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Books > Law > International law > Public international law > International law of transport & communications
While it might have been viable for states to isolate themselves
from international politics in the nineteenth century, the
intensity of economic and social globalisation in the twenty-first
century has made this impossible. The contemporary world is an
international world - a world of collective security systems and
collective trade agreements. What does this mean for the sovereign
state and 'its' international legal order? Two alternative
approaches to the problem of 'governance' in the era of
globalisation have developed in the twentieth century: universal
internationalism and regional supranationalism. The first
approaches collective action problems from the perspective of the
'sovereign equality' of all States. A second approach to
transnational 'governance' has tried to re-build majoritarian
governmental structures at the regional scale. This collection of
essays wishes to analyse - and contrast - the two types of
normative and decisional answers that have emerged as responses to
the 'international' problems within our globalised world.
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. The volume examines how the IMO, with 171 Member States and
3 Associated Members, has and continues to promote the goals of
safe, secure, sound, and efficient shipping on clean oceans. It
studies the interface and interaction between UNCLOS and IMO
instruments and how IMOs safety, security, and environmental
protection conventions have contributed to global ocean governance,
including the peaceful order of the polar regions.
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.
This Is A New Release Of The Original 1846 Edition.
This book provides a comprehensive view of the maritime safety and
security challenges in countries of the Indian Ocean Rim
Association (IORA). Various issues such as trans-national crime
including piracy, terrorism, drug and arms smuggling; Humanitarian
Assistance and Disaster Relief (HA/DR) and maritime and
aeronautical Search and Rescue (SAR); Illegal, Unreported and
Unregulated (IUU) fishing and resource management for sustainable
development are viewed from the perspectives of IORA members. It
also discusses the role of cooperative organizational structures
and the need for capability building and capacity optimization in
the light of existing legal frameworks for enhancing maritime
safety and security in the Indian Ocean.
Antarctica, one of the world's last great wildernesses, presents
special challenges for international law. Fears that Antarctica
would become a front in the Cold War catalysed agreement on the
1959 Antarctic Treaty which neither legitimised nor challenged the
existing sovereign claims to the continent. The unique Antarctic
Treaty System has provided the foundation for peaceful, harmonious
and effective governance. There are, however, new anxieties about
the frozen continent and the Southern Ocean. Antarctica already
feels the effects of climate change and ocean acidification.
Claimant states assert rights to the Antarctic continental shelf
and interest in Antarctic resources grows. Tourism brings new
environmental and safety risks. China and other powers are
increasing their activities, with some questioning the consensus of
the 'Antarctic club'. Security concerns are increasingly discussed,
despite Antarctica's dedication to peaceful purposes. This book
brings together the main primary international materials concerning
the regulation and governance of Antarctica, including multilateral
and bilateral treaties, United Nations materials, 'soft laws' and
judicial decisions. It covers the spectrum of Antarctic issues from
environmental protection to scientific cooperation to tourism. As
it shows, Antarctic law has constantly adapted to meet new
challenges and is a sophisticated, inclusive, dynamic and
responsive regime.
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