Editors:
Shares up-to-date analyses of the law of the sea
Goes beyond the traditional law of the sea, presenting new approaches
Gathers contributions by international experts to offer a diverse range of perspectives
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Table of contents (23 papers)
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Front Matter
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The Role of the International Organizations in the Implementation and Development of the Law of the Sea
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Front Matter
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Superpowers, International Courts and the Law of the Sea: Challenges for the Global Oceans Regime
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Front Matter
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The Protection and Conservation of the Areas Beyond National Jurisdiction: Where Do We Stand?
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Front Matter
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About this book
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law.
UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation.
The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Keywords
- Arctic Council
- Areas beyond national jurisdiction
- Conservation and sustainable use of marine biodiversity
- Deep-sea mining
- Dispute settlement
- European Union and the law of the sea
- FAO
- International courts and tribunals
- International organizations
- Islands and rocks
- Marine protected areas
- Migrants by sea and security
- Non-State actors
- Protest and law of the sea
- Regional Fisheries Management Organizations
- Security Council and law of the Sea
- Trade related measures
- Food and Agriculture Organization of the United Nations
- Deep-sea fisheries
- Marine environment
Editors and Affiliations
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Faculty of Law, University of Porto, Porto, Portugal
Marta Chantal Ribeiro
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Faculty of Law, University of Lisbon, Lisbon, Portugal
Fernando Loureiro Bastos
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Faculty of Law, UiT The Arctic University of Norway, Tromsoe, Norway
Tore Henriksen
About the editors
Fernando Loureiro Bastos is Associate Professor of Public Law at the Faculty of Law, University of Lisbon and Head of Research Group (HRG) on International and European Law of the Lisbon Centre for Research in Public Law
Tore Henriksen is Leader of the K. G. Jebsen Centre for the Law of the Sea at the Faculty of Law of UiT, The Arctic University of Norway and Professor at the UiT Faculty of Law.
Bibliographic Information
Book Title: Global Challenges and the Law of the Sea
Editors: Marta Chantal Ribeiro, Fernando Loureiro Bastos, Tore Henriksen
DOI: https://doi.org/10.1007/978-3-030-42671-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-42670-5Published: 24 May 2020
Softcover ISBN: 978-3-030-42673-6Published: 24 May 2021
eBook ISBN: 978-3-030-42671-2Published: 23 May 2020
Edition Number: 1
Number of Pages: XXIII, 467
Number of Illustrations: 1 b/w illustrations, 5 illustrations in colour
Topics: Law of the Sea, Air and Outer Space, International Environmental Law, Environmental Law/Policy/Ecojustice, Dispute Resolution, Mediation, Arbitration, Sources and Subjects of International Law, International Organizations