Ocean Law Debates

The 50-Year Legacy and Emerging Issues for the Years Ahead

The UN Convention on the Law of the Sea (UNCLOS), signed in 1982 and going into force in 1994, was the product of intensive international debates from the 1950s onward. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. In Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, distinguished authors analyze the content of these debates, providing both historical perspectives and keen analyses of present-day issues. Several chapters focus on the contributions to debates over half a century’s time by the Law of the Sea Institute, including the controversies involving maritime delimitation issues, creation of marine fisheries law, and responses to the manifold challenges posed by dramatic advances in science and technology. Complementing these historical perspectives, a section of five chapters offers critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction. Finally, the volume offers diverse perspectives on the implementation and judicial interpretation of UNCLOS, international whaling regulation, Arctic regional issues, seabed mining problems, the geopolitics of Marine Protected Area declarations, and the role of the IMO in responding to climate change.
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Biographical Note

Harry N. Scheiber, (Ph.D., Cornell University, D.Jur.hon., Uppsala University) is Director Emeritus of the Law of the Sea Institute, and Riesenfeld Chair Professor and Chancellor’s Professor of Law and History, Emeritus, School of Law, University of California, Berkeley.

Nilufer Oral is a member of the law faculty at Istanbul Bilgi University where she teaches classes on international environmental law and climate change. Dr. Oral served as a climate change negotiator for the Turkish Foreign Ministry between 2009 and 2016. She was elected as member of the International Law Commission (2017-2021).

Moon-Sang Kwon, Ph.D. in Law (Law of the Sea), is Project Manager (Principal Research Scientist), Ocean Policy Institute/ Korea Institute of Ocean Science and Technology and President, the Korea Society of Ocean Policy.

Table of contents

Acknowledgements List of Illustrations List of Abbreviations List of Contributors Introduction

Part 1: Fifty Years of Ocean Law Debates: The Law of the Sea Institute

1 The Law of the Sea Institute: A New Forum for Debate of Ocean Law in the 1960s “Decade of Uncertainty”Harry N. Scheiber 2 The losi in Hawai’i: Ocean Law and Policy Debates, 1977–96Sherry Broder 3 Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 YearsClive Schofield 4 A Legacy of Stewardship for the Public Order of the Oceans: A Memorial Tribute to William T. BurkeCraig Allen 5 Lewis M. Alexander, Modern Master Marine of the Law of the SeaJohn Briscoe

Part 2: Perspectives on unclos

6 The Strategic Foundations of the Law of the SeaJames Kraska 7 Small States in the Decision-Making Process of unclos iii Willy Østreng 8 Special Address: iuu Fishing and the International Tribunal for the Law of the Seain-Hyung Paik 9 Special Address: On the Challenges to Stability and to the Rule of Law in Implementation of unclos Bernard Oxman

Part 3: The European Union’s Record in Sustainable Management of Marine Resources

10 Regulating and Managing Marine Fisheries Resources: Five Decades of Triumph and Failure in the European UnionRonán Long

Part 4: Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction ( abnj )

11 Freedom of the High Seas or Protection of the Marine Environment? A False DichotomyNilufer Oral 12 Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National JurisdictionKristina Gjerde 13 Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific OceanRobin Warner 14 Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless SeaDavid VanderZwaag 15 Changes in the Law of Marine Genetic Resources in the abnj and under unclos Su Jin Park

Part 5: New Developments (and Challenges) in the Arena of Ocean Law

16 Defining “Serious Harm” and “Harmful Effects” for Deep Seabed Mining in the AreaKathryn Mengerink 17 Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime OrganizationDaniel Bodansky 18 Perspectives on the International Court of Justice Ruling in the “Whaling in the Antarctic” CaseAnastasia Telesetsky, Seokwoo Lee and Hee Eun Lee 19 Conservation or Claim? The Motivations for Recent Marine Protected AreasDavid C. Caron and Stephen Minas Index

Readership

International Law scholars and practitioners, ocean law specialists (academic and in practice), students in advanced law school and university seminars, professionals in government, and the libraries of academic institutions and governments.

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