Tim Stephens - Böcker

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Human activities have taken place in the world's oceans for most of human history. With the oceans being used for trade, being exploited for fisheries and mineral resources extraction, and becoming the focal point for security crises, the legal regime regulating the rights and responsibilities of nations in their use of the world's oceans has long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by thirty nine expert contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. It is an invaluable and thought-provoking resource for scholar, students, and practitioners of the law of the sea.

International environmental law has come of age, yet the global environment continues to deteriorate. The challenge of the twenty-first century is to reverse this process by ensuring that governments comply fully with their obligations, and progressively assume stricter duties to preserve the environment. This book is the first comprehensive examination of international environmental litigation. Analysing the spectrum of adjudicative bodies that are engaged in the resolution of environmental disputes, it offers a reappraisal of their relevance in contemporary contexts. The book critiques the contribution that arbitral awards and judicial decisions have made to the development of environmental law, and considers the looming challenges for international litigation. With its unique combination of scholarly analysis and practical discussion, this work is especially relevant to an era in which environmental matters are increasingly being brought before international jurisdictions, and will be of great interest to students and scholars engaged with this vital field.

The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.

Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of ‘Reduced Emissions from Deforestation and Degradation’ (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples.This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.

Deforestation in tropical rainforest countries is one of the largest contributors to human-induced climate change. Deforestation, especially in the tropics, contributes around 20 per cent of annual global greenhouse gas emissions, and, in the case of Indonesia, amounts to 85 per cent of its annual emissions from human activities. This book provides a comprehensive assessment of the emerging legal and policy frameworks for managing forests as a key means to address climate change. The authors uniquely combine an assessment of the international rules for forestry governance with a detailed assessment of the legal and institutional context of Indonesia; one of the most globally important test case jurisdictions for the effective roll-out of ‘Reduced Emissions from Deforestation and Degradation’ (REDD). Using Indonesia as a key case study, the book explores challenges that heavily forested States face in resource management to address climate mitigation imperatives, such as providing safeguards for local communities and indigenous peoples.This book will be of great relevance to students, scholars and policymakers with an interest in international environmental law, climate change and environment and sustainability studies in general.

Praise for the previous edition:“A complete overview of the subject which does not intimidate the reader but rather spurns interest and understanding in the subject.”European Energy and Environmental Law Review“…(the book is) scholarly yet accessible and very readable; thoroughly recommended.”Law Institute JournalDescriptionThe law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth’s surface. This book provides a comprehensive assessment of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea and an analysis of subsequent developments including many bilateral, regional, and global agreements that supplement the Convention.The third edition of this acclaimed text has been thoroughly revised and updated, and now incorporates a dedicated chapter on natural and artificial islands. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, marine scientific research, and marine resource and conservation issues such as fisheries, marine environmental protection and dispute settlement.The book also takes stock of contemporary oceans governance issues not adequately addressed by the Convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, the need for stronger legal and policy responses to protect the global ocean environment from climate change and ocean acidification, and work on a new agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.

This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges.Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene.Contributors: R. Davis, M. Doelle, M. Haward, R. Huebert, J. Jabour, R. Abdul Kadir, L. Kriwoken, S. Lalonde, D. Leary, T.L. McDorman, R. Rayfuse, D.R. Rothwell, T. Stephens, D.L. VanderZwaag, M. Weber, S. Wright

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.

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.

This book explores how geopolitical tensions have shaped the Antarctic Treaty System (ATS) and offers insights into managing future challenges. The ATS, established with the 1959 Antarctic Treaty during the Cold War, has been a successful model of international governance, ensuring Antarctica's peaceful use and environmental protection. However, the ATS now faces new pressures, including an expanded membership of 57 states, increased economic activities such as tourism, fishing, and bio-prospecting, and the impacts of climate change. These factors are exacerbating geopolitical tensions that could challenge the stability of the ATS.The book examines key moments in the history of the ATS to understand how past tensions were managed and what lessons can be drawn for the future. The volume covers the creation of the CCAMLR marine conservation treaty in the late 1970s-1980s; the developing world's opposition to the ATS in United Nations debates during the 1980s-1990s; the shift from permitting Antarctic mining to establishing the Madrid Protocol on Environmental Protection in the early 1990s; the formation of the International Association of Antarctic Tourism Operators; the management of Illegal, Unregulated, and Unreported (IUU) fishing in the 2000s; and the proposals for marine protected areas under the CCAMLR Convention in recent years. Several contributions also draw on critical and regional perspectives to make sense of geopolitical pressures on Antarctic governance and how they might play out over the years and decades ahead.Through its attention both to critical turning points in the history of the ATS, and a broad range of conceptual approaches, the book provides an authoritative assessment of the ATS's capacity to address emerging geopolitical stresses and provides strategies for future governance. It is a timely resource for understanding the evolving dynamics in Antarctica and ensuring the region remains a zone of peace and scientific collaboration.This book is a companion volume to McGee, Edmiston and Haward, 2022, The Future of Antarctica: Scenarios form Classical Geopolitics, in the Springer Polar Sciences Series.Chapter 18 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.