The Oxford Handbook of the Law of the Sea

Hardcover | April 10, 2015

EditorDonald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott

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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 therights 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 seenconsiderable 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 thechallenges 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 UNConvention. 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 eachof 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 ofresource 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 beenpivotal 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-provokingresource for scholars, students, and practitioners of the law of the sea.

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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 therights and responsibilities of nations in their u...

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University, Australia where he has taught since 2006, and was previously Challis Professor of International Law at the University of Sydney (2004-2006). His research areas include the law of the sea, the law of the polar regions, interna...

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Format:HardcoverDimensions:960 pages, 9.69 × 6.73 × 0.1 inPublished:April 10, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019871548X

ISBN - 13:9780198715481

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Table of Contents

Part I: Introduction1. Professor Tullio Treves: Historical Development of the Law of the Sea2. Professor Robin Churchill: The 1982 United Nations Convention on the Law of the SeaPart II: The Maritime Domain: Boundaries and Zones3. Coatler Lathrop: Baselines4. Professor John Noyes: The Territorial Sea and Contiguous Zone5. Professor Donald R. Rothwell: International Straits6. Tara Davenport: Archipelagic Waters7. Dr Gemma Andreone: The Exclusive Economic Zone8. Professor Ted L. McDorman: The Continental Shelf9. Dr Douglas Guilfoyle: The High Seas10. Michael Lodge: The Deep Seabed11. Professor Malcolm Evans: Maritime Boundary DelimitationPart III: Actors and Institutions12. Professor Erik J. Molenaar: Coastal and Port States13. Professor Richard Barnes: Flag States14. Disadvantaged States15. Ambassador Hans Corell: The United Nations16. Dr James Harrison: Law of the Sea Convention Institutions17. Professor Bernard H. Oxman: Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals18. Professor Aldo Chircop: The International Maritime Organization19. Professor Rosemary Rayfuse: Regional Fisheries Management OrganisationsPart IV: Control, Management and Regulation20. Professor Karen N. Scott: Integrated Oceans Management21. Professor Nele Matz-Luck: Marine Living Resource Management22. Elizabeth Kirk: Non-Living Resource Management23. Associate Professor Yoshifumi Tanaka: Navigational Rights and Freedoms24. Professor Alfred Soons: Marine Scientific Research25. Professor Natalie Klein: Maritime SecurityPart V: Distinctive Marine Regions26. Dr Irini Papanicolopulu: The Mediterranean Sea27. Professor Keyuan Zou: The South China Sea28. Professor Ronan Long: The North East Atlantic (North Sea, OSPAR area)29. Dr David Freestone: The Caribbean Sea30. Dr Alex Oude Elferink: The Indian Ocean31. Professor David VanderZwaag: The Polar OceansPart VI: Critical Contemporary Issues32. Professor Erik Franckx: Creeping Jurisdiction33. Associate Professor Robin Warner: Areas Beyond National Jurisdiction34. Associate Professor Tim Stephens: Climate Change and Ocean Acidification35. Dr Edward Goodwin: Threatened Species and Vulnerable Marine Ecosystems36. Joanna Mossop: Bioprospecting37. Dr Anna Petrig: Piracy38. Dr James Kraska CDR: Military Operations39. Irina Buga: Law of the Sea and Regime Interaction40. The Editors: The Future of the Law of the Sea