douglas M. Johnston in his last major work published posthumously (The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns. With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers’ rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston

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Table of contents
FOREWORD
Graham Day
CO-EDITORS’ PREFACE
PART I
Douglas Millar Johnston (1931–2006) Biographical Note
Aldo Chircop, Ted L. McDorman, Susan J. Rolston and Christian L. Wiktor
Douglas M. Johnston: Postscript for a Polymath
Brian Flemming
Remembering Douglas Johnston as a Practicing Diplomat as well as a Scholar
Edward L. Miles
PART II
Introduction: Setting the Stage
Aldo Chircop, Ted L. McDorman and Susan J. Rolston
Ocean and Environmental Regime Building: Global Perspectives
The Stockholm Declaration and the Structure and Processes of International Environmental Law
Jutta Brunnée
Integration among Global Environmental Regimes: Lessons Learned from Climate Change Mitigation
Meinhard Doelle
Ocean Regimes as Refl ected in 500 Years of Multilateral Treaty-Making
John Gamble, Ryan Watson and Lauren Piera
The Law of the Sea, Marine Technology, and Global Social Justice
Jay L. Batongbacal
State Practice and Maritime Claims: Assessing the Normative Impact of the Law of the Sea Convention
Stuart Kaye
Trends in Ocean Zoning – Layers of Confusion and Approaches to Clarity
John Duff
International Straits and Navigation Routes
Transit Passage Th rough International Straits
Jon M. Van Dyke
The Establishment of a Cooperative Mechanism for the Straits of Malacca and Singapore under Article 43 of the United Nations Convention on the Law of the Sea
Robert Beckman
The Compulsory Pilotage Regime in the Torres Strait – A “Melting Pot” of Operational, Legal, and Political Considerations
Sam Bateman
Northern Sea Route Navigation: The Last Frontier?
Edgar Gold
New Standards for International Shipping
Consequences of Securing Merchant Shipping for Contractual Relations in the Carriage of Seaborne Trade
Hugh M. Kindred and Mary R. Brooks
“Making Labour History” and the Maritime Labour Convention, 2006: Implications for International Law-Making (and Responses to the Dynamics of Globalization)
Moira L. McConnell
The Contribution of the 2006 ILO Maritime Labour Convention to Global Governance
Peter B. Payoyo
Fisheries Conservation and Human Rights Protection
The Management of Internationally Shared Fish Stocks: A Law and Economics Approach
Gordon R. Munro
To Catch a Thief: Canadian Law and Practice in the Northwest Atlantic, 1992–1994
Wendell Sanford
Human Rights Aspects of Legislation in the Fisheries Sector
William R. Edeson
Marine Environmental Protection
Improving the Effectiveness of Environmental Regimes: “Consilience,” Science, and Common Sense
Shelley Lexmond
International Law and Ocean Dumping: Steering a Precautionary Course Aboard the 1996 London Protocol, but Still an Unfinished Voyage
David L. VanderZwaag and Anne Daniel
Regulation of the Dumping of Wastes at Sea: Th e Chinese Practice
Zou Keyuan
The Designation of Particularly Sensitive Sea Areas: A New Layer in the Regime for Marine Environmental Protection from International Shipping
Aldo Chircop
b>Dispute Settlement and Regional Cooperation
Third States in Maritime Delimitation Cases: Too Big a Role, Too Small a Role, or Both?
Alex G. Oude Elferink
Brokering Cooperation Amidst Competing Maritime Claims: Preventative Diplomacy in the Gulf of Th ailand and South China Sea
Clive Schofi eld and Ian Townsend-Gault
Regime-Building in East Asia: Recent Progress and Problems
Mark J. Valencia
Notes on the Historic Waters Regime and the Bay of Fundy
Ted L. McDorman
The Legacy of the Dalhousie University Ocean Studies Programme (DOSP) in the Caribbean
Carlyle L. Mitchell
b>PART III
The Publications of Douglas Millar Johnston
Christian L. Wiktor and Ted L. McDorman
INDEX
Index Card
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