The Environmental Rule of Law for Oceans: Designing Legal Solutions

Environmental / Energy Law

The Environmental Rule of Law for Oceans: Designing Legal Solutions

Edited by Froukje Maria Platjouw · Alla Pozdnakova
Cambridge University Press April 2023

Specifications

ISBN-13
9781009253765
Publisher
Cambridge University Press
Publication
April 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe.

Table of Contents

Part I. Introduction:
1. The environmental rule of law of oceans
Froukje Maria Platjouw and Alla Pozdnakova

Part II. Tackling Multiple Pressures on the Oceans:
2. Oceans and climate change: implications for UNCLOS and the UN Climate Regime
Christina Voigt
3. Controlling GHG emissions from shipping: the role, relevance and fitness for purpose of UNCLOS
David Testa
4. An international legal framework for marine plastics pollution: time for a change to regulate the lifecycle of plastics
Dawoon Jung
5. The 'Thin Law' of plastic regulation and a proposal for a regional or global waste tariff
Anastasia Telesetsky
6. Pollution of the Marine Environment by Spaceflights
Alla Pozdnakova

Part III. Balancing the Exploitation and Preservation of Ocean Resources:
7. Restoration activities in the marine environment: balancing diverging perceptions of 'risk'
Rozemarijn Roland Holst
8. Marine geo-engineering to abate eutrophication in the Baltic Sea: how to address regulatory voids and uncertainty
Brita Bohman and Henrik Ringbom
9. Filling an iceberg-sized gap in the law of the sea: addressing an emerging demand on oceans
Aref Shams
10. The precautionary principle/approach and the United Nations Convention on the law of the sea-management of living resources
Maurus Wollensak
11. A regime lost at sea: critical reflections on the UNCLOS Conservation Regime and the Future of Marine Biodiversity Protection
Pierre Cloutier de Repentigny
12. Fisheries redistribution under climate change: rethinking the law to address the 'Governance Gap'?
Mitchell Lennan
13. Defining marine genetic resources – navigating through the sea of uncertainties
Jakub Ciesielczuk

Part IV. Paths Towards Effective Ocean Governance, Implementation and Compliance:
14. Legitimacy and EU marine governance
David Langlet
15. Recognition of maritime environmental crimes within international law: a new global paradigm for the protection and preservation of the marine environment
Vasco Becker-Weinberg
16. Mending the met: state responsibility for nationals engaged in IUU fishing?
Pieter van Welzen
17. The advisory jurisdiction of the ITLOS: from uncertainties to opportunities for ocean governance
Carlos Cruz Carrillo
18. Could the WTO save the oceans? An inquiry into the role of the WTO in the future of fisheries policies
Leonila Guglya
19. Improving compliance with international fisheries law through litigation
Solène Guggisberg

Part V. Strengthening the Rule of Law in Regional Seas and Oceans:
20. Regional cooperation for the conservation of marine biodiversity in the Eastern Tropical Pacific: a rule of law perspective
Sarah Enright
21. Oil pollution control regulations in the Baltic Sea – the effect of institutional interplay on implementation of the ecosystem approach
Kirsi White
22. The international law of the sea and arctic governance: paving the way to integrated ecosystem-based marine management
Andrey Todorov
23. Understanding Japan's resumption of commercial whaling under international law
Constantinos Yiallourides
24. Failing rule of law: the case of the South China Sea
Agnes Chong

Part VI. Concluding Remarks:
25. Legal solutions for oceans in change: mapping out the way forward
Froukje Maria Platjouw and Alla Pozdnakova
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