Description
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
