Hardback
Research Handbook on International Marine Environmental Law
2nd edition
9781789909074 Edward Elgar Publishing
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters 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.
This title contains one or more Open Access chapters.
This title contains one or more Open Access chapters.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘This second edition of the Research Handbook is a tour de force of the most relevant topics of marine environmental law by global experts in the field. This book is a must read for any practitioners and policymakers who are interested in viable solutions for ocean governance dilemmas where the needs of humans may not be easy to reconcile with the needs of increasingly precarious ocean ecosystems.’
– Anastasia Telesetsky, California State University, San Luis Obisbpo, US
‘The Research Handbook provides a comprehensive analysis of critical issues in international marine environmental law. Ambitious and forward looking, it addresses contemporary concerns, such as biodiversity loss, plastic pollution and climate change, suggesting solutions for coping with these challenges. This is an excellent and highly recommended publication for scholars and practitioners engaged in this crucial field of law.’
– Tomas Heidar, Vice-President of the International Tribunal for the Law of the Sea
– Anastasia Telesetsky, California State University, San Luis Obisbpo, US
‘The Research Handbook provides a comprehensive analysis of critical issues in international marine environmental law. Ambitious and forward looking, it addresses contemporary concerns, such as biodiversity loss, plastic pollution and climate change, suggesting solutions for coping with these challenges. This is an excellent and highly recommended publication for scholars and practitioners engaged in this crucial field of law.’
– Tomas Heidar, Vice-President of the International Tribunal for the Law of the Sea
Contributors
Contributors: Jeff Ardron, Vasco Becker-Weinberg, Richard Caddell, Robin Churchill, Neil Craik, Kristine Gu, Harriet Harden-Davies, James Harrison, Ellycia Harrould-Kolieb, Tore Henriksen, Anna-Maria Hubert, Aline Jaeckel, Natalie Klein, Hannah Lily, Michael Lodge, Millicent McCreath, Nilufer Oral, Alexander Proelss, Rosemary Rayfuse, Henrik Ringbom, Rozemarijn J. Roland Holst, Karen N. Scott, Tim Stephens, Yoshifumi Tanaka, Erika Techera, Hilde J. Woker
Contents
Contents:
Preface xi
PART I MARINE ENVIRONMENTAL LAW IN THE 21ST CENTURY
1 International marine environmental law in the 21st century 2
Rosemary Rayfuse, Aline Jaeckel and Natalie Klein
2 The UN Convention on the Law of the Sea – still relevant to protection
of the marine environment? 33
Robin Churchill
3 Fragmentation and coherence in the legal framework for the protection
of the marine environment 57
Alexander Proelss
PART II LEGAL FRAMEWORKS FOR THE PROTECTION OF THE
MARINE ENVIRONMENT
4 Basic principles of international marine environmental law 81
Yoshifumi Tanaka
5 Compliance mechanisms under treaties relating to protection of the
marine environment 104
James Harrison
6 Resolving international disputes concerning the marine environment 124
Natalie Klein and Millicent McCreath
7 Mapping progress and challenges for the UNEP Regional Sea
Programme for the Mediterranean 150
Nilufer Oral
8 The Indian Ocean region and marine environmental law 172
Erika Techera
PART III POLLUTION AND THE MARINE ENVIRONMENT
9 Vessel-source pollution – some key developments 196
Henrik Ringbom
10 Regulating shipping under conditions of uncertainty: The Arctic Ocean
and knowledge-based decision-making 218
Tore Henriksen
11 From ocean dumping to marine geoengineering: The evolution of the
London Regime 240
Karen N Scott
12 Ocean acidification 264
Ellycia Harrould-Kolieb and Tim Stephens
PART IV PROTECTING MARINE BIODIVERSITY
13 Protecting the marine environment of the deep seabed 289
Michael Lodge
14 Protecting marine biodiversity and vulnerable marine ecosystems 311
Rosemary Rayfuse
15 Marine mammals and migratory species 333
Richard Caddell
PART V MECHANISMS AND TOOLS FOR PROTECTING THE
MARINE ENVIRONMENT
16 Public participation in the governance of deep-seabed mining in the Area 361
Jeff Ardron, Hannah Lily and Aline Jaeckel
17 Marine scientific research and the protection of the seas and oceans 385
Anna-Maria Hubert
18 New technology and the protection of the marine environment 409
Hilde J Woker, Rozemarijn J Roland Holst and Harriet Harden-Davies
19 Implementing environmental impact assessment in areas beyond
national jurisdiction: Epistemic, institutional and normative challenges 428
Neil Craik and Kristine Gu
20 Enhancing marine protected areas and marine spatial planning through
an ecosystem approach 451
Vasco Becker-Weinberg
Index 467
Preface xi
PART I MARINE ENVIRONMENTAL LAW IN THE 21ST CENTURY
1 International marine environmental law in the 21st century 2
Rosemary Rayfuse, Aline Jaeckel and Natalie Klein
2 The UN Convention on the Law of the Sea – still relevant to protection
of the marine environment? 33
Robin Churchill
3 Fragmentation and coherence in the legal framework for the protection
of the marine environment 57
Alexander Proelss
PART II LEGAL FRAMEWORKS FOR THE PROTECTION OF THE
MARINE ENVIRONMENT
4 Basic principles of international marine environmental law 81
Yoshifumi Tanaka
5 Compliance mechanisms under treaties relating to protection of the
marine environment 104
James Harrison
6 Resolving international disputes concerning the marine environment 124
Natalie Klein and Millicent McCreath
7 Mapping progress and challenges for the UNEP Regional Sea
Programme for the Mediterranean 150
Nilufer Oral
8 The Indian Ocean region and marine environmental law 172
Erika Techera
PART III POLLUTION AND THE MARINE ENVIRONMENT
9 Vessel-source pollution – some key developments 196
Henrik Ringbom
10 Regulating shipping under conditions of uncertainty: The Arctic Ocean
and knowledge-based decision-making 218
Tore Henriksen
11 From ocean dumping to marine geoengineering: The evolution of the
London Regime 240
Karen N Scott
12 Ocean acidification 264
Ellycia Harrould-Kolieb and Tim Stephens
PART IV PROTECTING MARINE BIODIVERSITY
13 Protecting the marine environment of the deep seabed 289
Michael Lodge
14 Protecting marine biodiversity and vulnerable marine ecosystems 311
Rosemary Rayfuse
15 Marine mammals and migratory species 333
Richard Caddell
PART V MECHANISMS AND TOOLS FOR PROTECTING THE
MARINE ENVIRONMENT
16 Public participation in the governance of deep-seabed mining in the Area 361
Jeff Ardron, Hannah Lily and Aline Jaeckel
17 Marine scientific research and the protection of the seas and oceans 385
Anna-Maria Hubert
18 New technology and the protection of the marine environment 409
Hilde J Woker, Rozemarijn J Roland Holst and Harriet Harden-Davies
19 Implementing environmental impact assessment in areas beyond
national jurisdiction: Epistemic, institutional and normative challenges 428
Neil Craik and Kristine Gu
20 Enhancing marine protected areas and marine spatial planning through
an ecosystem approach 451
Vasco Becker-Weinberg
Index 467
