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International Law and Marine Areas beyond National Jurisdiction: Reflections on Justice, Space, Knowledge and Power

International Law and Marine Areas beyond National Jurisdiction: Reflections on Justice, Space, Knowledge and Power

Author: Vito De Lucia; Alex Oude Elferink; Lan Ngoc Nguyen
Publisher: Brill Nijhoff
ISBN: 9789004506350
Published In: January 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.

Acknowledgments and Preface

List of Figures and Tables

Table of Acronyms

Notes on Contributors

Table of Cases

Table of Treaties

1. Areas beyond National Jurisdiction – Looking at and beyond the bbnj Process

Alex Oude Elferink, Vito De Lucia and Lan Ngoc Nguyen

2. Ocean Commons and an ‘Ethological’ Nomos of the Sea

Vito De Lucia

3. The Nature of Legal Relations between States under the Proposed bbnj Agreement

Nigel Bankes

4. Mapping Key Past and Current Debate on Areas beyond National Jurisdiction

Tore Henriksen

5. Principled Challenges Between Collective Interest and Individual Freedom

Lan Ngoc Nguyen

6. Thinking about Ocean Governance By Whom, for Whom?

Margherita Poto

7. Finding a Home for bbnj – The cbd, the losc, and the General Assembly Complementary Alternatives?

Alex Oude Elferink and Baine Kerr

8. Protecting the Environment of abnj through Marine Protected Areas and Area-based Management Tools Is the Glass Half Empty or Half Full and Whose Glass is It Anyway?

Alex Oude Elferink

9. The Relevance of the Human Right to Science for the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction A New Legally Binding Instrument to Support Co-Production of Ocean Knowledge Across Scales

Elisa Morgera

10. ‘The Construction of Ocean Space in Areas beyond National Jurisdiction A Fisheries Perspective’

Richard Barnes

11. Ships in ABNJ – Broadening Jurisdictional Opportunities for Non-flag States

Henrik Ringbom

12. Imagining a Polycentric Institutional Governance for Marine Areas beyond National Jurisdiction

Kristine Kraabel

13. Dispute Settlement in Areas beyond National Jurisdiction

Joanna Mossop

14. The Legal Regime of Areas beyond National Jurisdiction Viewed through the Lenses of Power, Knowledge, Justice and Space

Lan Ngoc Nguyen, Alex Oude Elferink and Vito De Lucia

Index