Bringing new law to ocean waters / edited by David D. Caron and Harry N. Scheiber.

Format:

Book

Contributor:

Caron, David D.

Scheiber, Harry N.

Series:

Publications on ocean development ; v. 47.

Publications on ocean development ; v. 47

Language:

English

Subjects (All):

Law of the sea--Congresses.

Law of the sea.

Fishery law and legislation--Congresses.

Fishery law and legislation.

Regionalism (International organization)--Congresses.

Regionalism (International organization).

Physical Description:

1 online resource (513 p.)

Edition:

1st ed.

Place of Publication:

Berkeley : Law of the Sea Institute, University of California ; Leiden ; Boston : M. Nijhoff Publishers, c2004.

Language Note:

English

Summary:

In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials. "Bringing new law to ocean waters" --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.

Contents:

Part 1,

Chapter 1 Bringing New Law to Ocean Waters, by Harry N. Scheiber and David D. Caron ,

Chapter 2 Changing Perspectives on the Oceans: Implications for International Fisheries and Oceans Governance, by Lawrence Juda ,

Part 2 The Regionalization and Realities of High Seas Fisheries,

Chapter 3 U.S. Policy, the Pacific Tuna Economy, and Ocean Law Innovation: The Post-World War II Era, 1945-70, by Harry N. Scheiber ,

Chapter 4 Transformations in the Law Governing Highly Migratory Species: 1970- Present, by Christopher J. Carr ,

Chapter 5 Illegal, Unreported, and Unregulated (IUU) Fishing: Global and Regional Responses, by Moritaka Hayashi ,

Chapter 6 IUU Fishing or IUU Operations? Some Observations on Diagnosis and Current Treatment, by Davor Vidas ,

Chapter 7 The Regional Fishery Management Organizations and Ocean Law: A Perspective from Taiwan, by Yann-huei Song ,

Chapter 8 Multilateralism and Marine Issues in the Southeast Atlantic, by Erik Franckx ,

Part 3 Technology and Sea-bed Issues,

Chapter 9 The UNESCO Convention on the Underwater Cultural Heritage: A Spanish View, by Carlos Espósito and Cristina Fraile ,

Chapter 10 Historic Time Capsules or Environmental Time Bombs? Legal & Policy Issues Regarding the Emerging Risk of Major Oil Spills from Historic Shipwrecks, by John G. White ,

Chapter 11 Managing Foreign Access to Marine Genetic Materials: Moving from Capture to Cooperation, by Richard J. McLaughlin ,

Part 4 Institutions and Adjudication,

Chapter 12 The International Tribunal for the Law of the Sea, by Bernard Oxman ,

Chapter 13 Jurisdictional Conflicts Between International Tribunals: A Framework for Adjudication & Implementation, by Lakshman Guruswamy ,

Chapter 14 , The Law of the Sea Convention Ten Years after Entry into Force: Positive Developments and Reasons for Concern, by Tullio Treves ,

Part 5 The Ocean Environment,

Chapter 15 The Evolution and International Acceptance of the Precautionary Principle, by Jon M. Van Dyke ,

Chapter 16 Deconstructing the Precautionary Principle, by Daniel Bodansky ,

Chapter 17 Finding Out What the Oceans Claim: The 1991 Gulf War, the Marine Environment and The United Nations Compensation Commission, by David D. Caron ,

Part 6 The New Practice of Maritime Boundaries,

Chapter 18 , Compromise Sea Law: Swedish Negotiation Experiences, by Hugo Tiberg ,

Chapter 19 Stormy Waters on the Way to the High Seas: The Case of the Territorial Sea Delimitation between Croatia and Slovenia, by Damir Arnaut ,

Chapter 20 A Note on the Commission on the Limits of the Continental Shelf and the Submission of the Russian Federation, by Ted L. McDorman ,

Chapter 21 The Changeable Legal Status of Islands and "Non-Islands" in the Law of the Sea: Some Instances in the Asia-Pacific Region, by Choon-Ho Park.

Notes:

Description based on print version record.

Papers from the third major conference of recent years at UC-Berkeley, since 2002 the headquarters of the United Nations Law of the Sea Institute.

Includes bibliographical references.

ISBN:

1-280-86711-6

9786610867110

1-4294-3257-8

90-474-0629-X

1-4337-0615-6

OCLC:

476023687

Publisher Number:

10.1163/9789047406297 DOI