Science, Technology, and New Challenges to Ocean Law

Science, Technology, and New Challenges to Ocean Law offers fresh perspectives on a set of vital issues in the field of ocean law and policy. Since the early period of the industrial revolution, successive waves of revolutionary scientific discoveries and technological innovations have intensified the global population’s exploitation of ocean and coastal resources. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for sustainability and equitability. Among the topics that are analysed in these readable, accessible papers are ecosystem approaches to resource management, the historic interplay of science and military concerns, the place of science in dispute-settlement processes, the varied human uses of the seabed, the roles in ocean governance of indigenous peoples, legal issues in fisheries management and conservation, and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean. The urgent importance of the subjects addressed here, together with the variety of disciplinary approaches deployed by the authors, enhance the value of this book’s unique contribution to the literature of ocean studies.
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Biographical Note

Harry N. Scheiber is a leading scholar in the field of ocean law and policy studies. His expertise includes the historical development of fisheries management in both theory and practice, 1930s to the present; Japanese-US-Allied fisheries diplomacy and origins of modern law of the sea; and numerous issues in contemporary ocean law, especially the relationship of the Convention on Biodiversity and other agreements in the evolving expansion of Law of the Sea Convention concerns with human uses of the oceans.

James Kraska’s writings on marine security have established him as one of the leading scholars globally in this field. His recent research has also been focused upon the problems of piracy, EEZ claims, marine-expansionist policies of the PRC, and many other specialized aspects of contemporary international oceans law.

Moon-Sang Kwon is principal research scientist, Ocean Policy Institute, in the Korea Institute of Ocean Science and Technology. His research centers on maritime boundaries and general areas of the Law of the Sea, as well as on sustainability policies in marine-related issues of the small island nations.

Table of contents

List of Contributors
Acknowledgments
Introduction - Harry N. Scheiber, Director, LOSI

Part I: Adjudication

(ch. 1) Tullio Treves, “Law and Science in the Jurisprudence of the International Tribunal for the Law of the Sea”

Part II: An Historical Overview

(ch. 2) James Kraska “From the Age of Discovery to the Atomic Age: The Conflux of Marine Science, Seapower and Oceans Governance”

Part III: Ecosystem Management and Sustainability in Ocean Resources Use

(ch. 3) Ronán Long, “A European Law Perspective: Science, Technology, and New Challenges to Ocean Law”

(ch. 4) Ruth Davis and Quentin Hanich, “Developing an Equitable and Ecosystem-Based Approach to Fisheries Management”

(ch. 5) David L. VanderZwaag, “Sustaining Atlantic Marine Species at Risk: Scientific and Legal Coordinates, Sea of Governance Challenges”

(ch. 6) Justin Rose, “Implementing the Nagoya Protocol in Pacific Island Countries”

Part IV: Resource Challenges Above and Below the Oceans

(ch. 7) Kathryn Mengerink, “The Deep Ocean: Advancing Stewardship of the Earth’s Largest Living Space”

(ch. 8) Tara Davenport, “Submarine Communications Cables and Science: A New Frontier in Ocean Governance?”

(ch. 9) Maria Gavouneli, “Offshore Energy: Troubled Waters in the Eastern Mediterranean Sea”

(ch. 10) Alexander Proelss, “International Legal Challenges Concerning Marine Scientific Research in the Era of Climate Change”

(ch. 11) Richard J. McLaughlin, “‘Idle Iron’ versus ‘Rigs-to-Reefs’: Surviving Conflicting Policy Mandates in the Gulf of Mexico”


Part V:
Regional Issues: The Arctic and the South China Sea

(ch. 12) Clive Schofield, “Dividing and Managing Increasingly International Waters: Delimiting the Bering Sea, Strait and Beyond”

(ch. 13) Jordan Diamond, “The Role of Indigenous Peoples in Managing Offshore Arctic Resources”

(ch. 14) Jun Zhao, “China’s Emerging Arctic Strategy and the Framework of Arctic Governance”

(ch. 15) Joel C. Coito, “Boundary Conflict: The China-Philippines Confrontation over the Scarborough Reef, and the Viability of UNCLOS Dispute Resolution Procedures”

Part VI:
Enforcement in Ocean Management Regimes

(ch. 16) Stuart Kaye, “Combating Illegal and Unauthorized Fishing: An Assessment of Contemporary Practice”


Part VII:
(ch. 17) A Remembrance of Stefan A. Riesenfeld
John Briscoe

Index

Readership

This volume is aimed at international law scholars, advanced students, practitioners, and persons in nongovernmental and international organizations concerned with marine resources, ocean policy and law.

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