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Unconventional Lawmaking in the Law of the Sea

Unconventional Lawmaking in the Law of the Sea

Author: Natalie Klein
Publisher: Oxford University Press
ISBN: 9780192897824
Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea.

This monograph brings together woman law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law.

The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

Foreword

Judge Elsa Kelly

Preface

Natalie Klein

Part I - Introduction

1: Meaning, Scope, and Significance of Informal Lawmaking in the Law of the Sea

Natalie Klein

Part II - Maritime Security

2: The San Remo Manual on the Law of Naval Warfare - from Restatement to Development?

Judge Liesbeth Lijnzaad

3: Piracy off the Coast of Somalia and the Role of Informal Lawmaking

Ambassador Marie Jacobsson and Natalie Klein

4: Informal Lawmaking in Maritime Migration

Irini Papanicolopulu

5: Unconventional Lawmaking and International Cooperation on Illegal Bunkering at Sea

Yurika Ishii

Part III - Shipping

6: Unconventional Lawmaking in the Compliance Mechanism for the International Regulation of Shipping

Zhen Sun

7: Unconventional Law for Unconventional Ships? The Role of Informal Law in the International Maritime Organization's Quest to Regulate Maritime Autonomous Surface Ships

Anna Petrig

8: The Use of Informal Agreements to Enhance Navigational Safety

Natalie Klein

Part IV - Marine Resources, Research, and Technology

9: Unconventional Lawmaking in the Offshore Energy Sector: Flexibilities and Weaknesses of the International Legal Framework

Seline Trevisanut

10: Formal and Informal Lawmaking by the International Seabed Authority: An Artificial Distinction?

Tara Davenport

11: The Significance of Informal Lawmaking in International Fisheries Law

Zoe Scanlon

12: Marine Scientific Research and Informal Lawmaking

Chie Kojima

13: The Role of Informal Lawmaking in Facilitating Marine Technology Transfer and Data Sharing

Erika Techera

Part V - Marine Environment

14: The Sustainable Development Goals and Informal Lawmaking Processes: How a Voluntary Initiative Sets International Standards for Governments and the Private Sector

Anastasia Telesetsky

15: Informal International Lawmaking as a Panacea in the Absence of Regime Focus? Marine Debris, Plastics, and Microplastics

Rosemary Rayfuse

16: Unconventional Lawmaking in the Law of the Sea and Area-based Conservation Measures

Karen Scott

17: Sea-Level Rise and the Law of the Sea: Filling the Legal Gaps through Informal Lawmaking

Nilüfer Oral and Tutku Bektas

Part VI - Conclusion

18: Informal Lawmaking and the Future of the Law of the Sea: Developing Legal Infrastructure and Regulating Human Activity

Ellen Hey