A Dual Approach To Ocean Governance

Author: Yoshifumi Tanaka
Publisher: Routledge
ISBN: 1317188314
Size: 12.95 MB
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Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

The Imli Treatise On Global Ocean Governance

Author: Malgosia Fitzmaurice
Publisher: Oxford University Press
ISBN: 0192557254
Size: 16.63 MB
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The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.

Governing Europe S Marine Environment

Author: Michael Gilek
Publisher: Routledge
ISBN: 1317125703
Size: 65.31 MB
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Governing Europe's Marine Environment is a coherent up-to-date multidisciplinary analysis of current approaches and challenges to the sustainable governance of Europe's marine environment. Structured in three parts, Part 1 outlines general theoretical ideas about governance, governing, and governability and serves as a starting point for analysing the development of marine governance in Europe from the perspective of different disciplines. Part 2 includes studies of EU marine governance. Part 3 focuses on Europe's regional seas, namely the Baltic Sea, the North Sea, the Black Sea, and the Mediterranean Sea. This book presents a better understanding of the fragmented governance of marine governance in Europe and in particular the tension between the Europeanization of regional seas and the regionalization of EU policies.

Foreign Investment International Law And Common Concerns

Author: Tullio Treves
Publisher: Routledge
ISBN: 1135071896
Size: 60.41 MB
Format: PDF, ePub
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Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

The International Law Of The Sea

Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1316299813
Size: 29.65 MB
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This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

Terrorism War And International Law

Author: Myra Williamson
Publisher: Routledge
ISBN: 1317045947
Size: 10.18 MB
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This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

Protecting The Marine Environment From Land Based Sources Of Pollution

Author: Daud Hassan
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754646013
Size: 52.74 MB
Format: PDF
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Identifying the sources and effects of land-based marine pollution, this volume analyzes the problems of controlling them and examines the management principles, policy and regulation at both regional and international level. The text provides a valuable insight into an important area of international environmental law.

Legal Order In The World S Oceans

Author: Myron H. Nordquist
Publisher: Center for Oceans Law and Poli
ISBN: 9789004352537
Size: 48.59 MB
Format: PDF, Kindle
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Legal 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.