Frontiers in International Environmental Law: Oceans and Climate Challenges

Essays in Honour of David Freestone

Frontiers in International Environmental Law explores how law and legal scholarship has responded to some of the most important oceans and climate governance challenges of our time. Using the concept of the frontier, each contributor provides a unique perspective on the way that we can understand and can shape the development of law and legal institutions to better protect our marine environment and climate system, and reduce conflicts in areas of legal uncertainty. The authors show how different actors influence legal development, and how legal transitions occur in marine spaces and how change influences existing legal regimes. They also consider how change creates risks for the protection of vulnerable environment, but also opportunities for creative thinking and better ways of governing our environment.

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Richard Barnes is Professor of International Law at the University of Lincoln. He has published widely on law of the sea, including Law of the Sea: Progress and Prospects (2005) and Property Rights and Natural Resources (2009).

Ronán Long is Director of the WMU-Sasakawa Global Ocean Institute and Nippon Foundation Professorial Chair of Ocean Governance & the Law of the Sea at the World Maritime University in Sweden. He has published widely on matters of ocean governance including: the law of the sea, the law of climate change, EU law, as well as on multilateral diplomacy and dispute resolution.
Foreword
Marie Jacobsson

Acknowledgements
Figures and Table
Notes on Contributors
Table of Cases
Table of Treaties and Other Instruments

Introduction

1 Frontiers in Law and legal Scholarship
  Richard Barnes and Ronán Long

PART 1
Frontier Actors

2 Water and Soil, Blood and Oil
Demarcating the Frontiers of Australia, Indonesia and Timor-Leste
  David Dixon

3 From Laggards to Leaders
The Evolving Role of the Private Actors in the International Climate Regime
  Charlotte Streck

4 Shared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions
  David M. Ong

PART 2
Frontiers as Transitional Spaces

5 International Law Obligations of States in Undelimited Maritime Frontier Areas
  Robin Churchill

6 A New Frontier in the Law of the Sea? Responding to the Implications of Sea Level Rise for Baselines, Limits and Boundaries
  Clive Schofield

7 Climate Change and Sea Level Rise
Nature of the State and of State Extinction
  Seokwoo Lee and Lowell Bautista

PART 3
Frontiers and Established Regimes

8 The Frontier in the Historical Development of the International Law of the Sea
  Tullio Scovazzi

9 New Ways to Break the Ice
Emerging Approaches to the Regulation of Navigation in the Northwest Passage
  Scott Davidson

10 Taming the Wild North? High Seas Fisheries in the Warming Arctic
  Rosemary Rayfuse

11 From the Plastics Revolution to the Marine Plastics Crisis
A Patchwork of International Law
  Nilüfer Oral

12 The Ocean and Climate Change Law
Exploring the Relationships
  Daniel Bodansky

PART 4
Frontiers and Vulnerable Regimes

13 Enhancing State Responsibility from Environmental Implications of the South China Sea Dispute
  Amrisha Pandey and Surya P. Subedi

14 The Contribution of the Precautionary Principle to Marine Environmental Protection
From Making Waves to Smooth Sailing?
  Warwick Gullett

PART 5
Frontiers as Creative Spaces

15 The Interface of Science and Law
A Challenge to the Privileging of ‘Marine Biodiversity’ over ‘Marine Environment’
  Philomène Verlaan

16 Strategic Environmental Assessment and Its Application to Marine Areas beyond National Jurisdiction
  Robin Warner

17 The Sargasso Sea
An Innovative Approach to Governance in Areas beyond National Jurisdiction
  Kristina M. Gjerde and Ole Varmer

18 Strengthening the Stewardship of the Sargasso Sea
  David A. Balton

PART 6
New Frontiers

19 The Anthropocene, Five Discourses and Frontier Space
  Ellen Hey

David Freestone
Index