Public international law: law of the sea Books

Book SynopsisGovernance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States examines potential cooperative mechanisms for balancing rights and interests of Arctic States and user States in light of experiences with Southeast Asian cooperative mechanisms. This volume analyzes the applicable international regulatory framework with special attention to the roles of the International Maritime Organization and the Arctic Council. The rights, interests, positions and practice of Arctic coastal States are compared with those of user States, with particular emphasis on China, Japan and South Korea. The final chapters analyze cooperative arrangements in Southeast Asia, in order to explore if these could act as models to enhance cooperation among coastal States and user States in the Arctic.Table of ContentsForeword Acknowledgements List of Figures List of Abbreviations List of Contributors Part 1: Background and Context 1 The Changing Maritime Arctic and New Marine Operations  Lawson W Brigham 2 The Arctic, the Arctic Council, and the Law of the Sea  Erik J Molenaar 3 The Rights, Interests and Role of the Arctic Council Permanent Participants  Dalee Sambo Dorough Part 2: The Role of the IMO 4 The IMO, its Role under UNCLOS and its Polar Shipping Regulation  Aldo Chircop 5 The Polar Code and its Adequacy  J Ashley Roach Part 3: Rights, Interests, Positions and Practice of Arctic Coastal States 6 Russia  Jan Jakub Solski 7 Canada and the United States  Donald R Rothwell 8 Norway, Denmark (on behalf of Greenland) and Iceland  Tore Henriksen Part 4: Rights, Interests, Positions and Practice of User States 9 Rights, Interests, Positions and Practices of Asian Flag States, with Special Reference to the Republic of Korea  Deukhoon (Peter) Han and Sung-Woo Lee 10 Equal Treatment and Non-Discrimination for User States  Guifang (Julia) Xue & Yu Long 11 The Rights and Interests of Japan in regard to Arctic Shipping  Kentaro Nishimoto Part 5: Cooperative Mechanisms for the Governance of Shipping 12 The Cooperative Mechanism for the Straits of Malacca and Singapore  Robert Beckman and Sun Zhen 13 Oil Spill Preparedness and Response—The Singapore Experience  Captain M Segar 14 Conclusions on Challenges and Prospects for Enhanced Cooperation on the Governance of Arctic Shipping  Robert Beckman, Tore Henriksen, Kristine Dalaker Kraabel, Erik J Molenaar and J Ashley Roach Index

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Book SynopsisIn 2000, the case brought by Australia and New Zealand against Japan's unilateral experimental fishing programme for southern bluefin tuna controversially failed to reach the merits for lack of the arbitral tribunal’s jurisdiction. It was widely supposed that it would ultimately have failed anyway because of international courts’ reluctance to consider scientific matters, the dispute's underlying cause being the parties' scientific disagreements regarding both the tuna stock itself and the nature and risks of the experiment. In 2014, however, the ICJ decided in Australia's favour the case against Japan's scientific whaling, based on flaws in the design of that experiment. Reviewing the tuna experiment's evolving design, the propositions it was to (dis)prove and the use Japan intended for that proof, Andrew Serdy suggests that similar factors were at play in both disputes and that a similar outcome of the tuna case, though not inevitable, would have been amply justified.Trade Review"Serdy’s monograph re-examines the merits of the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), in which an arbitral tribunal constituted under Annex VII of the 1982 United Nations Convention on the Law of the Sea (the LOSC) declined to proceed to the merits on the basis that it lacked jurisdiction. [..] The monograph draws the reader’s attention to the new perspectives that the Whaling case provides concerning the judicial review of allegedly scientific programmes targeting marine living resources." - Valentin Johannes Schatz, Research Associate, Chair of Public International Law, University of TrierTable of ContentsThe Other Australia/Japan Dispute on Living Marine Resources: Inferences on the Merits of the Southern Bluefin Tuna Arbitration in Light of the Decision in the Whaling Case Andrew Serdy Faculty of Business, Law and Art University of Southampton 1 Introduction 2 The Whaling case judgment 3 Southern bluefin tuna: the fish 4 Historical overview of the Japanese SBT fishery 5 First interactions 6 The state of the stock 7 The first quotas and their subsequent reduction 8 Gestation of the dispute – interpretation of CPUE 9 Impasse in the CCSBT 10 Japan’s experimental fishing 11 The relevant law identified in the Statements of Claim 12 The ITLOS hearing and Order 13 The parties’ arguments before the Annex VII Arbitral Tribunal 14 The Annex VII Arbitral Tribunal’s Award on jurisdiction 15 Resolution of the dispute a The SBT Scientific Research Program b Japanese commercial catch affected by the ITLOS Order c The new-old quota of 2003 16 Issues left unresolved because the case did not go to the merits a Possible damaging admissions by Japan in the Indian Ocean Tuna Commission b Best scientific evidence (design of the experimental fishing programme and analysis of its results) c The allegation that Japan’s experimental fishing was commercially motivated d Decision-making in the CCSBT and the duty of cooperation e The relationship between conservation and optimum utilisation 17 Concluding observations APPENDIX SBT fishery science Maximum sustainable yield – the surplus production model of fisheries Virtual population analysis Scientific advice to managers

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Book SynopsisThe 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.Table of ContentsAcknowledgements 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, 1977–96  Sherry Broder 3 Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 Years  Clive Schofield 4 A Legacy of Stewardship for the Public Order of the Oceans: A Memorial Tribute to William T. Burke  Craig Allen 5 Lewis M. Alexander, Modern Master Marine of the Law of the Sea  John Briscoe Part 2: Perspectives on unclos 6 The Strategic Foundations of the Law of the Sea  James 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 Sea  in-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 Union  Ronán 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 Dichotomy  Nilufer Oral 12 Perspectives on a Development Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction  Kristina Gjerde 13 Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean  Robin Warner 14 Governance of the Arctic beyond National Jurisdiction: Cooperative Currents, Restless Sea  David 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 Area  Kathryn Mengerink 17 Regulating Greenhouse Gas Emissions from Ships: The Role of the International Maritime Organization  Daniel Bodansky 18 Perspectives on the International Court of Justice Ruling in the “Whaling in the Antarctic” Case  Anastasia Telesetsky, Seokwoo Lee and Hee Eun Lee 19 Conservation or Claim? The Motivations for Recent Marine Protected Areas  David C. Caron and Stephen Minas Index

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Book SynopsisThis volume contains the pleadings, minutes of sittings and other documents from: The “Enrica Lexie” Incident (Italy v. India), Provisional Measures. Le présent volume contient les pièces de procédure, les procès-verbaux des audiences et d’autres documents relatifs à : L'incident de l'« Enrica Lexie » (Italie c. Inde), mesures conservatoires.

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Book SynopsisIf one uses Facebook, Facetime, Skype, Netflix, or any application of the internet internationally, a submarine cable is involved. Fibre optic cables bind the world together and computer server farms, maintained by major telecom and content companies, allow vast amounts of data to be stored and retrieved from the cloud. Not often appreciated is the fact that these server locations worldwide are connected by submarine fibre optic cables. In this sense, the cloud is beneath the sea. While submarine communication cables have been in steady use since 1850, their preeminent place in the modern world has never been as dominant and personal as now. Recently, calls have mounted in the context of marine biodiversity beyond national jurisdiction (BBNJ) for centralized control of submarine cables and for express or de facto diminishment of the freedoms related to them via the United Nations Convention on Law of the Sea, that have served the world’s peoples for so long. In International Submarine Cables and Biodiversity of Areas Beyond National Jurisdiction, Douglas R. Burnett and Lionel Carter examine the time proven importance of the existing international treaties, the largely peer-reviewed science on the environmental interaction of submarine cables with high seas environments, and the current submarine cable issues in the context of the BBNJ debates.

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Book SynopsisIn The Exploitation of Marine Genetic Resources in Areas beyond National Jurisdiction, Valérie Wyssbrod identifies the legal regime applicable to these promising resources aimed at developing new products. The author then addresses the questions of establishing a specific new regime and several alternatives. Dans L’exploitation des ressources génétiques marine hors juridiction nationale, Valérie Wyssbrod détermine le régime juridique actuellement applicable à ces ressources prometteuses pour le développement de nouveaux produits. Elle traite ensuite de l’établissement d’un nouveau régime spécifique et de ses alternatives.Table of ContentsAvant-propos Foreword Préface Liste des figures Table des abréviations Introduction Partie 1: Contexte général Préambule 1 Les ressources génétiques d’un point de vue scientifique  i Introduction  ii La notion biologique de « ressources génétiques »  iii La notion biologique de « ressources génétiques marines »  iv Les différents écosystèmes contenant des ressources génétiques marines  v Conclusion 2 Les enjeux découlant de l’exploitation des ressources génétiques marines  i Introduction  ii L’exploitation des ressources génétiques marines et la pêche classique  iii Les ressources génétiques et les biotechnologies  iv L’utilisation des ressources génétiques marines  v Les enjeux politiques de la réglementation de l’exploitation des ressources génétiques marines issues d’espaces situés au-delà des zones sous juridiction nationale des États  vi Conclusion Partie 2: Le cadre juridique existant Préambule 3 Notions juridiques  i Introduction  ii Res nullius et res communis  iii La notion de liberté de la haute mer  iv Le concept de « patrimoine commun de l’humanité »  v Conclusion 4 Les ressources génétiques d’un point de vue juridique  i Introduction  ii La notion juridique de ressources génétiques  iii La notion juridique de « ressources génétiques marines »  iv Conclusion 5 Le droit des brevets  i Introduction  ii Les brevets selon l’Accord sur les Aspects des Droits de Propriété Intellectuelle qui touchent au Commerce (adpic) (1994)  iii La brevetabilité des ressources génétiques  iv La brevetabilité des ressources génétiques marines  v Conclusion 6 Le droit spécifique à la diversité biologique  i Introduction  ii La Convention sur la Diversité Biologique  iii Les Lignes directrices de Bonn en tant qu’instrument de soft law  iv Le Protocole de Nagoya  v L’Organisation des Nations Unies pour l’alimentation et l’agriculture  vi La Convention sur le commerce international des espèces de faune et de flore sauvages menacées d’extinction (cites)  vii Conclusion 7 Le droit de la mer  i Introduction  ii La Convention des Nations Unies sur le droit de la mer (cnudm) 1982  iii Les accords relatifs à l’application de la Convention des Nations Unies sur le droit de la mer  iv Le Traité sur l’Antarctique  v Les commissions internationales et régionales des pêches  vi Conclusion 8 Les régimes juridiques des ressources marines en dehors de la juridiction nationale des etats  i Introduction  ii La réglementation de la recherche scientifique marine  iii La réglementation des ressources biologiques (pêche)  iv La réglementation des ressources minérales  v La réglementation des objets archéologiques  vi Conclusion 9 Le régime juridique applicable aux ressources génétiques marines  i Introduction  ii Le régime applicable aux ressources génétiques sur un territoire sous juridiction nationale  iii Le régime applicable aux ressources génétiques en haute mer et sur/dans les fonds marins  iv Conclusion 10 Les écolabels  i Introduction  iii Les types d’écolabels  iv La protection des écolabels  v Conclusion Partie 3: Un nouveau regime et ses alternatives Préambule 11 La création d’un nouveau régime  i Introduction  ii Un régime unique pour les ressources génétiques des grands fonds marins et de la colonne d’eau  iii La forme du nouveau régime juridique  iv Les avantages et les désavantages d’un nouveau régime  v Les modèles du nouveau régime juridique  vi Les principaux axes du régime  vii La gestion et l’application du régime  viii Conclusion 12 Application d’un autre régime existant  i Introduction  ii Les difficultés relatives à l’amendement de la Convention des Nations Unies sur le droit de la mer  iii Les alternatives à un nouveau régime  iv Conclusion 13 Les mesures de soft law  i Introduction  ii Utiliser un instrument de Soft Law  iii Les avantages et les désavantages de la soft law pour l’exploitation des ressources génétiques marines  iv Conclusion 14 La mise en place d’un ecolabel  i Introduction  ii Créer un écolabel pour les produits à base de ressources génétiques marines  iii Le choix du type d’écolabel et sa protection par la marque  iv Les avantages et les inconvénients du système des écolabels  v Conclusion Conclusion Annexe 1: Table des définitions Annexe 2: Schéma taxinomique Bibliographie Index

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Book SynopsisLegal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.Table of ContentsPreface  Jan Eliasson Acknowledgements Introduction Part: Featured Studies The United Nations Convention on the Law of the Sea: One of the Greatest Achievements in the International Rule of Law  John Norton Moore Part 1: Ocean Affairs and the Law of the Sea at the un 1 Evolutionary Character of International and European Law: Linking Sustainability with Environmental Responsibility and Marine Ecosystem Restoration under the European Union’s Ocean Governance Agenda  Ronán Long 2 The Common Heritage of Mankind in the Proposed Implementing Agreement  Dire Tladi 3 Update on the bbnj Negotiations  J. Ashley Roach 4 Climate Change and the Oceans: Navigating Legal Orders  Karen N. Scott Part 2: The Area and the International Seabed Authority 5 Exploration and Exploitation of Ocean Mineral Resources: The Role of Sponsoring States  Rena Lee 6 unclos Article 82: A Review and the Hurdles to Implementation  Wylie Spicer, Q.C. and Elizabeth McIsaac 7 Fostering Technological Change for Sustainable Harvesting of Ocean Mineral Resources in a Volatile Global Environment  Kris Van Nijen Part 3: The International Tribunal for the Law of the Sea 8 itlos at Twenty: Reflections on Its Contribution to Dispute Settlement and the Rule of Law at Sea  Jin-Hyun Paik 9 The Seabed Disputes Chamber: Moving Forward  Frida M. Armas-Pfirter 10 Maritime Boundary Disputes and Compulsory Dispute Settlement: Recent Developments and Unresolved Issues  Robert Beckman and Christine Sim Part 4: The Commission on the Limits of the Continental Shelf 11 Setting the Context: The Scientific Aspects of Article 76  Larry Mayer and David Mosher 12 Towards Establishing a Stable Regime for Seabed Jurisdiction: The Role of the Commission  Harald Brekke 13 Revisiting the Commission on the Limits of the Continental Shelf: “A Technical Body in a Political World”  Ted L. McDorman 14 Paragraph 5(a) of Annex i to the Rules of Procedure of the Commission on the Limits of the Continental Shelf: Solution to a Problem or Problem without a Solution?  Alex Oude Elferink Part 5: Sustainable Fisheries, Including UN Fish Stocks Agreement 15 Sustainable Fisheries: The Legal Regime of the 1995 United Nations Fish Stocks Agreement and Its Contribution to Subsequent Developments Promoting Sustainable Fisheries  André Tahindro 16 Ocean Governance for Sustainable Fisheries  Stefaan Depypere 17 The Importance of Marine Science in Sustainable Fisheries: The Role of the 1995 un Fish Stocks Agreement  Alf Håkon Hoel Part 6: Operational Implementation: Maritime Compliance and Enforcement 18 Achieving Global Maritime Compliance through Regional Cooperation  Admiral Charles D. Michel and Commander Scott Herman 19 Turkey’s Maritime Compliance and Enforcement of International Law of the Sea, Particularly Irregular Migration in the Aegean Sea Region  Hakan Karan 20 Operating Unmanned Surface Vessels at Sea: Is International Law Ready for the Future?  Anthony Morrison and Stuart Kaye 21 China’s Maritime Law Enforcement Practice in the South China Sea: Challenges and Prospects  Wu Shicun Index

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Book SynopsisIn Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution – long the foundation of the UNCLOS framework – in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.Table of ContentsDedication Foreword: Reflections on Forty Years of the Law of the Sea   In Memoriam: David D. Caron Acknowledgments Figures /b> Notes on Contributors Introduction: The Law of the Sea and the Challenges of Transnational Governance  Stephen Minas, Jordan Diamond and Holly Doremus Part 1: Stress Testing unclos Dispute Resolution 1 The Role of the International Tribunal for the Law of the Sea in Global Ocean Governance  Vladimir Golitsyn 2 Contested Sovereignty over Land Territory and Maritime Zones  Pierre-Emmanuel Dupont 3 Arbitrating Maritime Disputes: Evolving Approaches to Maritime Features and Third Party Interests in unclos Arbitration  Robert G. Volterra Professor 4 Navigating Uncharted Procedural Waters in a Rising Sea of Cases at the Permanent Court of Arbitration  Judith Levine and Garth L. Schofield 5 itlos at 20: Provisional Measures and the Precautionary Approach  Mubarak A. Waseem 6 Certain Controversial Issues in the Development of the International Law of the Sea  Keyuan Zou 7 The South China Sea Arbitration and the China-Philippines Relations Beyond the Award  Vasco Becker-Weinberg Professor Part 2: The Interface of unclos and Emerging Environmental, Disaster & Energy Challenges 8 Interpreting the Dispute Settlement Limitation on Fisheries after the Chagos Marine Protected Area Arbitration  Alexandros X.M. Ntovas 9 Protection Standards for the Marine Environment: Updating Part xii of the Law of the Sea Convention?  Maria Gavouneli 10 Weathering the 21st Century: How unclos Contributes to Responses to Climate-Related Disaster Events  Anastasia Telesetsky 11 The Sendai Opportunity: Maritime Access and Cooperation for Disaster Relief  Stephen Minas 12 Rights and Obligations of States in Undelimited Maritime Areas: The Case of the Eastern Mediterranean Sea  Nicholas A. Ioannides Index

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Book SynopsisIn Sustainable Ocean Resource Governance an international group of eminent authors offer perspectives on the legal interface between sustainable economic growth, effective marine resource management and urgent environmental protection of the sea by addressing three key issues: deep sea mining, marine energy generation, and seabed pipeline and cable systems. In light of the sectoral nature of current ocean governance and the existing patchwork of management arrangements for the oceans, this book gives insights in search for a coherent and consistent sustainability approach.Table of ContentsForeword: Really a Sea Change – In Search for a Coherent and Consistent Sustainability Approach List of Contributors Part 1: Sustainable Ocean Resource Governance – The Wider Horizons 1 Opening Address  Vladimir V. Golitsyn 2 Sustainable Production of Offshore Renewable Energy: A Global Perspective  Gabriele Goettsche-Wanli 3 Sustainable Energy Generation from the Oceans  Henning Jessen 4 International Environmental Law, Sustainable Generation of Energy from the Ocean and Small Island Developing States in the Pacific  David Kenneth Leary 5 Realization of Sustainable Management/Development under the Law of the Sea Convention?  Rüdiger Wolfrum 6 Toward Sustainable Management of Marine Natural Resources  Yoshifumi Tanaka 7 Sustainable Management of Ocean Ecosystems: Some Comments  David Freestone Part 2: Sustainable Ocean Resource Governance – The Specific Fields of Application 8 The Area: Common Heritage of Mankind, Sponsoring States of Convenience and Developing States  Edwin Egede 9 State Practice in Deep Seabed Mining: The Case of the People’s Republic of China  Keyuan Zou 10 Multinational Corporations and International Environmental Liability: International Subjectivity and Universal Jurisdiction (Backs and Forths after Kiobel)  Pablo Ferrara 11 OSPAR and Coastal State Encroachment on High Seas Submarine Cab le Freedoms  Douglas R. Burnett Index

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Book SynopsisIn The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).Trade Review"For anyone interested in the issue of straits, this book is defi nitely to be counted as highly recommended literature. Based as it is on thorough research involving Estonian archival sources, taken in conjunction with more recent parliamentary and governmental documents, it provides the reader with a good sense of how intricate the determination of the precise legal category of a particular strait under Part III of the 1982 Convention can become in practice. This book, beyond a shadow of a doubt, adds new insights as to the exact legal regime applicable to these straits surrounding Estonia, which heretofore had not been covered by specialist literature in any comparable depth." - Erik Franckx, President of the Centre for International Law, Full-time Research Professor, Faculty of Law and Criminology, Vrije Universiteit BrusselTable of ContentsPreface Introduction Part 1: The Legal Categories of Straits  1 Interpretation of the Legal Categories of Straits under the losc  2 The Legal Regimes of Historic Straits, Ice-covered Straits and Sui Generis Straits  3 The Determinants of the Legal Categories of Straits Part 2: The Significance of Maritime Boundary Delimitation for the Legal Regime of the Estonian Straits 1 The Estonian-Russian Territorial Sea Boundary Delimitation in the Gulf of Finland  1 The Maritime Area in the Gulf of Finland Subject to Delimitation between Estonia and the Russian Federation  2 Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area  3 Estonian-Russian Negotiations on the Maritime Boundary in the Gulf of Finland  4 Delimitation of the Territorial Sea by the Equidistance-Special Circumstances Rule  5 The Significance of Islands for the Maritime Boundary Delimitation and for the Viro Strait’s Legal Regime 2 The Boundary Delimitation between Finland and the Soviet Union in the Gulf of Finland  1 emsp;The Existence of the Russian eez in the Gulf of Finland  2 emsp;The Acknowledgment of the Existence of the Russian eez in the Gulf of Finland 3 The Estonian-Latvian Boundary Delimitation in the Gulf of Riga  1 The Estonian-Latvian Negotiations on the Maritime Boundary in the Gulf of Riga  2 Pre-existing Agreements Pertaining to the Delimitation of the Maritime Area  3 Pre-Existing Agreements on the Status of Ruhnu Island  4 The Status of Ruhnu Island under Article 7(1) of the losc  5 Delimitation in the Gulf of Riga  6 The eez in the Gulf of Riga Part 3: The Significance of the Outer Limits of Maritime Zones for the Legal Regime of the Estonian Straits 1 The Irbe Strait in the Gulf of Riga  1 The Characteristics of the Irbe Strait  2 Straits of the Gulf of Riga Linking Two Parts of an eez  3 The Domestic Law of Estonia and Latvia on the Passage Rights of Warships and Other Foreign Vessels Used for National Non-commercial Purposes  4 The Legal Framework Applicable to the Irbe Strait  5 The Legal Framework Applicable to the Irbe Strait de lege ferenda 2 The Viro Strait in the Gulf of Finland  1 The Characteristics of the Viro Strait  2 The 1994 Agreement on the eez Corridor in the Gulf of Finland and Its Impact on the Domestic Legislation of Estonia and Finland  3 The eez Corridor in the Viro Strait under Articles 35(b) and 36 of the losc  4 The Viro Strait in the Context of a Potential Transit Passage Regime Part 4: The Significance of Long-Standing Treaties and the Legal Regime of Sui Generis Straits for the Viro Strait  1 The Legal Framework of the Viro Strait under Previous International Agreements  2 The Estonian Supreme Court’s 1932 Interpretation of the Purpose of the 1925 Treaty between Estonia, Finland and the Soviet Union  3 The Soviet Union’s Reaction to the 1932 Judgment and the Following Decision of the Estonian Government on the Freedom of Navigation in the Gulf of Finland  4 The Legal Effect of the 1925 and 1926 Trilateral Treaties from 1940 to 1991  5 The Relationship of the 1994 Agreement on the eez Corridor to the 1925 and 1926 Trilateral Treaties Prior to Finland’s 2010 Withdrawal  6 The Termination of the 1925 and 1926 Trilateral Treaties Part 5: The Significance Of Domestic Law On the Internal Waters and State Continuity for the Legal Regime of the Sea of Straits  1 The Characteristics of the Sea of Straits  2 The Sea of Straits under the Potential Regime of Transit Passage  3 The Domestic Law of Estonia on Passage Rights in the Sea of Straits  4 The Sea of Straits as Non-international Straits  5 The Applicability of the Messina Exception to the Sea of Straits Conclusion  A The Legal Categories of Straits and Their Interrelationship  B The Significance of Outer Limits of Maritime Zones for the Legal Regime of the Estonian Straits  C The Significance of Long-standing International Conventions and Sui Generis Passage Regimes for the Estonian Straits  D The Significance of Islands and Domestic Law on the Internal Waters for the Legal Regime of the Estonian Straits  E The Significance of Maritime Boundary Delimitation and State Continuity for the Legal Regime of the Estonian Straits Annex 1. Maps  1 The eez Corridor in the Gulf of Finland  2 The high seas corridor in the Gulf of Finland under the 1925 and 1926 agreements  3 The 3-nm-wide territorial sea of Estonia in 1923  4 The 12-nm-wide maritime zone of Estonia in 1923  5 The maritime boundary between Estonia and Latvia  6 Latvia’s eez and the potential eez corridor in the Gulf of Riga  7 The Russian federation’s eez in the Gulf of Finland  8 Maritime boundary between Estonia and the Russian federation Annex 2. Historical Treaties  1 The 1925 Helsinki Convention for the Suppression of the Contraband Traffic in Alcoholic Liquors and its Protocol  2 The 1925 Helsinki Agreement between Estonia, Finland and the Soviet Union  3 The 1926 Moscow Protocol Bibliography  Monographs, Articles etc.  League of Nations and United Nations Publications  Chronological List of Explanatory Notes and Stenographic Records  Maritime Authorities’ Publications  Newspaper Articles and Press Releases  Miscellaneous Chronological Table of International Instruments  Treaties  International Maritime Organization Instruments  Chronological List of Declarations Table of National Legislation  Denmark’s Legislation  Estonia’s Legislation  Finland’s Legislation  Germany’s Legislation  Latvia’s Legislation  The Russian Federation’s Legislation  Sweden’s Legislation Files of the Estonian National Archives Chronological Table of Cases Chronological List of Maps Index

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Book SynopsisIn Arctic Ocean Shipping, Donald R. Rothwell assesses contemporary navigation, security and sovereignty issues in the North American Arctic. Multiple issues are raised regarding the existing legal regime and maritime security, including how Canada and the United States will respond to interest being expressed in Arctic shipping by Asian States.Table of ContentsAuthor Biography Arctic Ocean Shipping: Navigation, Security and Sovereignty in the North American Arctic  Donald R. Rothwell  Abstract  Keywords  I Introduction  II Arctic Ocean Legal Regime  III Arctic Navigation  IV Arctic Maritime Security  V Concluding Remarks  References

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Book SynopsisThe International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI. More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. The essay collection is aimed at professionals, students and citizens alike – covering themes that parallel those in the annual Training Program of IOI-Canada. A leading member of the International Ocean Institute's network of centers and focal points worldwide, IOI-Canada was founded by Elisabeth Mann Borgese in 1979.Table of ContentsForeword  Betsy Baker Foreword  Brian Flemming Editors’ Preface and Acknowledgments About the International Ocean Institute Editors’ Biographical Notes Introduction: The Future of Ocean Governance and Capacity Development  The Editors Part 1: Perspectives on Ocean Governance Introduction  Editor: Michael J.A. Butler Elisabeth Mann Borgese’s Invisible Hand in Ocean Governance: Past, Present, and Future  Awni Behnam Fragmented Governance of Our One Global Ocean  Wendy Watson-Wright and J. Luis Valdés Transdisciplinary Perspectives on Ocean Governance  Ratana Chuenpagdee Meaningful Partnerships in Meaningful Ocean Governance  Anthony Charles Ethical Dimensions of Ocean Governance  Eduardo Marone and Luis Marone Participatory Ocean Governance in Practice  Daniel E. Lane First Nations, Ocean Governance and Indigenous Knowledge Systems  Ken Paul Non-Governmental Organization Roles in Shaping Future Ocean Governance and Management  Alexandra Vance and Robert Rangeley The Ocean and China’s Drive for an Ecological Civilization  Arthur J. Hanson Part 2: Capacity Development for Responsible Ocean Governance Introduction  Editors: Dirk Werle, Scott Coffen-Smout and Michael J.A. Butler The Capacity Development Imperative: Elisabeth Mann Borgese’s Legacy  François Bailet IOI-Canada’s Ocean Governance Training Program  Michael J.A. Butler Alumni Reflections on the ioi Training Program  Igor Vio Educating the Ocean Leaders of Today for the Ocean of Tomorrow  Lawrence P. Hildebrand Alumni Reflections on the ioi Training Program  Amy Aai Sheau Ye Simulation and Scenario-based Learning  Mélanie Fournier and David Griffiths Strategic ioi Initiatives for Developing Capacity in Ocean Governance  Peter W. Leder and Daniel E. Lane Part 3: Law of the Sea and Principled Ocean Governance Introduction  Editor: Moira L. McConnell Edging Towards Principled Ocean Governance: Law of the Sea and Beyond  David L. VanderZwaag The Deep Seafloor as a Battleground for Justice?  Tirza Meyer Article 82 of unclos: A Clear Outcome of the ‘Package Deal’ Approach of the Convention Negotiation  Frida M. Armas-Pfirter The Common Heritage of Mankind: Expanding the Oceanic Circle  Prue Taylor Marine Biodiversity in Areas Beyond National Jurisdiction  David Freestone The Evolution of Scientific and Technical Methodologies in the Delimitation of Maritime Spaces  Galo Carrera Settling Maritime Boundaries: Why Some Countries Find it Easy, and Others Do Not  Michael Byers and Andreas Østhagen Legal Aspects of Climate Change  Karen N. Scott Elisabeth Mann Borgese, unclos, and the Arctic: The Power of Normative Thinking and Her Legacy  Rob Huebert The itlos Experience in Dispute Resolution  Philippe Gautier Part 4: Ocean Sciences Introduction  Editor: Peter G. Wells Health of the Ocean  Peter G. Wells Oceans, Health, and Well-being  Michael H. Depledge The Changing Ocean and the Impact of Technology: The Role of the Ocean Tracking Network, It’s Personal  Frederick Whoriskey Ocean Remote Sensing from Space: A Tale of Three Commons  Dirk Werle Large Marine Ecosystems: Their Status and Role in Ocean Governance  Kenneth Sherman Ocean Acidification in Canadian Waters  Kumiko Azetsu-Scott Ecological Change in the Oceans and the Role of Fisheries  Boris Worm Caring for the Coasts  Paul Snelgrove and Anna Metaxas Caring for the Deep Sea  Anna Metaxas and Paul V.R. Snelgrove The Role of Citizen Science in Ocean Governance  John A. Cigliano Part 5: Integrated Coastal and Ocean Management Introduction  Editor: Scott Coffen-Smout The Promise of Integrated Coastal and Ocean Management: Questioning the Past, Rethinking the Future  Lucia M. Fanning Coastal and Marine Spatial Planning: Balancing the Ecosystem Approach and the Sustainable Blue Economy  Scott Coffen-Smout Information Matters: Global Perspectives about Communication at the Science-Policy Interface  Suzuette S. Soomai and Bertrum H. MacDonald Geospatial Data Infrastructures and Ocean Governance  James Boxall Marine Protected Areas: Ensuring Effective Conservation while Pursuing Global Targets  Maxine C. Westhead Is Canada Protecting Its Marine Species at Risk?  Sean Brillant Keeping the Noise Down: Approaches to the Mitigation and Regulation of Human-Caused Ocean Noise  Lindy Weilgart Ecological Economics and the Ocean  Gabriela Sabau Sustainable Tourism and the Ocean: The Long View  Deirdre P. Shurland Ocean and Climate Change Action: Opportunities for Economic and Environmental Sustainability  Peter J. Ricketts Part 6: Fisheries and Aquaculture Introduction  Editor: Anthony Charles Scientific Basis for Fishery Policy and Management  Jake Rice Legitimacy and Effectiveness through Fisheries Co-Management  Evelyn Pinkerton Turning Aspiration to Action: Challenges of Making the Ecosystem Approach Operational in Fisheries  Mark Dickey-Collas What is the Role of the Market in Contemporary Fisheries Governance?  Megan Bailey Small-Scale Fisheries: Too Important to Fail  Ratana Chuenpagdee and Svein Jentoft iuu Fishing and Measures to Improve Enforcement and Compliance  Judith Swan The Future of Managing Fisheries and the Global Commons through Regional Fisheries Management Organizations: Steps toward Global Stewardship  Susanna D. Fuller and Kathryn E. Schleit Balancing Sustainable Tuna Resource Management and Economic Development: Small Island Developing States Perspectives  Esaroma Ledua and Joeli Veitayaki Sustainable Aquaculture: Protecting Our Oceans and Feeding the World  David Roberts Offshore Aquaculture: A Needed New Frontier for Farmed Fish at Sea  Doris Soto and Carlos Wurman Part 7: Ocean Energy Introduction  Editor: Scott Coffen-Smout Marine Renewable Energy in Canada: A Century of Consideration and Challenges  Graham R. Daborn, Haley Viehman and Anna M. Redden Environmental Culture and Mitigation Criteria for Offshore Oil and Gas Activities  Elizabeth A. MacDonald Oil and Gas: Exploration and Risk  Bruce Batstone and Susan Belford Part 8: Maritime Safety and Security Introduction  Editor: David Griffiths Security Dimensions of Ocean Governance  David Griffiths Intelligence Gathering and Espionage in the Exclusive Economic Zone: Peaceful or Not?  Hugh Williamson Marine Piracy: A Continuing Challenge  Mark Sloan Refugees at Sea  Constance MacIntosh One Hundred Years of Certitude? Disaster Response and Recovery since the Halifax Explosion  Adam Rostis Women, Communities, Resilience: What’s Not to Understand?  Murielle Provost In Search of Relief with Development  Ian McAllister Part 9: Maritime Transportation Introduction  Editor: Mary R. Brooks National Shipping Policies and International Ocean Governance  Mary R. Brooks Growth in the Shipping Industry: Future Projections and Impacts  Peter Noble Port State Control: An Important Concept in the Safety of Life at Sea, the Protection of the Marine Environment, and of Goods in Transit  Alan Knight Seafarers’ Human Rights: Compliance and Enforcement  Peter B. Payoyo Maritime Emergency Preparedness and Management  John Dalziel and Ronald Pelot The Pacing of Progress as the Secret to Success for the International Ballast Water Management Regime  Adnan Awad Arctic Shipping: Future Prospects and Ocean Governance  Jackie Dawson Autonomous Vessel Technology, Safety, and Ocean Impacts  Donald Liu Part 10: Communication and Negotiation Introduction  Editors: Paul R. Boudreau and Ian Porter Sing to Me of the Oceans, Muse: The Poetry of the Sea  Harry Thurston Journalistic Challenges in Speaking for the Ocean: A Personal Acquaintance with Elisabeth Mann Borgese  Paul Kennedy Oceans Day: A Personal Reminiscence of Its Initiation  Peter MacLellan Cetaceans in the Media: A Right Whale of a Story  Ian Porter Social Media and Twenty-First Century Public Engagement  Paul R. Boudreau The Marine People Partnership: Building a Workforce for Our Ocean Industries through Ocean Literacy  Sherry Scully Towards Ocean Peace: Resolving Disputes Cooperatively and Empathetically through Negotiations  Nayha Acharya Synthesis: Looking Ahead: Ocean Governance Challenges in the Twenty-First Century  The Editors Index

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Book SynopsisThe Åland Strait is a particularly important sea route connecting the Gulf of Bothnia with the Baltic Sea between Sweden and the Åland Islands. The Åland Strait is closely connected to the Åland Islands, which were demilitarised in the international legal treaty ending the Crimean War in the 1850s. Following World War I, the Åland Strait was also regulated by the 1921 Convention relating to the Non-fortification of and Neutralisation of the Åland Islands. This book is the first to examine passage rights in the Åland Strait according to the Law of the Sea and its long history in times of war and peace.

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Book SynopsisIn The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.Table of ContentsPreface Acknowledgments Featured Remarks The Marine Environment and UN Sustainable Development Goal 14  Arif Havas Oegroseno Biodiversity Studies  Hasjim Djalal UNCLOS 35 Years Later: We Are Still at Sea  N. Hassan Wirajuda Reflections on the Negotiation of the Law of the Sea Convention  Satya N. Nandan Part 1: Conservation and Sustainable Use of Oceans and Their Resources 1 Promoting the Conservation and Sustainable Use of the Oceans through Cooperative Decision Making  Rena Lee 2 The Conservation and Sustainable Use of Marine Biodiversity: Siamese Twins?  Liesbeth Lijnzaad 3 Toward Seafood Resilience: How to Achieve Sustainable Fisheries Development  Melda Kamil Ariadno 4 Future Opportunities and Challenges in Developing Sustainable Offshore Indonesian Fisheries  Alistair McIlgorm and Brooke Campbell Part 2: Biodiversity beyond National Jurisdiction 5 Bridging the Ocean, Water and Climate Action Goals under the 2030 Agenda on Sustainable Development  Ronán Long and Mariamalia Rodriguez Chaves 6 Realising Biodiversity Conservation and Sustainable Use in Southern Hemisphere Oceans beyond National Jurisdiction: Challenges and Prospects  Robin Warner 7 TheBBNJ PrepCom and Institutional Arrangements: The Hype about the Hybrid Approach  Kristine Dalaker Kraabel 8 The Legal Framework and Relevant Issues on the Marine Protected Areas in the Areas beyond National Jurisdiction  Su Jin Park and Ki Hyeon Kim 9 Marine Genetic Resources beyond National Jurisdiction and Sustainable Development Goals: The Perspective of Developing Countries  A. Gusman Siswandi Part 3: Status of Deep Seabed Minerals 10 Status of Deep Seabed Minerals: Introductory Remarks  Alfonso Ascencio-Herrera 11 Efforts to Enhance Deep Seabed Activities and Korean Law on Exploration for and Exploitation of Resources in the Deep Seabed Area  Seokwoo Lee and Hee Cheol Yang 12 The Role of Science for Environmental Impact Evaluation Resulting from Ocean Mining  Tomohiko Fukushima 13 The International Seabed Authority’s Publication of Revised Draft Exploitation Regulations: On the Right Track but Significant Work Remains to be Done  Steven Potter Part 4: Marine Pollution and Coastal Ecosystems 14 Marine Debris in Indonesia: State of Understanding and Ongoing Efforts in Reducing Its Impacts on Marine Habitat  Brahmantya Satyamurti Poerwadi and Abdul Muhari 15 A Perspective on Marine Pollution  Stephen A. Macko 16 A Human Rights Perspective on the Protection of Coastal Ecosystems from Land-based Marine Pollution under the United Nations Convention on the Law of the Sea  Chie Kojima Part 5: Climate Change and the Oceans 17 Ocean Acidification and Sustainable Development Goal 14: A Goal but No Target?  Karen N. Scott 18 Sea Level Rise and the Law of the Sea: Maritime Zones and Maritime Boundaries  J. Ashley Roach 19 Climate Change and the Arctic: Legal Regulations in Changing Times  Elise Johansen 20 An Overview of Ocean Acidification: Relationships  Stephen A. Macko and Christina M. Fantasia Index

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Book SynopsisA Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.Trade Review"Given the existing convergences in the development of the law of international watercourses and the law of the sea, it is somewhat surprising that no academic publication had yet attempted to examine and assess the relationship between these two areas of international law in a comprehensive manner. This gap in the legal literature is now filled by the present treatise, viewed from the perspective of the principles and institutions of peaceful dispute settlement. It is a valuable and inspiring source of information and analysis for all legal practitioners who are involved in inter-State dispute settlement, as well as for State officials working in foreign ministries and embassies, and legal scholars in the fields of international water law, international law of the sea, and international dispute settlement. There is no doubt that this book makes a particularly important contribution to international water law, international law of the sea, and international law of dispute settlement." -Alexander Proelss, in Ocean Yearbook 36, Brill | Nijhoff, 2022

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Book SynopsisThis volume contains the decisions rendered by the Tribunal in the year 2017 in English and French: The Judgment delivered on 23 September 2017 in the Dispute concerning delimitation of the maritime boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire) as well as a procedural order issued in the The M/V “Norstar” Case (Panama v. Italy). Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours de l’année 2017 : l’arrêt du 23 septembre 2017 dans le Différend relatif à la délimitation de la frontière maritime entre le Ghana et la Côte d’Ivoire dans l’océan Atlantique (Ghana/Côte d’Ivoire) ainsi qu’une ordonnance procédurale rendue dans l’Affaire du navire « Norstar » (Panama c. Italie).Table of ContentsDISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN GHANA AND CÔTE D’IVOIRE IN THE ATLANTIC OCEAN (Ghana/Côte d’Ivoire) List of cases: No. 23 Judgment of 23 September 2017  Separate Opinion of Judge Paik  Separate Opinion of Judge ad hoc Mensah THE M/V “NORSTAR” CASE (Panama v. Italy) List of cases: No. 25 Order of 15 November 2017

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Book SynopsisHigh Seas Governance: Gaps and Challenges identifies gaps in and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.Trade Review"The editors observe that UNCLOS “is intended to regulate all uses of the sea” (id.). The way it does so is illustrated by the chapters that follow. One finds citations to substantive provisions of UNCLOS (including its implementation agreements), decisions and advisory opinions rendered under its dispute settlement provisions, and actions of the International Seabed Authority established by UNCLOS. There are also citations to the rich corpus of treaties, regulations, and guidelines promulgated by or under the auspices of competent international and regional organizations established by other instruments to which UNCLOS entrusts much of its detailed implementation; some of those measures are in turn incorporated by reference into UNCLOS." "There is not only a multiplicity of functional regimes in the law of the sea but a multiplicity of international and regional organizations with responsibilities for different types of activities. Such functional allocation of responsibilities is hardly unique to international institutions. But it can pose challenges in implementing environmental objectives directed to particular outcomes…More than one chapter of the book helpfully explores how coordinated responses have emerged and can be encouraged." "What then are the “gaps”? Do they relate to the legal regime established in UNCLOS regarding the high seas or to the governance of the high seas with respect to the preservation and protection of the marine environment? What should we do about them? With what priority? The authors of the essays in this book know their topics well. For them, these are not simple questions. These questions may not even be the most pressing ones." - in: American Journal of International Law Vol. 114, no. 4 (October 2020)Table of Contents Acknowledgements  Robert Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun  List of Contributors  List of Abbreviations  List of Figures and Tables  1 Introduction  Robert Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun  2 Jurisdiction and Control over Activities by Non-State Entities on the High Seas  Nilüfer Oral  3 Mind the Gap: Marine Geoengineering and the Law of the Sea  Karen N. Scott  4 Identifying Sensitive Marine Areas in the High Seas: A Review of the Scientific Criteria Adopted under International Law  Youna Lyons  5 The Use of IMO Instruments for Marine Conservation on the High Seas  Aldo Chircop  6 Conservation and Management of Marine Living Resources beyond National Jurisdiction: Filling the Gaps  Robin Warner  7 High Seas Governance Gaps: International Accountability for Nuclear Pollution  Günther Handl  8 Liability and Compensation Regimes: Pollution of the High Seas  Nicholas Gaskell  9 Marine Pollution Preparedness, Response and Cooperation in the Arctic High Seas  Erik Røsæg  10 Conclusions  Robert Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun  Index

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Book Synopsis'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.Trade Review"This book can be an important source of literature to gain a comprehensive understanding of some of the underexplored but significant topics. It can be of immense value to legal practitioners and academics who wish to pursue research on some of the emerging areas in the law of the sea." - Mohit Gupta, in: Indian Journal of International Law 59(1–4) (2021), 489–491 "The Global Commons and the Law of the Sea provides an excellent overview of the challeneges - legal, political, and envionrmental - of managing our global ocean commons. While the focus is on the Convention on the Law of the Sea (LOSC), the 16 chapters also address the relevance of other treaties and general priciples of international law. The editor, Keyuan Zou, has brought together and eminent group of international legal experts, including from China, Japan and South Korea, providing a depth of insight that students, professors, and practiitioners of international ocean law and policy will benefit from." - Kristina M. Gjerde, Senior High Seas Advisor, IUCN Global Marina and Polar Programme, Cambridge, MA, USA, in: Ocean Yearbook 34 (Brill | Nijhoff; 2020)

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Book SynopsisThis new edition discusses the important clarifications on historic maritime claims—particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.Trade Review"Overall, Symmons’ revised “Historic Waters and Historic Rights in the Law of the Sea: A Modern Reappraisal” is a well-written, logically structured and timely contribution to the contemporary understanding of the doctrine of historic rights in the law of the sea... there is no doubt that Symmons’ book is the most authoritative and persuasive monograph on the subject of historic rights in the law of the sea. As such, it will be of helpful guidance to those involved in current and future cases before domestic or international courts and tribunals that touch upon historical claims in the maritime domain." - Valentin J. Schatz, Hamburg, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 80. Vol. 4 (2020)

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Table of ContentsContents Author Biography Joint Development of Offshore Oil and Gas Resources in the Arctic Ocean Region and the United Nations Convention on the Law of the Sea John Abrahamson  Abstract  Keywords  1 Introduction  2 Arctic Legal Framework and Governance  3 Maritime Disputes in the Arctic and Areas Suitable for JDZs  4 Joint Development Zones  5 Joint Development in the Arctic – Implementation Issues  6 Conclusions  Bibliography 93

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Book SynopsisThis book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.Table of ContentsPreface List of Tables and Maps Abbreviations Table of Cases Table of Treaties and International Instruments Table of National Instruments Glossary of Place Names Map 1: The South China Sea 1 History of the South China Sea Arbitration  1 Disputes in the South China Sea  2 Initiation of Arbitration Proceedings by the Philippines  3 China’s Rejection of the Arbitration  4 Constitution of the Arbitral Tribunal  5 Designation of the Permanent Court of Arbitration as Registry  6 China’s Default of Appearance  6.1 Default of Appearance in Historical Perspective  6.2 The Consequences of Default of Appearance  7 The Politics of Arbitration  8 The Proceedings  8.1 The Written Proceedings  8.2 The Decision on Bifurcation  8.3 The Hearing on Jurisdiction and Admissibility  8.4 The Final Submissions  8.5 The Award on Jurisdiction and Admissibility  8.6 The Hearing on Outstanding Questions of Jurisdiction and Admissibility and the Merits  8.7 Post-hearing Proceedings  8.8 The Final Award  9 Costs of the Arbitration  10 The Parties’ Position on the Arbitral Award 2 The Philippines’ Statement of Claim  1 Introduction  2 Lack of Jurisdiction of the Arbitral Tribunal  2.1 Limited Subject-Matter Jurisdiction  2.1.1 Lack of Dispute between the Parties  2.1.2 Subject-Matters outside the Jurisdiction of the Tribunal  2.2 Ipso Jure Limitations on Jurisdiction  2.3 Optional Exceptions to Jurisdiction  3 Inadmissibility of the Claims  3.1 Obligation to Exchange Views  3.2 Commitment to Other Means of Dispute Settlement  4 Other Objections of a Preliminary Character  4.1 Indispensable Third Parties  4.2 Abuse of Legal Process  5 Conclusion 3 The Award on Jurisdiction and Admissibility  1 Introduction  2 Jurisdiction of the Arbitral Tribunal  2.1 Dispute Concerning the Interpretation or Application of the Convention  2.1.1 Existence of a Dispute  2.1.2 Nature of the Dispute  2.2 Indispensable Third Party  2.3 Obligation to Exchange Views  2.3.1 Purpose and Content of the Obligation  2.3.2 Exchange of Views with Regard to the Subject-Matter of Individual Submissions  3 Admissibility of the Claims  3.1 New Claims  3.1.1 Formal Amendment of the Statement of Claim  3.1.2 Introduction of New Claims  3.2 Hypothetical Disputes  3.2.1 Assumption of Chinese Sovereignty over Scarborough Shoal  3.2.2 Assumption of Chinese Sovereignty over All Islands in the Spratly Islands  4 Procedural Questions  4.1 Deferment of Unclear Submissions  4.2 Conditional Findings of Jurisdiction  4.3 Classification of Objections as Not Possessing an Exclusively Preliminary Character  4.3.1 The Options to Deal with Preliminary Objections  4.3.2 Determining the Character of a Preliminary Objection  4.3.3 The Tribunal’s Treatment of Possible Objections to Its Jurisdiction  4.4 Production of New Documents  5 Conclusions 4 The Final Award  1 Introduction  2 Jurisdiction of the Arbitral Tribunal  2.1 Disputes over Claims Involving Historic Titles  2.1.1 Historic Titles, Historic Waters and Historic Rights  2.1.2 Meaning of ‘Historic Titles’ in Article 298(1)(a)(i) unclos  2.1.3 Misrepresentation of China’s Claim as a Claim to Historic Rights to the Living and Non-living Resources within the Nine-Dash Line  2.1.4 China’s Claim to Territorial Sovereignty over the Spratly Islands since Ancient Times  2.1.5 Ancient Title to the Spratly Islands Archipelago  2.1.6 The Relationship between Historic Waters of Archipelagos and unclos  2.1.7 Disputes over Claims to Historic Waters of Archipelagos as Disputes Involving Historic Title  2.1.8 Conclusion  2.2 Disputes Relating to Sea Boundary Delimitation  2.2.1 Chinese Maritime Zones Based on the Spratly Islands Archipelago  2.2.2 Chinese Maritime Zones Based on Individual High-Tide Features in the Spratly Islands  3 Admissibility of Claims and the Exhaustion of Local Remedies  4 Procedural Questions  4.1 The Principle of Non Ultra Petita  4.2 Last-Minute Judicial Fact-Finding  5 Conclusions 5 Beyond the South China Sea Arbitration  1 Possible Aftereffects of the Philippines’ Tactical Admissions  1.1 Introduction  1.2 The Tactical Admission of Chinese Sovereignty over Scarborough Shoal  1.3 Tactical Admissions and the Principle of Good Faith  1.4 Legal Effects of Tactical Admissions  1.4.1 Binding Unilateral Declaration  1.4.2 Estoppel by Conduct  1.4.3 Legitimate Expectations  1.4.4 Preclusion of Inconsistent Positions  1.4.5 Weakening of the Contrary Position  1.5 Conclusion  2 The ‘Finality’ of the Tribunal’s Final Award  2.1 Introduction  2.2 Meaning of Finality of Arbitral Awards  2.3 Lack of Finality of Judicial Pronouncements on International Law  2.4 Means to Call into Question the Substantive Finality of Arbitral Awards  2.4.1 International Legislation  2.4.2 Conflicting State Practice  2.4.3 Subsequent Agreements between the Parties  2.4.4 Diverging Decisions by Other Courts and Tribunals  2.5 State Reactions Calling into Question the Finality of the Findings on Article 121(3) unclos  2.5.1 Silence or Outright Opposition to the Tribunal’s Findings  2.5.2 Partisan Endorsements of the Tribunal’s Findings  2.5.3 Continuing Contrary State Practice  2.6 Previous Jurisprudence Calling into Question the Finality of the Findings on Article 121(3) unclos  2.7 Conclusion Bibliography Index

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Book SynopsisIn Global Maritime Safety & Security Issues and East Asia, Suk Kyoon Kim offers a multi-disciplinary perspective on various issues of maritime safety and security, focusing on East Asia. Ranging from the definitions of maritime safety and security, this book provides insights on a wide range of maritime safety and security regimes and issues.Table of ContentsPreface List of Illustrations 1 Defining Maritime Safety and Security  I  Safe Uses of the Sea  II  Understanding of Maritime Safety and Security  III  Maritime Safety and Security Domains 2 Legal Framework for Maritime Safety and Security and IMO Law-Making  I  Introduction  II  Legal Framework for Maritime Safety and Security in the UNCLOS  III  Institutional Structure of the IMO and Its Roles  IV  The IMO International Law-Making Process  V  Enforcement by Flag, Coastal, and Port State  VI  Status of IMO Conventions and Related Legal Instruments  VII  Conclusion 3 Safety of Navigation and Port State Control  I  Introduction  II  Principal Regulations Governing the Safety of Navigation  III  Ships and Navigational Safety Measures  IV  Safety Measures to Prevent Marine Pollution  V  Overview of Port State Control  VI  Regional PSC Regimes  VII  Conclusion 4 Maritime Terrorism and the SUA Convention Regime  I  Introduction  II  The Nature of Maritime Terrorism  III  Objectives and Methods of Maritime Terrorism  IV  Maritime Terrorist Organizations  V  The SUA Convention Regime  VI  Conclusion 5 Contemporary Piracy: Nature and Reality  I  Emergence of Contemporary Piracy  II  Definitions of Piracy and their Distinction from other Unlawful Acts at Sea  III  Typology of Contemporary Piracy  IV  Aspects of Contemporary Piracy Attacks: Trends, Features and Violence  V  Costs of Piracy  VI  Global Counter-Piracy Efforts and Policy Reponses  VII  Efforts of East Asian Countries to Combat Piracy  VIII  Conclusion 6 ISPS Code and Port & Cargo Container Security  I  Introduction  II  Adoption of the ISPS Code  III  Regulations of the ISPS Code  IV  Implementation of the ISPS Code of East Asian Countries  V  U.S. Maritime Security Legislations  VI  U.S. Port and Cargo Container Security Programs  VII  Conclusion 7 Enforcement of Proliferation Security Initiative (PSI) and Challenges  I  Evolution of the Proliferation Security Initiative  II  Nature of the PSI  III  Interdiction Principles and Participation in the PSI  IV  The PSI and International Law  V  Enforcement of Interdictions  VI  Challenges to the PSI  VII  Conclusion 8 Growing Roles of Coast Guards in East Asia  I  Introduction  II  Overview of Coast Guards in East Asia  III  Roles and Duties of Coast Guards  IV  Status of Coast Guard Ships in International Law: Rights and Responsibilities  V  Build-Ups of Coast Guards in East Asia  VI  Reinforcement of Major Coast Guards in East Asia  VII  Conclusion 9 Conclusion Index

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Book SynopsisThe Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.Trade Review"This space where fewer men have walked than on the moon is crucially important for human societies. If it is becoming the object of growing industrial appetites, it is also the crucible of a life that is as surprising as it is fragile and which undoubtedly holds part of our future. To manage it is therefore a priority, to avoid destroying it before even knowing it. This book allows us to take stock, with the hindsight that the scientific approach offers us. We need to welcome it." - Isabelle Autissier, sailor, navigator, writer, President of WWF-France "This book will be an indispensable tool for future legal research. It covers, with a contemporary legal and multi-disciplinary approach, the seabed beyond and within national jurisdiction focusing more on the regimes than on the limits of the seabed zones. Environmental aspects, new utilizations and conflicting uses of the seabed play an important role. Unusually, domestic practice is also considered. The book shows that the on-going negotiation on biodiversity beyond national jurisdiction cannot be seen in isolation. The Norwegian and international team of authors and the editor have done an outstanding work on a very topical subject." -Tullio Treves, Former judge of the International Tribunal for the Law of the Sea, Professor Emeritus, State University of Milan, ItalyTable of ContentsPreface  Rolf Einar Fife List of Illustrations List of Abbreviations Notes on Contributors Introduction: The Law of the Seabed  Catherine Banet part 1: Defining the Seabed 1 Characterizing the Seabed: a Geoscience Perspective  Alvar Braathen and Harald Brekke 2 Deep-Sea Ecosystems: Biodiversity and Anthropogenic Impacts  Eva Ramirez-Llodra 3 A Short Human History of the Ocean Floor  Håkon With Andersen part 2: Delimitation of Jurisdiction Over the Seabed and Right to Its Resources 4 Setting Maritime Limits and Boundaries: Experiences from Norway  Harald Brekke 5 The Seabed in the High North – How to Address Conflicts?  Alexander S. Skaridov 6 Current Human Impact on Antarctic Seabed Environment and International Law  Y.E. Brazovskaya and G.F. Ruchkina part 3: Exploitation of Non-Living Resources from the Seabed beyond National Jurisdiction 7 Commercial Mining Activities in the Deep Seabed beyond National Jurisdiction: the International Legal Framework  Joanna Dingwall 8 Framework Legislation for Commercial Activities in the Area  Erik Røsæg 9 Maritime Security and Deep Seabed beyond National Jurisdiction  Edwin Egede part 4: Exploitation of Marine Biodiversity and Living Resources on the Seabed beyond National Jurisdiction 10 The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations  Tullio Scovazzi 11 Marine Genetic Resources: a Practical Legal Approach to Stimulate Research, Conservation and Benefit Sharing  Morten Walløe Tvedt 12 Deep-Sea Bottom Fisheries and the Protection of Seabed Ecosystems: Problems, Progress and Prospects  Richard Caddell part 5: Principles Applicable to Sovereign States When Exploiting Seabed Resources within National Jurisdiction 13 Review of National Legislations Applicable to Seabed Mineral Resources Exploitation  Saul Roux and Catherine Horsfield 14 European Union Law and the Seabed  Finn Arnesen, Rosa Greaves, and Alla Pozdnakova 15 China’s Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas  Chelsea Zhaoxi Chen 16 Implementation of Article 82 of the United Nations Convention on the Law of the Sea: the Challenge for Canada  Aldo Chircop part 6: Building, Operating and Removing Installations on and under the Seabed 17 The Use of Sub-Seabed Transboundary Geological Formations for the Disposal of Carbon Dioxide  Nigel Bankes 18 Decommissioning of Offshore Installations: a Fragmented and Ineffective International Regulatory Framework  Seline Trevisanut 19 Re-using (Nearly) Depleted Oil and Gas Fields in the North Sea for CO2 Storage: Seizing or Missing a Window of Opportunity?  Martha M. Roggenkamp 20 International Investment Law and the Regulation of the Seabed  James Harrison 21 Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands  Jaap J.A. Waverijn part 7: Conflicting Uses or Coexistence, Resolving Mechanisms and Protection Regimes: Towards a More Integrated Approach 22 Crossing the Sectoral Divide: Modern Environmental Law Tools for Addressing Conflicting Uses on the Seabed  Rosemary Rayfuse 23 Commercial Arrangements and Liability for Crossing Pipelines, Power Cables and Telecom Cables (Connectors) on the Seabed  Lars Olav Askheim 24 Balancing Competing Interests When Building Marine Energy Infrastructures: the Case of the Nord Stream Pipelines  David Langlet 25 Liability and Compensation for Activities in the Area  Kristoffer Svendsen

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Book SynopsisRegulation on Navigation of Foreign Vessels: Asia-Pacific State Practice focuses on one of the most contentious and diverse subject areas of the international law of the sea: foreign vessel rights of navigation in national waters. Featuring contributions from leading scholars in the law of the sea, the book is organized in four parts in accordance with the geography of the Asia-Pacific region: Northeast Asia; Southeast Asia; North America; and Australasia. The volume examines the divergence and uniformity of state practice and legal cultures impacting the legislation concerning oceans and ocean activities.

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Book SynopsisBaselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.Table of ContentsBaselines under the International Law of the Sea: Reports of the International Law Association Committee on Baselines under the International Law of the Sea  Coalter G. Lathrop, J. Ashley Roach, and Donald R. Rothwell  Abstract  Keywords  I Baselines under the International Law of the Sea (Sofia Report, 2012)  I Baselines under the International Law of the Sea (Sydney Report, 2018)

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Book SynopsisThis book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.Table of ContentsInternational Law and Sea Level Rise: Report of the International Law Association Committee on International Law and Sea Level Rise  Davor Vidas, David Freestone, and Jane McAdam Abstract Keywords  International Law Association Sydney Conference (2018): International Law and Sea Level Rise  Part I: Background  Part II: Law of the Sea Issues  Part III: Sydney Declaration of Principles on the Protection of Persons Displaced in the Context of Sea Level Rise  Annexes  Acknowledgments References Editors’ Biographical Notes

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Book SynopsisNew technologies are being introduced to address the eutrophication of the Baltic Sea. By removing or chemically treating the seabed sediments, or by mechanically increasing oxygen levels in the deep sea, it is hoped that leakage of phosphorus from the seabed can be reduced. The effectiveness of such technologies is uncertain and they are scientifically controversial. Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures explores a number of legal issues under international, European and national law raised by such 'sea-based measures' aimed at improving the environment of the Baltic Sea. In the absence of a legal framework for the measures, the work also represents a case study in how international environmental law operates when general environmental law principles represent the main legal source available. It is concluded that in view of the scientific uncertainty surrounding the technologies, such principles do not offer sufficient guidance to national permit authorities who will ultimately decide on the matter.Table of ContentsCombatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures  Henrik Ringbom, Brita Bohman and Saara Ilvessalo  Abstract  Keywords  1 Introduction  2 Applicable Legal Framework for Sea-Based Measures  3 Key Issues Raised by Sea-Based Measures  4 The Relevance and Role of National Law  5 Recent Development at HELCOM  6 Concluding Observations  List of References  Authors’ Biographical Notes

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Book SynopsisCooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.Table of ContentsPreface Acknowledgments List of Illustrations Featured Remarks Reflections on the Status and Prospects for Deep Seabed Mining in 201  Michael Lodge Reflections on the Past 25 Years of Ocean Law and Policy  David A. Balton Maritime Autonomous Surface Ships in International Law: New Challenges for the Regulation of International Navigation and Shipping  Aldo Chircop Part 1 Spotlight on Regional Cooperation 1 Military Cooperation and International Custom in the Asia-Pacific Region  John G. Hannink 2 Peace through Joint Marine and Cruise Tourism in the Disputed South China Sea Islands: Opportunities and Challenges  Yann-huei Song 3 Multilateral Cooperation in Resolving or Managing International Issues  Helmut Tuerk 4 Jurisdictional and Substantive Aspects in the Application of unclos<\sc> Article 83(3) in Recent International Decisions  Xinjun Zhang Part 2 Protection and Preservation of the Marine Environment 5 Candy and Poisons: Protecting Marine Environments While Meeting Societal Needs  Daniel Rittschof 6 The Duty to Cooperate in the Protection and Preservation of the Marine Environment  Chie Kojima 7 Environmental Impact Assessments in Protection and Preservation of the Marine Environment  Tianbao Qin and Fang Hou 8 Increasing Challenges to the Future Marine Environment  Stephen A. Macko Part 3 Freedom of Navigation 9 Freedom of Navigation: Where to Go When Political Agenda Overshadows Legal Substance  Nong Hong 10 An Archival History of the Creation and Early Implementation of the Freedom of Navigation Program  James Kraska 11 Military Activities in Foreign Exclusive Economic Zones: Identification and the Application of Law  Xinmin Ma 12 Freedom of Navigation: Practices of Vietnam  Lan-Anh T. Nguyen Part 4 Straits Governance, including Malacca/Singapore 13 The International Straits Regime: Notes on Uncertainties and “Other” Straits in the Northeast Asia-Pacific Region  Ted L. McDorman 14 Passage through Indonesian Waters on Routes Used for International Navigation  Robert Beckman and Dita Liliansa Part 5 Search and Rescue 15 Towards the Establishment of a Search and Rescue Cooperation Mechanism in the South China Sea: Regulatory Framework, Challenges and Prospects  Yubing Shi 16 Understanding the Challenge: Mass Rescue Operations at Sea  Richard Button and Tom Gorgol 17 Models for Maritime Coordination in the South China Sea: Effective National-level Coordination  Brian Wilson Part 6 Sustainable Fisheries 18 Combating iuu<\sc>: the Driving Force behind Development of International Fisheries Law?  Kuan-Hsiung Wang 19 What’s in a Name: the Importance of Distinguishing between “Fisheries Crime” and iuu<\sc> Fishing  Kathryn Youel Page and Alexis J. Ortiz Part 7 Marine Biodiversity of Areas beyond National Jurisdiction (bbnj) 20 Negotiating a New Marine Biodiversity Instrument: Reflections on the Preparatory Phase from the Perspective of the European Union  Ronán Long and John Brincat 21 bbnj: Developments since Yogyakarta  J. Ashley Roach Index

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Book SynopsisMarine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.Table of ContentsForeword Preface Acknowledgments List of Figures and Tables Notes on Contributors Featured Remarks 1 The Journey to Realisation   Rena Lee 2 The United Nations Convention on the Law of the Sea in the Present Geo- Political Situation   Hans Corell 3 Managing High Seas Through a Sui Generis   Arif Havas Oegroseno PART 1 Context—Conservation and Sustainable Use of Biological Diversity Beyond National Jurisdiction (BBNJ) 4 BBNJ Treaty Negotiations 2019   J. Ashley Roach 5 Area-Based Management Tools, Including Marine Protected Areas – Reflections on the Status of Negotiations   Lisa Eurén Höglund PART 2 Marine Genetic Resources, Access & Benefit Sharing 6 Benefit Sharing: Combining Intellectual Property, Trade Secrets, Science and an Ecosystem- Focused Approach   Marcel Jaspars and Abbe E. L. Brown 7 Biodiversity Beyond National Jurisdiction: (Intellectual) Property Heuristics   Siva Thambisetty PART 3 Environmental Impact Assessments (EIA S), Scientific Data and Databases, Sensor Technology 8 The Quest to Completely Map the World’s Oceans in Support of Understanding Marine Biodiversity and the Regulatory Barriers we Have Created   Larry Mayer and J. Ashley Roach 9 Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction: Potential Benefits of the International Legally Binding Instrument   Robin Warner 10 Not an Intractable Challenge: Geoengineering MSR in ABNJ   Karen N. Scott PART 4 Capacity Building and Transfer of Technology (CBTT) 11 Capacity Building in Marine Science – Added Value of the BBNJ?   Alf Håkon Hoel 12 Marine Technology Transfer: Towards a Capacity-Building Toolkit for Marine Biodiversity Beyond National Jurisdiction   Harriet Harden-Davies PART 5 Cross-cutting Issues 13 Beholding the Emerging Biodiversity Agreement through a Looking Glass: What Capacity-Building and Gender Equality Norms Should Be Found There?   Ronán Long 14 A Few Words on the “Cross-Cutting Issue”——The Relationship between a BBNJ Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies   Ted L. McDorman 15 Biodiversity beyond National Jurisdiction and the Limits of the Commons: Spatial and Functional Complexities   Joanna Mossop and Clive Schofield PART 6 Arctic Issues: Environment, Security, Shipping 16 Non-Arctic States’ Role in the High North: Participating in Arctic Governance Through Cooperation   Nong Hong 17 Round Two for Arctic Fishing?   David Dubay Index

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Book SynopsisDuring the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.Trade Review"New Knowledge and Changing Circumstances in the Law of the Sea is an impressive collection of scholarly contributions from leading legal and scientific experts on the challenges and opportunities presented by new scientific and technical developments on a range of ‘hot’ topics in the international law of the sea...the book aims to address the question ‘how does the law of the sea adapt to new knowledge and changing circumstances?’ Divided up into no less than eight parts, with 22 chapters, this compilation provides a valuable examination of issues across a broad spectrum of topics." - Mitchell Lennan, PhD Researcher, Strathclyde Law School, The University of Strathclyde, Glasgow, United Kingdom, The International Journal of Marine and Coastal Law 36 (2021) 1–6.Table of ContentsEditor’s Preface List of Figures and Tables Contributors Introduction: How Does the Law of the Sea Adapt to New Knowledge and Changing Circumstances?  Tomas Heidar Part 1: Legal, Scientific and Technical Interplay in the Law of the Sea 1 Disputes Involving Scientific and Technical Matters and the International Tribunal for the Law of the Sea  Jin-Hyun Paik Part 2: Marine Biological Diversity of Areas beyond National Jurisdiction: Marine Genetic Resources 2 Mind the Gap between Biological Samples and Marine Genetic Resources in Areas beyond National Jurisdiction: Lessons from Land  Sophie Arnaud-Haond 3 The Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems  Konrad Jan Marciniak 4 Marine Genetic Resources of Areas beyond National Jurisdiction and Intellectual Property Rights  Fernanda Millicay 5 BBNJ and MGRs: Practical Solutions for Benefit-Sharing  Natalie Y. Morris-Sharma Part 3: Marine Biological Diversity of Areas beyond National Jurisdiction: Conservation and Management Tools and the Question of Fisheries 6 Options for Marine Protected Areas under a New Agreement on Marine Biodiversity of Areas beyond National Jurisdiction  Veronica Frank 7 Fisheries and Areas beyond National Jurisdiction: Advancing and Enhancing Cooperation  Richard Barnes Part 4: Disputes Concerning the Delimitation and Delineation of the Continental Shelf beyond 200 Nautical Miles 8 Disputes Concerning the Delimitation of the Continental Shelf beyond 200 Nautical Miles  Leonardo Bernard and Clive Schofield 9 Obligations of States in Disputed Areas of the Continental Shelf  Sean D. Murphy 10 Joint Development in Continental Shelf Areas beyond 200 Nautical Miles  Vasco Becker-Weinberg 11 More Disputes Ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure  Signe Veierud Busch Part 5: Seafloor Highs 12 Seafloor Highs in Article 76 of the Law of the Sea Convention A Scientific Introduction and Some Comments on CLCS Practice  Walter R. Roest 13 Submarine Ridges and Submarine Elevations under the Law of the Sea Convention: A Further Look  Kevin A. Baumert and Larry Mayer 14 The Case of Reykjanes Ridge  Helga Gudmundsdottir 15 Classification of Seafloor Highs in the Central Arctic Ocean  Bjørn Kunoy Part 6: Deep Seabed Mineral Resources and the Marine Environment 16 Environmental Impacts of Deep Seabed Mining  Matthias Haeckel, Annemiek Vink, Felix Janssen and Sabine Kasten Part 7: Climate Change and the Legal Effects of Sea Level Rise 17 Climate Change and the Legal Effects of Sea Level Rise: An Introduction to the Science  Larry Mayer 18 The Effects of Sea Level Rise on Baselines and Outer Limits of Maritime Zones  Alfred H.A. Soons 19 Effects of Sea Level Rise on Agreements and Judgments Delimiting Maritime Boundaries  Snjólaug Árnadóttir 20 Legal and Political Considerations on the Disappearance of States Due to Sea Level Rise  Christina Hioureas and Alejandra Torres Camprubí Part 8: The Central Arctic Ocean Fisheries Agreement 21 Implementing the New Arctic Fisheries Agreement  David Balton 22 The CAOF Agreement: Key Issues of International Fisheries Law  Erik J. Molenaar

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Book SynopsisLaunched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).Table of ContentsEditorial Note  Seokwoo Lee and Hee Eun Lee Special Feature: Asian State Practice in International Law from the Perspective of Third World Approaches to International Law (TWAIL) The Centenary of the League of Nations: Colonial India and the Making of International Law  Amritha V. Shenoy Breaking Bad Customs: Involving the Idea of Opinio Juris Communis in Asian State Practice  Thamil Venthan Ananthavinayagan Understanding Human Rights from an Eastern Perspective: A Discourse  Ravi Prakash Vyas and Rachit Murarka Subcontinental Defiance to the Global Refugee Regime: Global Leadership or Regional Exceptionalism?  Jay Ramasubramanyam Harmonizing UNCITRAL Model Law: A TWAIL Analysis of Cross Border Insolvency Law  Dwayne Leonardo Fernandes and Devahuti Pathak Use of Force as Self Defence against Non-State Actors and TWAIL Considerations: A Critical Analysis of India’s State Practice  Srinivas Burra The “ASEAN Way”: A Sore Thumb for ASEAN Solidarity in the Face of an Ailing Global Trade System?  Noel Chow Zher Ming Articles A Legal Critique of the Award of the Arbitral Tribunal in the Matter of the South China Sea Arbitration  National Institute for South China Sea Studies Prosecuting Crimes against Humanity before International Crimes Tribunal in Bangladesh: A Nexus with an Armed Conflict  Yudan Tan Legal Materials Participation in Multilateral Treaties  Karin Arts State Practice of Asian Countries in International Law  Sumaiya Khair (Bangladesh)  V.G. Hegde (India)  Kanami Ishibashi (Japan)  Buhm-Suk Baek (Korea)  Shaun Kang (Malaysia)  Amritha V. Shenoy, Ravi Prakash Vyas and Rachit Murarka (Nepal)  Jay L. Batongbacal (Philippines)  Elisabeth Liang and Jaclyn L. Neo (Singapore)  Kitti Jayangakula (Thailand)  Tran Viet Dung (Vietnam) Book Review  Seokwoo Lee Literature International Law in Asia: A Bibliographic Survey - 2018  Soyeon Moon DILA Events 2018 DILA International Conference and 2018 DILA Academy & Workshop  Seokwoo Lee and Hee Eun Lee

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Book SynopsisIn The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled some of the top scholars from Japan, South Korea, and the United States to provide a fresh and comprehensive look at one of the most long-running island disputes in East Asia. The book examines the dispute from multiple perspectives with chapters that provide a detailed and balanced assessment addressing issues in international law, history, foreign policy, domestic politics, the media, education, and the impact on relations with the United States. The book also provides analyses of why this dispute has persisted for decades and explores possible solutions that are relevant for other maritime disputes in the Asia-Pacific.Table of Contents

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Book SynopsisIn The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea. Particular reference is made to the arbitration case between China and the Philippines concerning the South China Sea which, as the first detailed international judicial examination and interpretation of the Regime of Islands, has reframing understanding of the definition of islands. Reactions to the Award in the South China Sea case are appraised, confirmations and clarifications provided by the Award are highlighted as well as remaining uncertainties and scope for conflicting interpretation. The high standard for fully entitled island status set by the Tribunal in the South China Sea case is underlined as is scope for flexible application of the approach to island definition adopted by the Tribunal. The potential implications of the Award both within and beyond the South China Sea are explored.Table of ContentsThe Regime of Islands Reframed: Developments in the Definition of Islands under the International Law of the Sea  Clive Schofield Abstract Keywords  1 Introduction  2 Defining Islands  3 The Regime of Islands Reframed: The South China Sea Award and Article 121  4 Almost Islands?: Low-tide Elevations and Artificial Islands  5 Reactions to the South China Sea Award  6 Conclusions and Implications  List of Figures  Authors Biography  References

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Book SynopsisIn Regulating Vessel Discharges on the International and EU Level, Alexander Proelss and Valentin J. Schatz use the examples of scrubber washwater, sewage and ballast water to offer a detailed analysis of the regulation of marine and freshwater pollution caused by discharges from vessels. This regulatory framework is characterized by a considerable degree of complexity. This complexity results from the multiplicity of applicable legal instruments, the technical nature of the relevant provisions, and the varying spatial scopes of the applicable rules in light of the mobility of international shipping. Alexander Proelss and Valentin J. Schatz clarify existing legal uncertainties and suggest harmonized interpretations and applications of the pertinent rules and principles that avoid conflicts of norms.Table of ContentsRegulating Vessel Discharges on the International and EU Level The Examples of Scrubber Washwater, Sewage and Ballast Water  Alexander Proelss and Valentin J. Schatz Abstract  Keywords  1 Introduction  2 Discharges of Washwater from Exhaust Gas Cleaning Systems  3 Discharges of Sewage  4 Discharges of Ballast Water  5 Conclusion  Acknowledgments  List of References

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Book SynopsisThe contractors are those private or state-owned companies that carry out exploration and exploitation activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyzes the sponsoring State’s primary responsibility, i.e., ensuring its sponsored contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.Table of ContentsAcknowledgements Abbreviations List of Figures and Tables List of Treaties and Declarations List of Cases  Introduction 1 Mining Impacts on the Marine Environment and Deep Seabed Mining Regime  1 Introduction  2 Deep Seabed Mining and Its Impact on Marine Environment   2.1 Deep Seabed Area in Geography and the Area under International Law   2.2 Three Main Mineral Resources in the Area   2.3 Possible Impacts of Mining Activities on the Marine Environment   2.4 Mitigation Methods for Possible Negative Impacts  3 Deep Seabed Mining Regime   3.1 The Historical Development of Deep Seabed Mining Regime   3.2 Framework and Principles of the Deep Seabed Mining Regime   3.3 The System of the Prospecting, Exploration, and Exploitation of Mineral Resources in the Area   3.4 The ISA   3.5 Observations on the Current Deep Seabed Mining Regime  4 Conclusion 2 Responsibility to Ensure  Primary Obligation of a Sponsoring State  1 Introduction  2 Terminology: Responsibility and Liability  3 The Legal Genesis of Responsibilities of Sponsoring States   3.1 Common Heritage of Mankind   3.2 Sponsorship  4 Sponsoring State’s Primary Responsibility and Its Implementation   4.1 The Implications of the Concept “Responsibility to Ensure”   4.2 Implementing “Responsibility to Ensure” as an Obligation of Conduct with High Standards   4.3 Implementing “Responsibility to Ensure” “of Due Diligence”   4.4 “Reasonably Appropriate” Implementing “Responsibility to Ensure”  5 Liability of the Sponsoring State   5.1 Basic Architecture of Liability in the Deep Seabed Mining Regime   5.2 Conditions of Liability of the Sponsoring State under the LOSC   5.3 Corollaries: Reparation or Exemption of Liability   5.4 Liability Gaps and Possible Solutions  6 Conclusion 3 Key Elements of “Reasonably Appropriate” Sponsoring States’ Environmental Legislation for Deep Seabed Mining in the Area  1 Introduction  2 Preliminary Issues   2.1 Objectives   2.2 Selection of Legislative Models  3 Components of Environmental Legislation   3.1 Thresholds of Accessing to Mining in the Area   3.2 Environmental Duties and Obligations of a Contractor   3.3 Rights of a Contractor   3.4 Monitoring Oversight   3.5 Liability of a Contractor and Enforcement  4 Institutional Arrangement   4.1 Legislative Body   4.2 Regulatory Agency   4.3 Monitoring Body  5 Conclusion 4 China’s Legislation in Relation to Deep Seabed Mining in the Area  1 Introduction  2 Chinese Legal System   2.1 Legislative Bodies   2.2 Structure and Hierarchy  3 Legal System of Deep Seabed Mining in the Area and Relevant Policy   3.1 China’s Deep Seabed Law   3.2 Measures for the Administration of Licensing for the Exploration and Exploitation of Resources in Deep Seabed Areas  4 Other Legislation That May Be Related to Deep Seabed Mining in the Area   4.1 Legislation on the Exploration and Exploitation of Mineral Resources   4.2 Legislation on Marine Environmental Protection   4.3 Interim Conclusion  5 Institutional Arrangement for Mining Activities in the Area  6 Proposals for Improvements to China’S Deep Seabed Law   6.1 Proposals for Objectives and Structure   6.2 Proposal for Granting a License: Procedural Requirements   6.3 Proposal for Granting a License: Substantial Requirements   6.4 Proposal for a Contractor’s Environmental Obligations   6.5 Proposal for a Contractor’s Environmental Rights   6.6 Proposal for Monitoring   6.7 Proposal for Liability and Enforcement   6.8 Proposal for Institutional Arrangement  7 Conclusion 5 Conclusion  1 Carrying out “Responsibility to Ensure”: Sponsoring State’s Regulatory Role in Ensuring Its Sponsored Contractor’s Compliance   1.1 What Role Does a Sponsoring State Play to Ensure Its Sponsored Contractor’s Compliance?   1.2 What Should Be Included in the Sponsoring State’s National Legislation?   1.3 How Far a Sponsoring State Can Go to Ensure Its Sponsored Contractor’s Compliance?  2 The Central Role of the isa to Organise and Control Activities in the Area   2.1 isa’s Leading Legislative Role   2.2 isa’s Primary Regulative Role  3 Collective Efforts in Promoting a Sponsoring State’s National Legislation Bibliography Index

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Book SynopsisA generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.Table of ContentsForeword Preface Acknowledgments List of Figures and Tables 1 Caribbean Antecedents to unclos  1 Introduction  2 The Caribbean  3 Imperialism in the Caribbean: Mare clausum and Mare Liberum  4 The Evolution of the Territorial Sea  5 The Hague Codification Conference 1930  6 Unilateral Caribbean Actions  7 The United Nations and Caribbean Conferences on the Law of the Sea  7.1 The First United Nations Conference on the Law of the Sea (unclos i)  7.2 The Second United Nations Conference on the Law of the Sea (unclos ii)  7.3 Caribbean Conferences on the Law of the Sea  7.3.1 Montevideo Conference  7.3.2 Lima Conference  7.3.3 Santo Domingo Conference  7.3.4 The Third United Nations Conference on the Law of the Sea (unclos iii)  8 Conclusion 2 unclos in the Caribbean and Regional Cooperation  1 Introduction  2 Caribbean Acceptance of unclos  3 Caribbean Non-Acceptance of unclos  3.1 The 1958 Geneva Conventions  3.2 Normative Character of unclos  4 The Regime of Islands  5 Co-Operation in the Caribbean Sea  5.1 Caribbean Sea as Enclosed or Semi-Enclosed  5.2 Co-Ordination on Living Resources of the Sea  5.3 Co-Ordination on Protection and Preservation of the Marine Environment  5.4 Co-Ordination of Scientific Research  5.5 Collaboration with Interested States and International Organizations  6 Conclusion 3 Maritime Jurisdiction  1 Introduction to Maritime Jurisdiction  2 unclos Maritime Jurisdiction  2.1 Internal Waters  2.2 Archipelagos  2.3 Territorial Sea  2.4 Contiguous Zone  2.5 Exclusive Economic Zone  2.6 Continental Shelf  2.7 Straits  2.8 High Seas  3 The Economic Context  4 Conclusion 4 Fisheries  1 Introduction  2 Caribbean Fisheries  3 The Regulatory Framework  3.1 Development of International Regulation  3.2 Bilateral Agreements  3.3 1958 Geneva Convention on Fishing and Conservation  3.4 unclos  3.4.1 Management by Jurisdictional Zones  3.4.2 Management by Species  4 Substantive Domestic Legislative Implementation  5 Caribbean Regulation  5.1 1991 oecs Common Fisheries Surveillance Zone  5.2 The Caribbean Community Common Fisheries Policy  5.3 Ecosystems Based Management  6 Conclusion 5 Offshore Oil and Gas  1 Introduction  2 Legal Framework  3 Unity of Deposits  3.1 Agreements Having No Provision for Co-Operation  3.2 Agreements Containing General Statement of the Obligation to Collaborate  3.3 Agreements Specifying Classical Duty to Cooperate in Exploiting Unitary Deposits  3.4 Comprehensive Regime Including Provisions on Apportionment  4 Responsibility for Environmental and Occupational Health and Safety Standards  5 Contractual Arrangements between the Host Country and Foreign Oil Company  5.1 Concessions  5.2 Licensing  5.3 Production Sharing Contracts  5.4 Service Agreements  6 Disputes Arising from Contractual Relationship  7 Offshore Oil and Gas Contracts and International Law  7.1 Stabilization Clauses  7.2 Multiplicity of Alternative Venues  7.3 International Center for Settlement of Investment Disputes  7.4 Public International Law as a System of Law in Private International Law  8 Conclusion 6 Marine Scientific Research  1 Introduction  1.1 The General Provisions Governing the Conduct of Marine Scientific Research  1.2 International Co-Operation  1.3 Promotion and Conduct of Marine Scientific Research  2 Development and Transfer of Marine Technology  3 Practical Guidance  4 Caribbean Legislative Implementation  5 Caribbean Marine Research Institutional Arrangements  6 Conclusion 7 Peace and Security  1 Introduction  2 The Right of Hot Pursuit  2.1 Conventional Codification  2.2 Legislative Incorporation  2.3 Judicial Application  3 Piracy  3.1 unclos and the Rome Convention  3.2 Piracy in Caribbean Legislation  3.3 Judicial Decisions on Piracy  4 Security  5 Regional Security  5.1 The Regional Security System (rss)  5.2 caricom impacs  5.3 consle  6 Ship Rider Agreements  7 Conclusion 8 Navigation  1 Introduction  2 Nationality of Ships  3 Flags of Convenience  4 Rights of Navigation  4.1 Right of Innocent Passage  4.2 Right of Archipelagic Sea Lane Passage  4.3 Right of Transit Passage  4.4 Right to Freedom of Navigation  5 Flag State Obligations  6 imo Conventions on Safety of Shipping  7 Caribbean Shipping Industry  7.1 The Caribbean Maritime University  8 Conclusion 9 Pollution  1 Introduction  2 General Obligations  2.1 Jurisdictional Competence  2.1.1 Theoretical Implementation Problems   2.1.2 Practical Implementation Problems  2.1.3 Special Enforcement Powers: Flag State, Coastal State, Port State  3 Pollution Emergencies  3.1 Power of Intervention  3.2 Duty to Warn of, and Assist in, Pollution Emergencies  4 Compensation for Pollution Damage  4.1 Concerns over Stability and Viability of Compensation Regime  4.1.1 Jurisdiction  4.1.2 Recognition and Enforcement of Judgments  4.1.3 Applicable Law  4.2 Rules on Treaty Interpretation  5 Conclusions 10 The Area beyond National Jurisdiction  1 Introduction  2 1994 Agreement Relating to Part xi  3 The International Seabed Authority  3.1 The Assembly  3.2 The Council  3.3 The Secretariat  3.4 The Legal and Technical Commission  3.5 The Finance Committee  3.6 The Enterprise  4 Decision-Making in the International Seabed Authority  5 General Principles of the Deep Seabed Mining Regime  5.1 All Rights in Area and Resources Are Vested in Mankind  5.2 Conduct of States in the Area Must Promote Peace and International Co-Operation  5.3 Reasonable Regard for Other Activities  5.4 Responsibility to Ensure Compliance and Liability for Damage  5.5 Transfer of Technology  5.6 Participation of Developing Countries  6 The System of Exploration and Exploitation  7 National Legislation on the Deep Seabed  8 Conclusions 11 Delimitation  1 Introduction  2 International Law Principles and Rules  2.1 Baselines  2.2 Outer Lines  3 Agreement between the Parties  4 Tacit Agreement between the Parties  5 Settlement by Adjudication Based on Article 38 Sources of International Law  5.1 The Equidistance/Relevant Circumstances/Proportionality Method  5.1.1 Equidistance  5.1.2 Relevant Circumstances  5.1.3 Proportionality  5.2 Single Maritime Boundary  5.3 Delimitation of the Continental Shelf beyond 200 nm  6 Conclusion 12 Dispute Settlement  1 Introduction  2 Settlement under Bilateral, Regional, or Global Agreements  2.1 Bilateral Agreements Procedures  2.2 Regional Procedures  2.2.1 Inter-American Human Rights System  2.2.2 Caribbean Environment Programme  2.2.3 The Caribbean Community and the Caribbean Court of Justice  2.3 International Court of Justice  3 Settlement Pursuant to Procedures under the Charter of the United Nations  4 Settlement under unclos Compulsory Procedures  5 Declarations of Acceptance of Global Procedures under unclos Part xv  6 Litigation Pursuant to the Procedures under unclos Part xv  6.1 International Court of Justice  6.2 The International Tribunal for the Law of the Sea  6.3 Annex vii Tribunal  6.4 Annex viii Tribunal  7 Conclusion Index

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Book SynopsisIn The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.

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Book SynopsisTo what extent can underwater archaeology and underwater cultural heritage support a State’s maritime claim? Many States have plausibly extended their maritime legislative and executive jurisdiction to the outer limit of the contiguous zone to better protect underwater cultural heritage. However, some States—such as Canada in the Arctic, China in the South China Sea, or Russia in Crimea—are going further, claiming sovereignty over disputed maritime areas or even the high seas. Maritime Claims and Underwater Archaeology, aimed at internationalists and archaeologists, critically assesses these recent practices, reviewing this search for buried sovereignty from a legal, historical, and ethical perspective.Table of ContentsMaritime Claims and Underwater Archaeology: When History Meets Politics  Mariano J. Aznar  Abstract  Keywords  1 Introduction  2 The Underwater Cultural Heritage and the Law of the Sea  3 The (Ab)Uses of Underwater Archaeology and the Law of the Sea  4 Some Concluding Remarks: On Law, Politics, and Ethics  Abbreviations  List of Figures  Acknowledgements  Author’s Biographical Note  References

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Book SynopsisThe United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey, adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority’s evolutionary work as well as its legal framework.Table of ContentsAcknowledgments List of Figures and Table Notes on Contributors Part 1: Introductory Chapter Introduction: The International Seabed Authority A Twenty-Five-Year Journey  Myron H. Nordquist and Alfonso Ascencio-Herrera Introduction: Statement by H.E. Michael W. Lodge, Secretary-General of the International Seabed Authority at the Opening of the International Conference on Legal, Scientific and Economic Aspects of Deep Seabed Mining, Kingston, Jamaica, 14–16 November 2019  Michael Lodge The International Seabed Authority at Twenty-Five   The Status of the UNCLOS Notion of the Common Heritage of Mankind under International Law – Keynote Address  Patrick Robinson The International Seabed Authority and the United Nations A Success Story of Cooperation  Vladimir Jares Part 2: The Evolution of the International Seabed Authority from 1994 to Date 1 A Historical Perspective The Evolution of the International Seabed Authority  Michael Wood 2 Deep-Seabed Mining The Debate Continues  Stephen Vasciannie Part 3: Common Heritage of Mankind and Capacity Building under UNCLOS 3 The “Common Heritage of Mankind” Principle and the Equitable Sharing of Benefits  Frida M. Armas-Pfirter 4 The Enterprise under the 1982 United Nations Convention on the Law of the Sea and the Common Heritage of Mankind  Eden Charles 5 Gender Leadership for the UN Decade of Ocean Science The Pioneering Role of the International Seabed Authority  Ronán Long, Zhen Sun and Mariamalia Rodríguez Chaves Part 4: Dispute Settlement and Right to Redress under Part XI of UNCLOS 6 The Role of the Seabed Disputes Chamber in Dispute Settlement Relating to Activities in the Area  Albert J. Hoffmann 7 Checks and Balances on the Regulatory Powers of the International Seabed Authority  James Harrison Part 5: Scientific Aspects of Deep Seabed Mining 8 Deep-Ocean Polymetallic Nodules and Cobalt-Rich Ferromanganese Crusts in the Global Ocean New Sources for Critical Metals  James R. Hein and Kira Mizell 9 Future of Deep-Seabed Mineral Resources Environmental Issues  Philomène Verlaan Part 6: Sponsoring States and Liability Issues 10 Contractors’ Liability and the Sponsoring States’ Role in Enhancing the Liability of the Contractors  Guifang (Julia) Xue and Xiangxin Xu 11 The International Seabed Authority as Claimant for Damage to the Marine Environment Resulting from Activities in the Area Problems and Prospects  Tara Davenport 12 Insurance and Compensation Fund Design for Deep Seabed Liability Lessons from Existing Civil Liability Regimes  Neil Craik Future Prospects 13 The Draft Regulations on Exploitation of Mineral Resources in the Area “A Work in Progress”  Kathy-Ann Brown 14 The Future IS the Present  María Teresa Infante Caffi 15 An ISA Side Issue UNCLOS, Article 82 and Revenue Sharing  Ted L. McDorman Index

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Book SynopsisShipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.Table of ContentsForeword Acknowledgements List of Figures and Tables List of Contributors List of Acronyms 1 Introduction  Kristin Bartenstein and Aldo Chircop Part 1: Understanding the Context of Governance of Shipping in Canadian Arctic Waters 2 “The Sea is Our Mainstay”: Shipping and the Inuit Homeland  Monica Ell-Kanayuk and Claudio Aporta 3 Shipping in Arctic Marine Ecosystems under Stress: Recognizing and Mitigating the Threats  Warwick F. Vincent, Connie Lovejoy and Kristin Bartenstein 4 Shipping along the Northwest Passage: A Historical Overview  Adam Lajeunesse and P. Whitney Lackenbauer 5 Comparative Perspectives on the Development of Canadian Arctic Shipping: Impacts of Climate Change and Globalization  Frédéric Lasserre 6 Reconsidering Arctic Shipping Governance through a Decolonizing Lens  Leah Beveridge 7 Unpacking Canada’s Arctic Shipping Safety, Security, and Defence Functions  Andrea Charron and David Snider 8 Canadian Icebreaker Operations and Shipbuilding: Challenges and Opportunities  Timothy Choi 9 Mitigating the Tyranny of Time and Distance: Community-Based Organizations and Marine Mass Rescue Operations in Inuit Nunangat  Peter Kikkert, Calvin Aivgak Pedersen, and P. Whitney Lackenbauer Part 2: Reimagining the Governance of Shipping in Canadian Arctic Waters 10 Canada and the Future of Arctic Coastal State Jurisdiction  Kristin Bartenstein 11 The Modern Case Law on the Powers and Responsibilities of Flag States: Navigating Canada’s Arctic Waters  Nigel Bankes 12 The Canadian Policy, Legal and Institutional Framework for the Governance of Arctic Shipping  Aldo Chircop 13 Goal-Based Standards, Meta-Regulation and Tripartism in Arctic Shipping: What Prospects in Canadian Waters?  Phillip A. Buhler 14 Modernizing the Governance of Passenger Vessel Operations in the Canadian Arctic  Meagan Greentree 15 Governing Canadian Arctic Shipping through Low-Impact Shipping Corridors  Jackie Dawson and Gloria Songbr/> 16 The New Federal Impact Assessment Act and Arctic Shipping: Opportunities for Improved Governance  Meinhard Doelle, David V. Wright, A. John Sinclair and Simon Dueck 17 Indigenous Self-Determination and the Regulation of Navigation and Shipping in Canadian Arctic Waters  Suzanne Lalonde and Nigel Bankes 18 Conclusion  Aldo Chircop and Kristin Bartenstein Index

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Book SynopsisThe scope of marine scientific research has long been debated due to a lack of definition of the term in the United Nations Convention on the Law of the Sea (UNCLOS). The introduction of new forms and methods of ocean data collection adds another layer of legal uncertainty in this field. Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities Under UNCLOS thus strives to identify the possible limits of the existing legal framework, mainly the UNCLOS marine scientific research regime, and the ways in which the identified gaps can be bridged. In the analysis, Chuxiao Yu carries out two case studies: one on access to marine genetic resources and the other on operational oceanographic activities.Table of ContentsAbbreviations List of Figures and Table 1 Introduction  1.1 The Impetus for the Current Research  1.2 Research Questions  1.3 Structure of the Book  1.4 Delineation of the Research and Use of Terminology 2 An Analysis of the Approach to Interpreting Pertinent UNCLOS Provisions  2.1 Introduction  2.2 Elements to Be Considered in the Assessment Process  2.3 Drafting History of the Definition of the Term “Marine Scientific Research”  2.4 Can the Term “Marine Scientific Research” be Viewed as a Generic Term?  2.5 The Nature of UNCLOS and its Implications for Ascertaining the Temporal Sense-Intention of the Parties  2.6 Object and Purpose of UNCLOS and Its Implications for Ascertaining the Temporal Sense-Intention of the Parties  2.7 Conclusions and Implications for Analysis in the Subsequent Chapters 3 UNCLOS Provisions on Ocean Data Collection – with a Focus on the Marine Scientific Research Regime  3.1 Introduction  3.2 The Nature of and Criteria for Marine Scientific Research  3.3 Marine Scientific Research and Other Ocean Data Collection Activities  3.4 Concluding Remarks 4 Subsequent Practice on Ocean Data Collection Activities  4.1 Introduction  4.2 National Legislation and Policies Concerning the Scope of Marine Scientific Research  4.3 Subsequent Practice Concerning Ocean Data Collection Activities Manifested in Global Fora  4.4 Concluding Remarks 5 Regulation of Ocean Data Collection Activities under Other International Conventions  5.1 Introduction  5.2 Convention on Biological Diversity and Its Nagoya Protocol  5.3 United Nations Framework Convention on Climate Change  5.4 London Convention and the London Protocol  5.5 International Convention on the Regulation of Whaling  5.6 Conclusions 6 Access to Marine Genetic Resources and Its Regulatory Framework  6.1 Introduction  6.2 Characteristics of Activities concerning Marine Genetic Resources  6.3 Appropriate Legal Framework for the Sampling of Marine Genetic Resources  6.4 Applying the Relevant UNCLOS Provisions to Activities Involving Marine Genetic Resources  6.5 Conclusions 7 Operational Oceanography and Its Regulatory Framework  7.1 Introduction  7.2 What Is “Operational Oceanography”?  7.3 Legal Classification of Operational Oceanography  7.4 Different Scenarios: Application of the Relevant UNCLOS Provisions to Operational Oceanography  7.5 Future Regulatory Options for Operational Oceanography 8 Concluding Remarks  8.1 Introduction  8.2 Approach to Interpreting Relevant Treaty Provisions  8.3 The Nature of and Criteria for Maine Scientific Research under UNCLOS  8.4 The Legal Framework(s) for Different Kinds of Ocean Data Collection Activities  8.5 Limits and Strengths of UNCLOS and Its Marine Scientific Research Regime in Regulating “Modern” Ocean Data Collection Activities  8.6 Final Remarks and Some Observations on Future Developments Summary Bibliography Index

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Book SynopsisRead also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.Table of ContentsPreface Acknowledgements List of Illustrations Abbreviations and Euphemisms part 1 The Meaning of Straits and Hybrid Threats 1 The Implications of Hybrid Threats to the Maritime Domain 2 The Legal Concept and Classification of Straits  2.1 The Legal Concept of a Strait  2.2 The Legal Classification of Straits  2.3 The Law of Naval Warfare in Straits and Its Relation to the Law of the Sea 3 The Concept of Hybrid Threats  3.1 The Meaning of Hybrid Conflicts  3.2 Differences between the Rules on the Use of Force in Maritime Law Enforcement Operations and Armed Conflicts  3.3 The Meaning of Hybrid Warfare part 2 Use of Force in Maritime Hybrid Warfare 4 Permit-Based Passage v. Transit Passage in an Occupied Area The 2018 Kerch Strait Incident and the 2022 Ukraine-Russia Naval Warfare  4.1 The Kerch Strait Incident and Its Implications for the Passage Regime in the Sea of Azov  4.2 Freedom of Navigation of Ukrainian and Russian Ships in the Kerch Strait  4.3 A Critical Analysis of Ukraine’s Arguments about the Applicability of Transit Passage to Ships and Aircraft in/over the Sea of Azov and the Kerch Strait  4.4 The Significance of 2003 Bilateral Treaties for the Passage Regime of the Kerch Strait  4.5 The Sea of Azov as a Potential Historic Bay and Its Implications for the Regime of Passage in the Kerch Strait under Article 35(a) of losc  4.6 The Importance of the Obligation of Non-recognition for the Passage Regime of the Kerch Strait  4.7 Parallel Legal Regimes vs Sui Generis Regime of the Kerch Strait  4.8 The Kerch Strait as a Belligerent Strait 5 Use of Force against Sovereign Immune Vessels Law Enforcement v. Humanitarian Law Paradigm  5.1 In dubio pro jus in bello?  5.2 Threshold of an Armed Attack in a Hybrid Naval Conflict  5.3 Distinction between Law Enforcement and Humanitarian Law Paradigms 6 Iran-Israel ‘Shadow War’ in Waters around the Arabian Peninsula and Incidents near the Bab el-Mandeb  6.1 Legal Regime of the Bab el-Mandeb  6.2 Geopolitical Characteristics of the Bab el-Mandeb  6.3 Terrorism and Piracy in and near the Bab el-Mandeb  6.4 Armed Conflict in Yemen  6.5 Background of the Iran-Israel Conflict  6.6 Problems with Attributing State Responsibility  6.7 Non-state Actors and Article 51 of the UN Charter 7 Russia’s Military Operations in the Territories of the Viro Strait’s Coastal States  7.1 Geographical and Geopolitical Characteristics of the Viro Strait  7.2 The Legal Regime of the Viro Strait  7.3 Foreign Military Activities in the Viro Strait: Incursions of Foreign Submarines and Military Aircraft part 3 Discriminatory Navigational Restrictions in Hybrid Conflicts 8 Discriminatory Prohibition of the Right of Transit Passage of a Commercial Ship The Arrest of Stena Impero by Iran  8.1 Geographical and Geopolitical Characteristics of the Strait of Hormuz  8.2 Legal Regime of the Strait of Hormuz  8.3 The 2019 Stena Impero Incident and the Traffic Separation Scheme in the Strait of Hormuz  8.4 Parallel Passage Regimes in the Strait of Hormuz?  8.5 Significance of Iranian Internal Waters for the Passage Regime in the Strait of Hormuz 9 Tensions in and over the Taiwan Strait in 2021  9.1 Legal and Geographical Characteristics of the Taiwan Strait  9.2 Navigation in the Taiwan Strait in the Light of Recent Developments in China’s Legislation  9.3 Geopolitical Tensions in the Taiwan Strait and Intrusions of Taiwan’s Air Defence Identification Zone 10 Discriminatory Navigational Restrictions in the Kerch Strait in Respect of Foreign Commercial Ships  10.1 The Significance of the Kerch Strait for Commerce  10.2 Restrictions on Foreign Commercial Ships’ Navigation through the Kerch Strait 11 Discriminatory Prohibition of the Right of Innocent Passage of a Commercial Ship The Vironia Incident in the Gulf of Finland  11.1 Right of Innocent Passage in the Eastern Gulf of Finland from 1920s to 2000  11.2 The Russian Federation’s Maritime Zones in the Gulf of Finland  11.3 The Vironia Incident in the Gulf of Finland and Its Aftermath  11.4 Potential Legal Basis of the Russian Federation’s Permit-Based Passage Regime in the Gulf of Finland part 4 Major Maritime Industrial Projects, Piracy, and Unidentified Soldiers 12 The Nord Stream Project and Estonian-Russian Incidents in the Viro Strait  12.1 Link between Industrial Projects and Maritime Security  12.2 The Significance of the Viro Strait’s eez Corridor for the Nord Stream Project  12.3 Marine Scientific Research in the Context of Seabed Studies on the Pipeline Route  12.4 The Incident between the Estonian Coast Guard and Russian Research Vessels in the Viro Strait’s eez Corridor  12.5 Permit-Based Marine Scientific Research in an eez: Estonia’s Decision to Deny Seabed Surveys 13 Countering the Threat of ‘Little Green Men’ in the Åland Strait  13.1 Geopolitical Characteristics of the Åland Strait and Preparations to Counter Unidentified Soldiers on the Åland Islands  13.2 Legal Regime of the Åland Strait 14 Threats of Piracy in the Straits of Malacca, Sunda, Lombok  14.1 Legal and Geopolitical Characteristics  14.2 Threats of Piracy in Indonesia and the Straits of Malacca and Singapore part 5 Concluding Observations on the Implications of Hybrid Threats for Maritime Security Law 15 A Need for a New Legal Framework on Hybrid Naval Warfare? 16 Discriminatory Navigational Restrictions in the Context of Hybrid Conflicts 17 Low-Intensity Use of Force (Hybrid Warfare) through the Prism of Law Enforcement and an Armed Attack 18 Guidelines for Distinguishing between the Rules of Armed Conflict and Law Enforcement in Grey Zone Naval Incidents  18.1 Use of Force by State Vessels against Attacks Launched from Commercial Ships  18.2 Use of Force against a Commercial Ship in a Law Enforcement Operation  18.3 State vs State Scenario Bibliography Chronological Table of International Instruments Table of National Legislation Chronological Table of Cases Chronological List of Maps Index

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Book SynopsisThe world’s oceans play a vital role in everyday life, from climate regulation to food provision, and are widely recognized as a global commons. But they also face daunting challenges in the form of climate change, population growth, escalating pollution, and rapidly evolving technologies that speed the reach and pace of resource extractions. Common Currents: Examining How We Manage the Ocean Commons calls upon experts in international ocean law, policy, and science to explore the question to what extent—and to what effect—we currently manage the oceans as a global commons. This volume captures some key issues, questions, and lessons, to help enhance understanding of current practices and opportunities to grow collaborative management efforts.Table of ContentsAcknowledgments List of Figures Notes on Contributors Introduction   Jordan Diamond and Holly Doremus part 1 The Area 1 The Uncertain Limits of the Commons   Clive Schofield and Leonardo Bernard 2 Korea’s Deep Seabed Activities and Domestic Legislation on the Exploration for and Exploitation of Resources in the Deep Seabed Area An Abortive Attempt and Moving Forward   Seokwoo Lee part 2 The Polar Regions 3 Governing the Ocean Commons Lessons from the Antarctic   Karen N. Scott 4 Rethinking Governance for the Changing Arctic A Perspective from China and South Korea   Young Kil Park part 3 Managing Fish as a Common Resource 5 The “Commons” Discourse on Marine Fisheries Resources, and the Problematic of Hardin’s “Tragedy” Concept   Harry N. Scheiber 6 Sustaining Wild Salmon in the North Atlantic Progressions and Tribulations   David L. VanderZwaag part 4 Managing Biodiversity as a Common Resource 7 The Evolution of the Sargasso Sea Regime in International Law   David Balton and David Freestone 8 Equity Must Anchor the bbnj Treaty   Autumn Bordner Index

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Book SynopsisPeaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.Table of ContentsPreface Acknowledgement List of Illustrations Notes on Contributors Featured Papers 1 Tribute to Ambassador Satya N. Nandan   Myron H. Nordquist 2 Reflections on Peaceful Maritime Engagement in East Asia and the Pacific Region   Shunji Yanai 3 The Legal Regime of the Deep Seabed as a Paradigm for Global Governance of Natural Resources   Michael W. Lodge 4 International Law Making   Rüdiger Wolfrum 5 Governance of Marine Biodiversity beyond National Jurisdiction: Searching for Sustainable Solutions in the Southeast Pacific   Ronán Long and Mariamalia Rodríguez Chaves 6 Our Manifold but Common Maritime Order   Atsuko Kanehara Part 1 Baselines and Archipelagic States 7 Archipelagic Atoll States and Sea Level Rise   Clive Schofield and David Freestone 8 Archipelagic Spratlys: China’s Desperate Attempt to Preserve Expansionist Policy?   Henry S. Bensurto Jr. 9 China’s Excessive Straight Baselines Claims   James Kraska 10 Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles   Richard Barnes 11 Straight or Archipelagic Baseline with Respect to Offshore Archipelago?   Dai Tamada Part 2 Navigation Rights/Law Enforcement 12 The Applicability of Human Rights Treaties in Maritime Law Enforcement   David S. Goddard 13 Navigation Rights and Law Enforcement: An Australian Perspective   David Letts 14 Do We Still Need an ‘Expansionist/Revisionist’ Theory of Self-Defense at Sea?   Kyo Arai 15 In Quest of the Optimal Legal Framework for Maritime Law Enforcement against Foreign State Vessels in the Territorial Sea   Masahiro Kurosaki Part 3 Arctic Shipping 16 Governance Considerations on Low Impact Corridors in Canadian Arctic Waters   Aldo Chircop 17 Navigational Rights and the Coastal State’s Jurisdiction in the Northern Sea Route   Kentaro Wani 18 The Role of East Asian Port States in Addressing Ship-Source Pollution in Arctic Shipping   Zhen Sun Part 4 East China Sea Maritime Boundaries 19 The Quest for a Win-Win Solution in the Delimitation of Continental Shelf in the East China Sea: An Irreconcilable Conflict between China and Japan?   Hironobu Sakai 20 State Practice as a Factor Impacting Potential East China Sea Boundaries   Stuart Kaye 21 asean and Peaceful Management of Maritime Disputes in the South China Sea   Robert Beckman and Vu Hai Dang Part 5 Preservation of the Marine Environment, Including the Hazard of Plastic Debris 22 Designing an International Instrument for Combating Marine Plastic Pollution   Tomofumi Kitamura 23 Common But Differentiated Responsibilities as a Guiding Principle towards a Potential International Treaty on Plastic and Marine Litter   Aleke Stöfen-O’Brien 24 Implications of a New Treaty for Marine Biodiversity for the Asia-Pacific Region   Joanna Mossop Part 6 Issues Arising Out of Climate Change 25 The bbnj Agreement: Strengthening the Oceans-Climate Nexus?   Karen N. Scott 26 Regime Interaction between the Law of the Sea and Climate Change Law   Naoki Iwatsuki Index

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Book SynopsisFaced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.Table of ContentsContents Abbreviations Abstract Keywords  Introduction  Section 1: The Obligation to Assist Those in Distress at Sea Enshrined in International Law  Part 1: The Obligation to Assist under International Maritime Law and the International Law of the Sea  Part 2: The Safe-Guarding of the Obligation of Assistance Even with the Smuggling of Migrants at Sea  Section 2: International Law Recognizes the Right to Shelter for All Migrants by Sea  Part 3: The Right of Refuge for Any Shipwrecked Person  Part 4: The Cardinal Principle of Non-refoulement and the Legality of Interceptions  Part 5: The Legality of Interceptions  Part 6: Application of Non-refoulement in Asylum Seeking  Part 7: Refugees at Sea – What Rights and Where?  Conclusion  Bibliography

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Book SynopsisWhat happens after a judgment is delivered by a tribunal constituted under the UN Convention on the Law of the Sea? In this ground-breaking book, all the decisions issued by the International Tribunal for the Law of the Sea or Annex VII arbitral tribunals are examined to determine what results transpired following the judgment or order. The authors consider what compliance means and whether it has been achieved in UNCLOS dispute settlement. We suggest what other outcomes have sometimes eventuated from UNCLOS dispute settlement and propose steps that may be taken to enhance judgment compliance.Table of ContentsContents Compliance with Decisions of the Dispute Settlement Bodies of the UN Convention on the Law of the Sea Abstract Keywords  1 Introduction to Dispute Settlement under the UN Convention on the Law of the Sea  2 Understanding Compliance  3 Prompt Release Proceedings  4 Provisional Measures  5 Maritime Boundary Delimitation Cases  6 Detention of Vessels and Crew  7 Annex VII Arbitrations involving Mixed Disputes  8 Assessing Compliance  List of Abbreviations and Acronyms  List of Abbreviated Case Names  Acknowledgments  Author Biographies

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Book Synopsis

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