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Research Handbook on Ocean Governance Law

Research Handbook on Ocean Governance Law

Author: Simone Borg; Felicity G. Attard; Patricia M. Vella de Fremeaux
Publisher: Edward Elgar Publishing
ISBN: 9781839107689
Published In: January 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.

The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind’s well-being and its very resilience is intrinsically linked to the good governance of the ocean’s natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism.

Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.

Foreword xiv

David Joseph Attard

Preface and acknowledgements xvi

List of abbreviations xvii

Introduction to the Research Handbook on Ocean Governance Law 1

Simone Borg, Patricia Mallia Vella de Fremeaux and Felicity G. Attard

PART I: THE BLUE SPACE

A 50-year reflection on global ocean governance for protection of the marine environment 10

Nilüfer Oral

Maritime zones in international law 24

Danilo García Cáceres

Airspace, sovereignty and ocean governance 47

Roberto Cassar

Marine scientific research as a tool for ocean governance 59

Norman A. Martínez Gutiérrez

Dispute settlement and ocean governance 72

Vladyslav Lanovoy

PART II: THE BLUE PLANET

The International Convention for the Prevention of Pollution from Ships (MARPOL) 91

Malgosia Fitzmaurice

Land-based sources of marine pollution and dumping at sea 109

Meagan Wong and Niccolò Lanzoni

Ocean pollution from plastics 128

Jyothi Thomas

Noise pollution in the marine environment 151

Georgia Veldeki

10.

Conservation of living marine resources 162

Elda Kazara-Belja

PART III: THE INTEGRATED APPROACH FOR SUSTAINABLE OCEAN GOVERNANCE

11.

Ocean governance in an era of climate change 179

Simone Borg

12.

Implementing the ecosystem approach through area-based management 205

Daniela Diz

13.

The interaction between an Agreement on Biodiversity Beyond National Jurisdiction and the law of the sea 220

David M. Ong

PART IV: THE BLUE ECONOMY

14.

Towards a more inclusive, systemic and multi-regulatory Blue Economy: the case of offshore wind energy 267

Sandra Cassotta

15.

Advancing a sustainable Blue Economy – case study: fisheries governance in the Indian Ocean 283

Erika Techera

16.

The submarine cable systems and landing stations in international law 295

Danilo García Cáceres

17.

Carriage of goods by sea 316

Richard L. Kilpatrick, Jr.

18.

The cultural heritage at sea 325

Ángeles Jiménez García-Carriazo

PART V: THE HUMAN SEA

19.

Piracy and armed robbery 337

Andrew Mallia

20.

Maritime terrorism and trafficking in weapons of mass destruction 348

John Hursh

21.

Smuggling of migrants and trafficking in persons by sea 363

Patricia Mallia Vella De Fremeaux and Felicity G. Attard

22.

Human rights at sea 381

Irini Papanicolopulu

Bibliography 396

Index

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