Tullio Scovazzi – författare

The objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guide the development of protected marine spaces in the macro-region. An essential consideration in defining the ways forward lies in that the current trend towards the establishment of exclusive economic zones could soon become an incentive towards the adoption of a coherent and coordinated Mediterranean – and Adriatic and Ionian – network of transboundary area-based conservation tools. The book will be of interest to policy makers, practitioners, and academics with an interest in public international law, the law of the sea, and sustainable ocean governance.

The objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guide the development of protected marine spaces in the macro-region. An essential consideration in defining the ways forward lies in that the current trend towards the establishment of exclusive economic zones could soon become an incentive towards the adoption of a coherent and coordinated Mediterranean – and Adriatic and Ionian – network of transboundary area-based conservation tools. The book will be of interest to policy makers, practitioners, and academics with an interest in public international law, the law of the sea, and sustainable ocean governance.

This work addresses international concern about the harm which may result from environmentally hazardous activities. It embraces traditional transboundary harm originating in one country and affecting the territory of another country and includes global transboundary harm occurring when the sources of pollution and the potential damages are so widespread that it is impossible to point out either a single responsible State or a single injured State. Rules relating to environmental harm may be found at the level of international responsibility for wrongful conduct, the level of international liability for injurious consequences arising out of acts not prohibited by international law and the level of domestic or uniform rules on civil liability for hazardous activities. While there is a need for a more appropriate legal framework this book does not purport to give definite solutions to open questions. It describes legal tools presently available for dealing with the consequences of international environmental harm, and tries to focus on some specific risks or accidents, as well on some aspects of international cooperation.

In the last few years several States have established specially protected marine areas under their domestic legislation. At the international level the trend towards providing an increased protection to certain marine spaces has also been reflected in a number of treaties and declarations.

This volume reviews the recent developments in the field of specially protected marine areas and preservation of the marine environment in general with particular emphasis on a specific region, the Mediterranean Sea. Special attention is devoted to the latter for three reasons.

First, the regional framework for the protection of the environment in the Mediterranean (the so-called Barcelona system) has recently been updated and strengthened. Second, the Mediterranean is a typical example of the category of semi-enclosed seas where international cooperation between the bordering States should be particularly encouraged in various fields; this also explains why the scope of this book has been enlarged to also cover fisheries, a field which is closely connected to the sustainable development of marine areas. Last and least, the parochial inclination of the editor also influenced his choice.

To complete the picture the relevant texts have been reproduced and a series of maps showing some specially protected marine areas have been drawn.

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.