Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by leading scholar Paul Todd, this Advanced Introduction draws on the author's decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law. Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.

This wholly new edition of the Research Handbook on International Marine Environmental Law provides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment. Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Law is a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, O. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin

Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the Polar regions, where climate change effects and human activities are particularly pressing? Part one of this timely book focuses on Antarctica, centring on the evolving work of the Commission for the Conservation of Antarctic Marine Living Resources in managing the marine living resources of the Southern Ocean. Part two explores the multi-level governance regime in the Arctic, analysing the central Arctic Ocean fisheries agreement, the role of the Arctic Council and law and governance in Arctic states. Finally, part three considers some of the new challenges and opportunities, including new technology, bioprospecting and dispute settlement. Providing a comprehensive assessment of the governance regimes of marine living resources in the Polar regions, this book will be of great interest to academics, NGOs, international organizations and government officials, whilst also being a key resource for practitioners working in the fisheries industries.

In an era of turbulent ocean geopolitics, where environmental concerns and resource extraction are increasing interest in who owns what at sea, this timely book examines the international politics involved in how states delineate ownership and rights in the ocean. Analysing why some states settle their maritime boundary disputes and why others erupt into conflict, Andreas Osthagen uses the innovative approach of combining international law and international relations theory to examine four countries and their maritime disputes: Australia, Canada, Colombia and Norway. With a focus on marine resources, chapters unpack the dispute dynamics concerning offshore oil and gas, fisheries, and strategic security concerns. Through an examination of what led these states to settle their disputes, this innovative book delineates the wider political and legal factors behind boundary-making at sea and aims to improve the way that society resolves ocean conflicts. Navigating the complexities of international law and conflict resolution at sea, this book will prove a thought-provoking read for students and scholars of geopolitics and law. With ocean-governance an increasingly pressing matter on the political agenda of international negotiations such as UN Climate Change conferences, it will also prove an informative resource for officials engaged in ocean affairs, geopolitics, and the law of the sea.

This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field. The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind's well-being and its very resilience is intrinsically linked to the good governance of the ocean's natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism. Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.

This book provides a comprehensive analysis of the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. The editors cover the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. While postulating a public international law framework for offshore oil and gas operations globally and exploring critical elements thereof, this book draws heavily on comparative assessments of domestic concepts and approaches, especially as regards offshore safety, liability for and compensation of harm, and mass tort claims procedures. With a team of experts from all over world as contributing authors, the book offers a unique perspective on what remains a pressing international concern: The safety of offshore operations globally and the proper allocation of loss should a major accident occur. Government officials, international civil servants and academics in related fields will find the book a valuable resource.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Written by leading scholar Paul Todd, this Advanced Introduction draws on the author's decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law. Key features include: broad but concise coverage of international sales, carriage of goods by sea, marine insurance and admiralty law the provision of references and citations for further study exploration of the recent and likely future developments for the field. The Advanced Introduction to Maritime Law will be a key resource for students and non-specialist scholars of commercial law, transport law and maritime law, while also appealing to professionals with an interest in expanding their knowledge of the topic.

This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the multiple threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments. The book also describes regional and national approaches and challenges in responding to ocean acidification. The special vulnerabilities of the Arctic, Antarctic and South Pacific are highlighted. Limited responses by regional sea programmes and regional fisheries management organizations are summarized. Case studies are provided from Australia, Brazil, China and the United States. This discerning Research Handbook will be a welcome read for policy makers and students with an interest in the laws and policies of marine governance and climate change. This will also be an ideal read for those who are interested in the pressing environmental issues facing the world community.

Shipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.

Peaceful Maritime Engagement in East Asia and the Pacific Region includes contributions from the most influential figures in the law of the sea to provide context and direction for developing maritime governance in East Asia and the Pacific Ocean. Peaceful management of disputes includes cooperation over deep seabed mining, negotiations for a legally binding instrument on biodiversity beyond national jurisdiction, contending approaches to baselines and East Asia maritime boundary disputes, freedom of navigation and maritime law enforcement. Chapters also explore new interpretations for preservation of the marine environment and the special problems posed by marine plastics and nexus between the ocean and climate change.

The scope of marine scientific research has long been debated due to a lack of definition of the term in the United Nations Convention on the Law of the Sea (UNCLOS). The introduction of new forms and methods of ocean data collection adds another layer of legal uncertainty in this field. Marine Scientific Research and the Regulation of Modern Ocean Data Collection Activities Under UNCLOS thus strives to identify the possible limits of the existing legal framework, mainly the UNCLOS marine scientific research regime, and the ways in which the identified gaps can be bridged. In the analysis, Chuxiao Yu carries out two case studies: one on access to marine genetic resources and the other on operational oceanographic activities.

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states' participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).

The International Ocean Institute-Canada has produced this collection of over 80 insightful essays on the future of ocean governance and capacity development. The book honors the work of Elisabeth Mann Borgese (1918-2002), preeminent ocean advocate and founder of the IOI. More than 90 leading experts explore future challenges and opportunities for ocean governance and capacity development. Major themes include the law of the sea, ocean sciences, integrated coastal and ocean management, fisheries and aquaculture, communication and negotiations, maritime safety and security, ocean energy, and maritime transportation. The essay collection is aimed at professionals, students and citizens alike - covering themes that parallel those in the annual Training Program of IOI-Canada. A leading member of the International Ocean Institute's network of centers and focal points worldwide, IOI-Canada was founded by Elisabeth Mann Borgese in 1979.

During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States. New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of "traditional" methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.

In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution - long the foundation of the UNCLOS framework - in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.

Law of the Sea is a collection of foundational and contemporary essays and articles which together, provide a comprehensive overview and analysis of the current law. With a particular focus on some of the key debates that arose during negotiation of the 1982 United Nations Convention on the Law of the Sea and how those issues are now seen in light of Twenty-First Century events, this book is an essential resource for students and researchers engaging in this dynamic and fundamental area of the International Law field. Contributors include leading diplomats, scholars and practitioners of the Law of the Sea.

Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China. The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration. This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read. Contributors include: R. Beckman, T. Davenport, E. Franckx, L.Q. Hung, S. Jayakumar, S. Kaye, T. Koh, Y. Lyons, M.H. Nordquist, N. Oral, H.D. Phan, J.A. Roach, C Symmons

In The Estonian Straits, Alexander Lott establishes the interrelations between the main legal categories of straits. Through this detailed and exceptional account, he provides legal classifications for the Viro Strait in the Gulf of Finland as well as the Irbe Strait and the Sea of Straits in the Gulf of Riga. Consequently, the passage rights of foreign ships and aircrafts in the northeastern part of the Baltic Sea are determined. The author demonstrates that the legal regime of the Estonian Straits has been and continues to be determined by such factors as the outer limits of maritime zones, treaties, islands, maritime boundary delimitation, domestic law on internal waters and baselines as well as geopolitical implications (particularly the concept of State continuity).

The overarching vision of the 2050 Africa's Integrated Maritime Strategy is to foster increased wealth creation from Africa's oceans and seas by developing a sustainable thriving blue economy in a secure and environmentally sustainable manner. The Law of the Sea: The African Union and its Member States provides a first and firm foundation for an assessment and the further development of the legal aspects of ocean governance on the continent. It is an indispensable reference for all the role players in the African Maritime Domain, including agencies and governments, business, civil society, lawyers, scientists and students.

Read also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.

In Regional Co-operation and Protection of the Marine Environment under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices.

The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey, adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority's evolutionary work as well as its legal framework.

The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of the unresolved legal concerns related to the continental shelf. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.