Legal Regimes for Environmental Protection

Governance for Climate Change and Ocean Resources

In Legal Regimes for Environmental Protection Hans-Joachim Koch, Doris König, Joachim Sanden and Roda Verheyen offer important new insights into legal questions on climate change at a regional level and the legal instruments available to address environmental problems on critical maritime topics. An international group of eminent authors put forward proposals for solving legal challenges in International Law, European Law and domestic law. Important themes including national climate protection law regulations (e.g. in the U.S.A., the EU, China and South Africa), regulations on International Fisheries, Mariculture and Environmental Protection, Regional Fisheries Management Organisations, Overfishing and Ocean Governance are addressed. This volume is of particular relevance for academic and practicing lawyers with an interest in the recent legal discussions on climate change law and Environmental Law of the Sea.
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Biographical Note

HANS-JOACHIM KOCH is Professor at Hamburg University (em. 2010) and is a founder of the Research Centre for Environmental Law. From 2002-2008 he was chairman of the German Advisory Council on the Environment (SRU), and, since 2005 has been Chairman of the Association for Envrionmental Law (Gesellschaft für Umweltrecht). DORIS KÖNIG, M.C.L. held the Claussen-Simon-Foundation Chair of International Law at Bucerius Law School Hamburg, where she was Dean from 2012 to 2014. Since June 2014 she is Judge at the Federal Constitutional Court. Her main research interests are in the fields of European Integration Law, the International Law of the Sea, International Environmental Law in relation to International Economic Law and the International Law of Human Rights. JOACHIM SANDEN is Deputy of Directorate-General Environmental Protection in the Ministry of Urban Development and Environment of the Free and Hanseatic City of Hamburg and Extraordinary Professor at Leuphana University Lueneburg. His main research interests are in the fields of International, European and German Environmental Law. RODA VERHEYEN is an attorney in private practice with a focus on environmental and planning law. Her academic interest is in climate change law and the context between development, finance and environment. She has an extensive background in international law and the making of international agreements.

Table of contents

Introduction Hans-Joachim Koch, Doris König A. Current National and Regional Climate Protection Law I. General Remarks CHAPTER 1: Global Warming Continues, International Climate Politics Keeps Failing Mojib Latif II. National Climate Protection Law: A Basis for International Success CHAPTER 2: The Sleeping Giant Awakes: US Actions to Mitigate Climate Disruption David Driesen CHAPTER 3: Climate Change and the Law in Japan Yukari Takamura CHAPTER 4: Climate and Energy Policy in the EU and Germany at a Crossroads Simon Marr CHAPTER 5: Climate Change Law in China: Is Renewable Energy Law an Effective Tool for Combating Climate Change? Nengye Liu CHAPTER 6: Climate Change, Law and Development in Africa: A Reflection on Selected Aspects, Relations and Responses Oliver C. Ruppel B. Marine Environmental Protection and World Nutrition I. General Remarks CHAPTER 7: The Current State of International Fisheries and the Protection of Extensively Overfished Fish Stocks Manfred Niekisch, Markus Salomon, Stefanie Jung CHAPTER 8: Mariculture and Environmental Protection – Problems and Regulatory Strategies Jorge Bermúdez Soto CHAPTER 9: Regional Fisheries Management Organisations and their Efforts and Measures to Regulate Fishing Activities Rosemary Rayfuse II. Overfishing CHAPTER 10: A New Basic Regulation for the EU Common Fisheries Policy: A Post-Reform Inventory Till Markus CHAPTER 11: Enforcement Issues in Norwegian Fisheries Law Tore Henriksen CHAPTER 12: New Steps in the Control of Illegal, Unreported and Unregulated Fishing Gabriela A. Oanta III. Mariculture CHAPTER 13: Licensing and Permit Requirements: Norway Martin Bryde CHAPTER 14: Licensing and Permit Requirements: Scotland Matthew Gubbins CHAPTER 15: Product-Related Regulation: Certification of Mariculture Products Magreet van Vilsteren CHAPTER 16: Discussion Summary Working Group: Mariculture Arndt Schmehl IV. Ocean Governance CHAPTER 17: The Evolving Framework for International Navigation in the Arctic Aldo Chircop CHAPTER 18: Compliance with the UN Convention on the Law of the Sea: Problems and Prospects Robin Churchill CHAPTER 19: A Jurisprudential Reflection on Marine Environmental State Jurisdiction Bénédicte Sage-Fuller CHAPTER 20: Regional Cooperations in Marine Environmental Law Dorota J. Englender C. Conclusion CHAPTER 21: Conclusion Joachim Sanden, Roda Verheyen INDEX


Lawyers and academics interested in Climate Change, Shipping, Environmental Hazards and in International Environmental Law.