The Oxford Handbook of the Law of the sea

ROTHWELL Donald R. , OUDE Alex G. , SCOTT Karen N. , STEPHENS Tim

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Summary

- Provides a landmark study into the law of the sea, taking stock of the majors developments, core concepts, and key challenges within this fundamental area of law - Explores the most important issues facing the world's oceans and seas, including piracy, climate change, and military operations - Written by over forty expert contributors, both eminent scholars and leading practitioners Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea. Readership: Scholars and students of the law of the sea; practitioners, legal advisers, and policy-makers involved in maritime issues

Table of contents

1: Tullio Treves: Historical Development of the Law of the Sea 2: Robin Churchill: The 1982 United Nations Convention on the Law of the Sea 3: Irina Buga: Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction 4: Coatler G Lathrop: Baselines 5: John E Noyes: The Territorial Sea and Contiguous Zone 6: Donald R. Rothwell: International Straits 7: Tara Davenport: The Archipelagic Regime 8: Gemma Andreone: The Exclusive Economic Zone 9: Ted L. McDorman: The Continental Shelf 10: Douglas Guilfoyle: The High Seas 11: Michael W Lodge: The Deep Seabed 12: Malcolm D Evans: Maritime Boundary Delimitation 13: Erik J. Molenaar: Port and Coastal States 14: Richard A Barnes: Flag States 15: Helmut Tuerk: Landlocked and Geographically Disadvantaged States 16: Hans Corell: The United Nations: A Practitioner's Perspective 17: James Harrison: Law of the Sea Convention Institutions 18: Bernard H. Oxman: Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals 19: Aldo Chircop: The International Maritime Organization 20: Rosemary Rayfuse: Regional Fisheries Management Organisations 21: Karen N Scott: Integrated Oceans Management: A New Frontier in Marine Environmental Protection 22: Nele Matz-Luck and Johannes Fuchs: Marine Living Resources 23: Elizabeth A Kirk: Science and the International Regulation of Marine Pollution 24: Yoshifumi Tanaka: Navigational Rights and Freedoms 25: Tim Stephens and Donald R Rothwell: Marine Scientific Research 26: Natalie Klein: Maritime Security 27: Irini Papanicolopulu: The Mediterranean Sea 28: Keyuan Zou: The South China Sea 29: Ronán Long: North-East Atlantic and the North Sea 30: David Freestone and Clive Schofield: The Caribbean Sea and Gulf of Mexico 31: Alex G Oude Elferink: The Indian Ocean and the Law of the Sea: A Work in Progress 32: Karen N Scott and David L Vanderzwaag: Polar Oceans and Law of the Sea 33: Robin M Warner: Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea 34: Tim Stephens: Warming Waters and Souring Seas: Climate Change and Ocean Acidification 35: Edward J Goodwin: Threatened Species and Vulnerable Marine Ecosystems 36: Joanna Mossop: Marine Bioprospecting 37: Anna Petrig: Piracy 38: James Kraska: Military Operations 39: Donald R Rothwell, Alex G Oude Elferink, Karen N Scott, and Tim Stephens: Charting the Future for the Law of the Sea