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The Law of the Sea: Normative Context and Interactions with other Legal Regimes

The Law of the Sea: Normative Context and Interactions with other Legal Regimes

Author: Nele Matz-Lück; Øystein Jensen; Elise Johansen
Publisher: Routledge
ISBN: 9780367549145
Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The UN Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system, its different parts interact when different rules address the same activity or situation.

The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci requires a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes.

Connecting high quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

1. From Fragmentation to Interaction?: A Law of the Sea Perspective on Regime Interaction and Interdisciplinary Intefaces

Nele Matz-Lück and Øystein Jensen

2. Interactions Between Law and Science within the Law of the Sea: A Systems Theory Perspective

Hilde Woker

3. Regime Interaction Through Concepts: The BBNJ Process as a Critical Juncture in the Relation Between the Convention on Biological Diversity and the Convention on the Law of the Sea

Vito de Lucia

4. The Legal Interactions Between the Climate Change and Law of the Sea Regimes

Elise Johansen

5. Law of the Sea and Geoengineering

Alexander Proelss

6. Ships Passing in the Night? The Law of the Sea and the Human Right to Food

Erik van Doorn and Jens T. Theilen

7. Interaction Between the Law of the Sea and the Rights of Indigenous Peoples

Endalew Lijalem Enyew and Nigel Bankes

8. Law of the Sea and Refugee Law

Alexander Proelss

9. The Law of the Sea and the Exercise of Free Speech and Protest Rights