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Author: Sarah Louise Lothian Publisher: Taylor & Francis ISBN: 1000619192 Category : Law Languages : en Pages : 214
Book Description
This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
Author: Sarah Louise Lothian Publisher: Taylor & Francis ISBN: 1000619192 Category : Law Languages : en Pages : 214
Book Description
This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
Author: Ingvild Ulrikke Jakobsen Publisher: BRILL ISBN: 9004324089 Category : Law Languages : en Pages : 451
Book Description
Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
Author: Mark Zacharias Publisher: Routledge ISBN: 1351216201 Category : Nature Languages : en Pages : 399
Book Description
This book provides readers with a foundation in policy development and analysis, describing how policy, including legal mechanisms, are applied to the marine environment. It presents a systematic treatment of all aspects of marine policy, including climate change, energy, environmental protection, fisheries, mining and transportation. The health of marine environments worldwide is steadily declining, and these trends have been widely reported. Marine Policy summarizes the importance of the ocean governance nexus, discussing current and anticipated challenges facing marine ecosystems, human activities, and efforts to address these threats. This new, fully revised edition has been updated throughout, including content to reflect the recent advances in ocean management and international law. Chapters on shipping, energy/mining and integrated approaches to ocean management have been significantly reworked, plus completely new chapters on the United Nations Convention on the Law of the Sea, and the impacts of climate change have been added. Pedagogical features for students are included throughout. Aligned with current course offerings, this book is an ideal introduction for undergraduates and graduate students taking marine affairs, science and policy courses.
Author: Nilufer Oral Publisher: Martinus Nijhoff Publishers ISBN: 9004250867 Category : Law Languages : en Pages : 321
Book Description
In Regional Co-operation and Protection of the Marine Environment under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices.
Author: Vito De Lucia Publisher: BRILL ISBN: 9004506365 Category : Law Languages : en Pages : 469
Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Author: Michael Bowman Publisher: Kluwer Law International B.V. ISBN: 9041108637 Category : Law Languages : en Pages : 350
Book Description
This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Author: Howard Schiffman Publisher: BRILL ISBN: 904742395X Category : Law Languages : en Pages : 296
Book Description
Reservations and veto mechanisms found in marine conservation agreements have contributed to the decline of living ocean resources. This book chronicles their use in the history of key marine conservation and management regimes and examines the evolving legal framework that informs, and potentially limits, their use.
Author: Simon Marr Publisher: BRILL ISBN: 9004481508 Category : Law Languages : en Pages : 267
Book Description
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
Author: Erika Techera Publisher: Routledge ISBN: 1136637389 Category : History Languages : en Pages : 313
Book Description
Marine Environmental Governance: From International Law to Local Practice considers the relationship between international environmental law and community-based management of marine areas. Focusing on small island states, in which indigenous populations have to a large extent continued to maintain traditional lifestyles, this book takes up the question of how indigenous customary law and state-based legislation can be reconciled in the implementation of international environmental law. Including a range of case studies, as well as detailed comparative analysis, it pursues an interdisciplinary approach to legal pluralism 'in practice' that will be of considerable interest to environmental lawyers, legal anthropologists, conservation biologists and those working in the area of community-based conservation.
Author: Rosemary Rayfuse Publisher: Edward Elgar Publishing ISBN: 1789909082 Category : Law Languages : en Pages : 493
Book Description
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
Author: Sarah Louise Lothian
Author: Sarah Louise Lothian
Author: Ingvild Ulrikke Jakobsen
Author: Mark Zacharias
Author: Nilufer Oral
Author: Vito De Lucia
Author: Michael Bowman
Author: Howard Schiffman
Author: Simon Marr
Author: Erika Techera
Author: Rosemary Rayfuse