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Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
Book Synopsis Marine Protected Areas in International Law by : Ingvild Ulrikke Jakobsen
Download or read book Marine Protected Areas in International Law written by Ingvild Ulrikke Jakobsen and published by BRILL. This book was released on 2016-08-19 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
Book Synopsis International Law and Marine Areas beyond National Jurisdiction by : Vito De Lucia
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Book Synopsis The Designation of Marine Protected Areas by : Anna von Rebay
Download or read book The Designation of Marine Protected Areas written by Anna von Rebay and published by Springer Nature. This book was released on 2023-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.
Book Synopsis The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction by : Wen Duan
Download or read book The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction written by Wen Duan and published by BRILL. This book was released on 2022-06-20 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.
In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea. Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future. All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.
Book Synopsis Regional Co-operation and Protection of the Marine Environment Under International Law by : Nilufer Oral
Download or read book Regional Co-operation and Protection of the Marine Environment Under International Law written by Nilufer Oral and published by Martinus Nijhoff Publishers. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices. The book provides a thorough review of the complex modern challenges related to the Black Sea, with particular emphasis on biodiversity, fisheries, land-based pollution and vessel-based sources of pollution. A history of regional co-operation in the Black Sea offers an enlightening comparison to the development of regional co-operation in international law, in particular, to Part IX of the 1982 United Nations (Montego Bay) Convention on the Law of the Sea. Further comparative analyses, such as the existing regional regime of the Black Sea as established under the 1992 UNEP Regional Seas Programme, and selected regional seas programmes, including the acquis communautaire of the European Union, cohere into a firm foundation of present findings, upon which basis the author makes recommendations for the future. All those interested in the Law of the Sea, international environmental law, and fisheries management will find a critical new text in Regional Co-operation and Protection of the Marine Environment Under International Law: The Black Sea.
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
Book Synopsis A Dual Approach to Ocean Governance by : Yoshifumi Tanaka
Download or read book A Dual Approach to Ocean Governance written by Yoshifumi Tanaka and published by Routledge. This book was released on 2016-03-23 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.
Book Synopsis Transboundary Marine Spatial Planning and International Law by : Daud Hassan
Download or read book Transboundary Marine Spatial Planning and International Law written by Daud Hassan and published by Routledge. This book was released on 2015-07-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.
International Marine Mammal Law is a comprehensive, introductory volume on the legal regimes governing the conservation and utilisation of marine mammals. Written as a textbook, it provides basic overviews of international conservation law, which enable the reader to understand the greater implications of governance of a specific group of species. Paired with biological information on some marine mammal species, the international regimes for whales, seals and polar bears are explored — either as part of global regimes of international environmental governance or as regimes that were specifically designed for them. The book concludes with outlooks on the future of international marine mammal law, particularly in light of Japan’s withdrawal from the International Convention for the Regulation of Whaling in July 2019.
Book Synopsis International Marine Mammal Law by : Nikolas Sellheim
Download or read book International Marine Mammal Law written by Nikolas Sellheim and published by Springer Nature. This book was released on 2020-01-28 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Marine Mammal Law is a comprehensive, introductory volume on the legal regimes governing the conservation and utilisation of marine mammals. Written as a textbook, it provides basic overviews of international conservation law, which enable the reader to understand the greater implications of governance of a specific group of species. Paired with biological information on some marine mammal species, the international regimes for whales, seals and polar bears are explored — either as part of global regimes of international environmental governance or as regimes that were specifically designed for them. The book concludes with outlooks on the future of international marine mammal law, particularly in light of Japan’s withdrawal from the International Convention for the Regulation of Whaling in July 2019.
This volume seeks to provide the reader with a clear understanding to the way that protected areas are created, listed and managed in international law. In doing so, it provides a complete overview of the primary international and regional conventions in this area, and the decisions and resolutions that have come from them. In doing so, it provides a comprehensive examination of, inter alia, the World Heritage Convention, the Man and the Biosphere regime, the Ramsar (Wetlands) Treaty, and the Convention on Migratory Species. It also deals extensively with the important regional conventions in this area, covering Europe, Africa and the Americas. The regimes governing international maritime protected areas, and Antarctica, are also dealt with. In each area, the values, selection considerations, management, and compliance considerations are examined in detail and linked into recognizable examples from well known protected sites of international significance.
Book Synopsis Protected Areas and International Environmental Law by : Alexander Gillespie
Download or read book Protected Areas and International Environmental Law written by Alexander Gillespie and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to provide the reader with a clear understanding to the way that protected areas are created, listed and managed in international law. In doing so, it provides a complete overview of the primary international and regional conventions in this area, and the decisions and resolutions that have come from them. In doing so, it provides a comprehensive examination of, inter alia, the World Heritage Convention, the Man and the Biosphere regime, the Ramsar (Wetlands) Treaty, and the Convention on Migratory Species. It also deals extensively with the important regional conventions in this area, covering Europe, Africa and the Americas. The regimes governing international maritime protected areas, and Antarctica, are also dealt with. In each area, the values, selection considerations, management, and compliance considerations are examined in detail and linked into recognizable examples from well known protected sites of international significance.
Providing a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.
Book Synopsis Legal Aspects of Marine Protected Areas in the Mediterranean Sea by : Mitja Grbec
Download or read book Legal Aspects of Marine Protected Areas in the Mediterranean Sea written by Mitja Grbec and published by Taylor & Francis. This book was released on 2023-09-11 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000’ Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an interest in public international law, law of the sea and sustainable ocean governance.
