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Bringing New Law to Ocean Waters / edited by David D. Caron, Harry N. Scheiber.

Contributor(s): Material type: TextSeries: Publications on Ocean Development ; 47. | Brill Book Archive Part 1, ISBN: 9789004472495Publisher: Leiden; Boston : Brill | Nijhoff, 2004Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789047406297
  • 9789004140882
Subject(s): Additional physical formats: Print version:: Bringing New Law to Ocean Waters.DDC classification:
  •  341.4/5 23
LOC classification:
  • KZA1141 .B75 2004
Online resources:
Contents:
Part 1, -- Chapter 1 Bringing New Law to Ocean Waters, by Harry N. Scheiber and David D. Caron , -- Chapter 2 Changing Perspectives on the Oceans: Implications for International Fisheries and Oceans Governance, by Lawrence Juda , -- Part 2 The Regionalization and Realities of High Seas Fisheries, -- Chapter 3 U.S. Policy, the Pacific Tuna Economy, and Ocean Law Innovation: The Post-World War II Era, 1945-70, by Harry N. Scheiber , -- Chapter 4 Transformations in the Law Governing Highly Migratory Species: 1970- Present, by Christopher J. Carr , -- Chapter 5 Illegal, Unreported, and Unregulated (IUU) Fishing: Global and Regional Responses, by Moritaka Hayashi , -- Chapter 6 IUU Fishing or IUU Operations? Some Observations on Diagnosis and Current Treatment, by Davor Vidas , -- Chapter 7 The Regional Fishery Management Organizations and Ocean Law: A Perspective from Taiwan, by Yann-huei Song , -- Chapter 8 Multilateralism and Marine Issues in the Southeast Atlantic, by Erik Franckx , -- Part 3 Technology and Sea-bed Issues, -- Chapter 9 The UNESCO Convention on the Underwater Cultural Heritage: A Spanish View, by Carlos Espósito and Cristina Fraile , -- Chapter 10 Historic Time Capsules or Environmental Time Bombs? Legal & Policy Issues Regarding the Emerging Risk of Major Oil Spills from Historic Shipwrecks, by John G. White , -- Chapter 11 Managing Foreign Access to Marine Genetic Materials: Moving from Capture to Cooperation, by Richard J. McLaughlin , -- Part 4 Institutions and Adjudication, -- Chapter 12 The International Tribunal for the Law of the Sea, by Bernard Oxman , -- Chapter 13 Jurisdictional Conflicts Between International Tribunals: A Framework for Adjudication & Implementation, by Lakshman Guruswamy , -- Chapter 14 , The Law of the Sea Convention Ten Years after Entry into Force: Positive Developments and Reasons for Concern, by Tullio Treves , -- Part 5 The Ocean Environment, -- Chapter 15 The Evolution and International Acceptance of the Precautionary Principle, by Jon M. Van Dyke , -- Chapter 16 Deconstructing the Precautionary Principle, by Daniel Bodansky , -- Chapter 17 Finding Out What the Oceans Claim: The 1991 Gulf War, the Marine Environment and The United Nations Compensation Commission, by David D. Caron , -- Part 6 The New Practice of Maritime Boundaries, -- Chapter 18 , Compromise Sea Law: Swedish Negotiation Experiences, by Hugo Tiberg , -- Chapter 19 Stormy Waters on the Way to the High Seas: The Case of the Territorial Sea Delimitation between Croatia and Slovenia, by Damir Arnaut , -- Chapter 20 A Note on the Commission on the Limits of the Continental Shelf and the Submission of the Russian Federation, by Ted L. McDorman , -- Chapter 21 The Changeable Legal Status of Islands and "Non-Islands" in the Law of the Sea: Some Instances in the Asia-Pacific Region, by Choon-Ho Park.
Summary: In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials. "Bringing new law to ocean waters" --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.
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Papers from the third major conference of recent years at UC-Berkeley, since 2002 the headquarters of the United Nations Law of the Sea Institute.

Includes bibliographical references and index.

Part 1, -- Chapter 1 Bringing New Law to Ocean Waters, by Harry N. Scheiber and David D. Caron , -- Chapter 2 Changing Perspectives on the Oceans: Implications for International Fisheries and Oceans Governance, by Lawrence Juda , -- Part 2 The Regionalization and Realities of High Seas Fisheries, -- Chapter 3 U.S. Policy, the Pacific Tuna Economy, and Ocean Law Innovation: The Post-World War II Era, 1945-70, by Harry N. Scheiber , -- Chapter 4 Transformations in the Law Governing Highly Migratory Species: 1970- Present, by Christopher J. Carr , -- Chapter 5 Illegal, Unreported, and Unregulated (IUU) Fishing: Global and Regional Responses, by Moritaka Hayashi , -- Chapter 6 IUU Fishing or IUU Operations? Some Observations on Diagnosis and Current Treatment, by Davor Vidas , -- Chapter 7 The Regional Fishery Management Organizations and Ocean Law: A Perspective from Taiwan, by Yann-huei Song , -- Chapter 8 Multilateralism and Marine Issues in the Southeast Atlantic, by Erik Franckx , -- Part 3 Technology and Sea-bed Issues, -- Chapter 9 The UNESCO Convention on the Underwater Cultural Heritage: A Spanish View, by Carlos Espósito and Cristina Fraile , -- Chapter 10 Historic Time Capsules or Environmental Time Bombs? Legal & Policy Issues Regarding the Emerging Risk of Major Oil Spills from Historic Shipwrecks, by John G. White , -- Chapter 11 Managing Foreign Access to Marine Genetic Materials: Moving from Capture to Cooperation, by Richard J. McLaughlin , -- Part 4 Institutions and Adjudication, -- Chapter 12 The International Tribunal for the Law of the Sea, by Bernard Oxman , -- Chapter 13 Jurisdictional Conflicts Between International Tribunals: A Framework for Adjudication & Implementation, by Lakshman Guruswamy , -- Chapter 14 , The Law of the Sea Convention Ten Years after Entry into Force: Positive Developments and Reasons for Concern, by Tullio Treves , -- Part 5 The Ocean Environment, -- Chapter 15 The Evolution and International Acceptance of the Precautionary Principle, by Jon M. Van Dyke , -- Chapter 16 Deconstructing the Precautionary Principle, by Daniel Bodansky , -- Chapter 17 Finding Out What the Oceans Claim: The 1991 Gulf War, the Marine Environment and The United Nations Compensation Commission, by David D. Caron , -- Part 6 The New Practice of Maritime Boundaries, -- Chapter 18 , Compromise Sea Law: Swedish Negotiation Experiences, by Hugo Tiberg , -- Chapter 19 Stormy Waters on the Way to the High Seas: The Case of the Territorial Sea Delimitation between Croatia and Slovenia, by Damir Arnaut , -- Chapter 20 A Note on the Commission on the Limits of the Continental Shelf and the Submission of the Russian Federation, by Ted L. McDorman , -- Chapter 21 The Changeable Legal Status of Islands and "Non-Islands" in the Law of the Sea: Some Instances in the Asia-Pacific Region, by Choon-Ho Park.

In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges. The topics that are addressed here include: policy process and legal innovation in marine fisheries management; institutional capacity and jurisdictional conflict in ocean-law adjudication; regionalism and multilateralism in their various aspects; the challenges posed by the sudden recent availability of technological access to underwater cultural heritage; compensation for war-related environmental damage; and the problems associated with access to marine genetic materials. "Bringing new law to ocean waters" --the quest to adjust the legal order of the oceans to changing realities, a quest that has produced both great achievements and grievous failures -- has constituted one of the major developments in international law in the last half century.

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