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This book analyses the law-making of ecosystem-based fisheries management in marine areas beyond national jurisdiction as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS) so as to avoid stocks collapse and destruction of critical habitats, and increase the resilience of marine ecosystems.
Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement.
The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement) is a unique international treaty. It sets up conditions for potential future (commercial) fisheries in the central Arctic Ocean, furthered by climate change, until ecosystem dynamics are well understood. As a product of balancing interests of various stakeholders after a multi-year drafting process, the agreement protects both fish stocks and the environment. Based on international maritime law, scientific research and principles of international environmental law, such as the precautionary approach, it sets a precedent for future fisheries agreements.
In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UNSDG 14 for the conservation and sustainable use of marine resources. Chapters discuss the challenges and gaps of ocean governance through five key sections: Conservation and Sustainable Use of Oceans and Their Resources; Biodiversity beyond National Jurisdiction; Status of Deep Seabed Minerals; Marine Pollution and Coastal Ecosystems; and Climate Change and the Oceans. This important book illustrates current challenges facing sustainable marine development and management, and provides necessary insights for a coherent path forward.
Bringing together leading scholars from across a diverse range of disciplines, this unique book examines a key question: How can we best conserve marine living resources in the polar regions, where climate change effects and human activities are particularly pressing?
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the...
The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.
This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of p...
Traditional fisheries management – based on single-species – has proved to be inadequate to sustainably manage living resources, due to the highly complex structure of marine ecosystems. Recent developments in marine scientific research have indicated that the ecosystem-based approach, which takes into consideration the interdependence among species and their habitats, is the most appropriate way to sustainably manage marine living resources. Shifting from single-species approach to ecosystem-based fisheries management (EBFM) in areas beyond national jurisdiction (ABNJ) is extremely important, because species occurring in these regions are often more vulnerable to collapse than coastal s...
Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offers a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many states, coastal communities and economies globally. The book’s chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management and sustainable use of living resources globally.