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The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea

Author: Donald R. Rothwell; Alex G. Oude Elferink; Karen N. Scott; Tim Stephens
Publisher: Oxford University Press
ISBN: 9780198806257

Published In: March 2017
Format: Paperback , 960 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780198715481

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Provides a landmark study into the law of the sea, taking stock of the majors developments, core concepts, and key challenges within this fundamental area of law
Explores the most important issues facing the world's oceans and seas, including piracy, climate change, and military operations
Written by over forty expert contributors, both eminent scholars and leading practitioners

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing.

The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Readership: Scholars and students of the law of the sea; practitioners, legal advisers, and policy-makers involved in maritime issues

1: Tullio Treves: Historical Development of the Law of the Sea
2: Robin Churchill: The 1982 United Nations Convention on the Law of the Sea
3: Irina Buga: Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction
4: Coatler G Lathrop: Baselines
5: John E Noyes: The Territorial Sea and Contiguous Zone
6: Donald R. Rothwell: International Straits
7: Tara Davenport: The Archipelagic Regime
8: Gemma Andreone: The Exclusive Economic Zone
9: Ted L. McDorman: The Continental Shelf
10: Douglas Guilfoyle: The High Seas
11: Michael W Lodge: The Deep Seabed
12: Malcolm D Evans: Maritime Boundary Delimitation
13: Erik J. Molenaar: Port and Coastal States
14: Richard A Barnes: Flag States
15: Helmut Tuerk: Landlocked and Geographically Disadvantaged States
16: Hans Corell: The United Nations: A Practitioner's Perspective
17: James Harrison: Law of the Sea Convention Institutions
18: Bernard H. Oxman: Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals
19: Aldo Chircop: The International Maritime Organization
20: Rosemary Rayfuse: Regional Fisheries Management Organisations
21: Karen N Scott: Integrated Oceans Management: A New Frontier in Marine Environmental Protection
22: Nele Matz-Luck and Johannes Fuchs: Marine Living Resources
23: Elizabeth A Kirk: Science and the International Regulation of Marine Pollution
24: Yoshifumi Tanaka: Navigational Rights and Freedoms
25: Tim Stephens and Donald R Rothwell: Marine Scientific Research
26: Natalie Klein: Maritime Security
27: Irini Papanicolopulu: The Mediterranean Sea
28: Keyuan Zou: The South China Sea
29: Ronán Long: North-East Atlantic and the North Sea
30: David Freestone and Clive Schofield: The Caribbean Sea and Gulf of Mexico
31: Alex G Oude Elferink: The Indian Ocean and the Law of the Sea: A Work in Progress
32: Karen N Scott and David L Vanderzwaag: Polar Oceans and Law of the Sea
33: Robin M Warner: Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea
34: Tim Stephens: Warming Waters and Souring Seas: Climate Change and Ocean Acidification
35: Edward J Goodwin: Threatened Species and Vulnerable Marine Ecosystems
36: Joanna Mossop: Marine Bioprospecting
37: Anna Petrig: Piracy
38: James Kraska: Military Operations
39: Donald R Rothwell, Alex G Oude Elferink, Karen N Scott, and Tim Stephens: Charting the Future for the Law of the Sea

Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University, Australia where he has taught since 2006, and was previously Challis Professor of International Law at the University of Sydney (2004-2006). His research areas include the law of the sea, the law of the polar regions, international security law, and international law in Australia. He is author, co-author and editor of 16 books.

Alex G. Oude Elferink is Deputy Director of the Netherlands Institute for the Law of the Sea at the School of Law, Utrecht University, The Netherlands. His research interests include the law of the sea, the law of the polar regions, and the relationship between international law and international relations.

Karen N. Scott is a Professor of Law at the University of Canterbury, Christchurch, New Zealand. Her research interests include Antarctic law and policy, the law of the sea and international environmental law. She is the editor of the New Zealand Yearbook of International Law and a member of the Advisory Board to Gateway Antarctica at the University of Canterbury.

Tim Stephens is an Associate Professor in the Faculty of Law, University of Sydney, Australia and Co-Director of the Sydney Centre for International Law. His research interests include the law of the sea, international environmental law, and international dispute settlement. He is the Co-Editor of the Asia Pacific Journal of Environmental Law.

Contributors:
Professor Tullio Treves - Università degli Studi di Milano
Professor Robin Churchill - University of Dundee
Coatler Lathrop - Sovereign Geographic
Professor John Noyes - California Western School of Law
Tara Davenport - National University of Singapore
Dr Gemma Andreone - University of Naples
Professor Ted L. McDorman - University of Victoria
Dr Douglas Guilfoyle - University College London
Michael Lodge - International Seabed Authority
Professor Malcolm Evans - University of Bristol
Professor Erik J. Molenaar - Utrecht University
Professor Richard Barnes - University of Hull
Ambassador Hans Corell
Dr James Harrison - University of Edinburgh
Professor Bernard H. Oxman - University of Miami
Professor Aldo Chircop - Dalhousie University
Professor Rosemary Rayfuse - University of New South Wales
Professor Nele Matz-Luck - Walther-Schücking-Institut für Internationales Recht
Elizabeth Kirk - University of Dundee
Associate Professor Yoshifumi Tanaka - University of Copenhagen
Professor Alfred Soons - Utrecht University
Professor Natalie Klein - Macquarie University
Dr Irini Papanicolopulu - University of Glasgow
Professor Keyuan Zou - University of Central Lancashire
Professor Ronan Long - NUI Galway
Dr David Freestone - Sargasso Sea Alliance
Professor David VanderZwaag - Dalhousie University
Professor Erik Franckx - Vrije Universiteit Brussel
Associate Professor Robin Warner - University of Wollongong
Dr Edward Goodwin - University of Nottingham
Joanna Mossop - Victoria University of Wellington
Dr Anna Petrig - Universität Basel
Dr James Kraska CDR - Naval War College
Irina Buga - Utrecht University