Overview

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.

Full Product Details

Author:   Donald R. Rothwell (Professor of International Law, Professor of International Law, Australian National University) ,  Alex G. Oude Elferink (Professor of International Law, Professor of International Law, Utrecht University) ,  Karen N. Scott (Professor of Law, Professor of Law, University of Canterbury) ,  Tim Stephens (Associate Professor of Law, Associate Professor of Law, University of Sydney)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.10cm , Height: 5.80cm , Length: 24.60cm
Weight:   1.722kg
ISBN:  

9780198715481

ISBN 10:   019871548
Pages:   1072
Publication Date:   26 March 2015
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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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

Reviews

The contributors were encouraged to consider future challenges and developments in the law of the sea... The Handbook provides a valuable resource for those involved in such critical developments. K. J. Keith, The American Journal of International Law This volume brings together a distinguished blend of leading and emerging commentators to address the key topics encapsulated in this expansive area of international law. [It] provides an extensive survey of the current state of the law in this key area of global governance. Dr Richard Caddell, Journal of International Maritime Law

This handbook is published at a time when the law of the sea has become one of the most significant challenges to contemporary international law and international community. This book provides international lawyers' state-of-the-art knowledge; more experienced lawyers with fresh updates and insights; and students with a current and comprehensive education and resource on the law of the sea. A reader-friendly book which covers the basics and complexities of traditional law of the sea, maritime zones, rights and obligations of interested States, and addresses contemporary issues of the law of the sea such as marine environmental protection, maritime delimitation and marine natural resources. Experienced academics and practitioners, and students who have chosen the law of the sea and international marine environmental law as their field of research will find this timely book to be an important and valuable tool in their work. - Naporn Popattanachai, IUCN Academy of Environmental Law E-Journal

Author Information

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University, Australia where he has taught since 2006, and was previously Challis Professor of International Law at the University of Sydney (2004-2006). His research areas include the law of the sea, the law of the polar regions, international security law, and international law in Australia. He is author, co-author and editor of 16 books. Alex G. Oude Elferink is Deputy Director of the Netherlands Institute for the Law of the Sea at the School of Law, Utrecht University, The Netherlands. His research interests include the law of the sea, the law of the polar regions, and the relationship between international law and international relations. Karen N. Scott is a Professor of Law at the University of Canterbury, Christchurch, New Zealand. Her research interests include Antarctic law and policy, the law of the sea and international environmental law. She is the editor of the New Zealand Yearbook of International Law and a member of the Advisory Board to Gateway Antarctica at the University of Canterbury. Tim Stephens is Professor of International Law and Australian Research Council Future Fellow at the Sydney Law School, University of Sydney, Australia. He is President of the Australian and New Zealand Society of International Law.

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