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Marine Mammal Conservation and the Law of the Sea

Marine Mammal Conservation and the Law of the Sea

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780190493141
  • Published In: September 2016
  • Format: Hardback , 424 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled.

    Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework.

    Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes.

    Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

  • Preface by John Norton Moore
    Acknowledgments
    Abbreviations

    Chapter 1 - Introduction
    I. Unfinished Business
    II. Conservation, Sustainability, and Other Key Terms
    III. Foundational Works
    IV. The Global Ocean
    V. Marine Mammals
    VI. Conclusion

    Chapter 2 - The Current Marine Mammal Regulatory Landscape
    I. Resource Type and Economic Considerations
    II. Legal Foundation of International Ocean Governance
    III. Conclusion

    Chapter 3 - Goals for the Rational Conservation of Marine Mammals and Emerging Ethical Considerations
    I. Rational Decision-Making Model
    II. Goals for Rational Marine Mammal Management
    III. Ethical Considerations
    IV. Conclusion 191

    Chapter 4 - Modern Threats to Marine Mammals
    I. Current Threats to Marine Mammals 193
    II. Features of a New Response 253
    III. Conclusion 254

    Chapter 5 - The Case for an Implementing Agreement Pursuant to Articles 65 and 120 of UNCLOS and the Creation of an International Marine Mammal Commission
    I. Legally Justified Options for International Marine Mammal Conservation
    II. UNCLOS Implementing Agreements
    III. The History and Interpretation of Articles 65 and 120 of UNCLOS
    IV. Treaty Termination and International Organization Succession
    V. Jurisdictional Limits
    VI. Conclusion

    Chapter 6 - The Proposal: Part I — The Framework for a New Approach
    I. Introduction
    II. Constructing the Framework for a UN Marine Mammals Agreement
    III. Conclusion

    Chapter 7 - The Proposal: Part II - The Secretariat, Regionalism, and Marine Protected Areas
    I. Introduction
    II. Institutional Structure & the Secretariat
    III. Regionalism
    IV. Marine Protected Areas
    V. Conclusion

    Chapter 8 - Concluding Thoughts

    Appendices
    Appendix 1: Extant and Recently Extinct Marine Mammal Species
    Appendix 2: Ocean Zones
    Appendix 3: Draft Agreement for the Implementation of the Provisions of the
    United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Sustainable Management of Marine Mammals (Short form: UN Marine Mammals Agreement)
    Appendix 4: Structure of the Proposed International Regime for the Conservation
    of Marine Mammals;
    Index

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