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Unconventional Lawmaking in the Law of the Sea (Hardcover)
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Unconventional Lawmaking in the Law of the Sea (Hardcover)
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Unconventional Lawmaking in the Law of the Sea explores the ways
that actors operating at the international level develop standards
of behaviour to regulate varied maritime activities beyond
traditional lawmaking. Other than conventions and customary
international law, there is a plethora of international agreements
that influence international conduct. This 'soft law' or 'informal
law' is now prolific in ocean governance, and so it is time to
consider its significance for the law of the sea. This monograph
brings together women law-of-the-sea scholars with expertise in
specific areas of the law of the sea, as well as international law
more generally. Informal lawmaking is examined in relation to ocean
resources, maritime security, shipping and navigation, and the
marine environment. In each instance, there are reflections on the
diverse actors, processes, and outputs shaping the regulation of
the oceans. The analyses in this book further consider what this
activity means within the rules on the sources, formation, and
interpretation of international law. The growing reliance on
informal agreements to fill legal gaps provides quick responses to
pressing matters. We must assess and understand these new forms of
cooperation in order to influence existing treaties or customary
international law. Unconventional Lawmaking in the Law of the Sea
surveys the scope of informal lawmaking in the law of the sea and
evaluates the significance of this activity for the UN Convention
on the Law of the Sea, as well as for ocean governance more
broadly, now and in the future.
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