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Human Rights and Ocean Governance
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...
The Law of the Seabed
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine gene...
The “Mr. Big” Sting
How the police create an imaginary criminal gang to trick homicide suspects into a confession and a prison cell There are people in prison who got away with murder until they told the boss of a powerful criminal gang all about it. When the handcuffs were snapped on, the killers learned they’d been duped — that “Mr. Big” was actually an undercover police officer. These killers ended up with lots of time to think about how tricky police can be. In this captivating book, we learn why Mr. Big is so good at getting killers to confess — and why he occasionally gets confessions from the innocent as well. We meet murderers such as Michael Bridges, who strangled his girlfriend and buried her in another person’s grave. Bridges remained free until he told Mr. Big where the body was buried. We also meet people like Kyle Unger, who lied while confessing to Mr. Big and went to prison for a crime he did not commit. The “Mr. Big” Sting is essential reading for anyone interested in unorthodox approaches to justice, including their successes and failures. It sheds light on how homicide investigators might catch and punish the guilty while avoiding convicting the innocent.
Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law
Ocean governance is emerging as a field of study drawing on and combining different knowledge domains, including governance, science, and law. Assumptions of these three knowledge domains and their relationships are rarely discussed. This study attempts to contribute to such discussion by theory-building: investigating the governance-science and governance-law interfaces in an ocean governance context. The investigations form the basis for offering some perspectives concerning key topics of ocean governance: cross-sectoral, holistic, and integrated approaches, science-based decision-making, adaptation, the ecosystem approach, and ocean governance as an emerging field of study.
International Law for Small-Scale Fisheries
This book provides an original and groundbreaking account of the applicability and key contributions of international law to small-scale fisheries, a fisheries subsector that has been historically overlooked by governments and international legal scholarship. Small-scale fisheries constitute most of the world’s capture fisheries workforce; they sustain the livelihoods of fishers and their communities while building and transmitting traditional knowledge and culture. Significant attention has been given to small-scale fisheries by the international community over the past decade, building the momentum for dedicated research on such a topic. Nevertheless, the literature examining small-scale...
The Law of the Sea and the Planetary Crisis
This book examines the challenge of negotiating and implementing new legal regimes addressing contemporary ocean challenges in the context of uncertain planetary futures. The book covers the themes of climate change, biodiversity loss, and pollution. Contributors examine a range of emerging, understudied issues, including the legal regulation of ocean acidification, the development of the mining code by the International Seabed Authority, the implementation of the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, and compliance mechanisms developed by the International Maritime Organization. Other chapters look at energy transition, green technology, and marine pollution from shipping. Contributing to global discussions on sustainable development, this book will be of vital interest to scholars of the law of the sea, environmental law, and sustainable development.
Governing Europe's Marine Environment
Governing Europe's Marine Environment is a coherent up-to-date multidisciplinary analysis of current approaches and challenges to the sustainable governance of Europe's marine environment. Structured in three parts, Part 1 outlines general theoretical ideas about governance, governing, and governability and serves as a starting point for analysing the development of marine governance in Europe from the perspective of different disciplines. Part 2 includes studies of EU marine governance. Part 3 focuses on Europe's regional seas, namely the Baltic Sea, the North Sea, the Black Sea, and the Mediterranean Sea. This book presents a better understanding of the fragmented governance of marine governance in Europe and in particular the tension between the Europeanization of regional seas and the regionalization of EU policies.
The Concept of Security in International Law
This book explores how the concept of security interacts with the rigid framework of international law to test the hypothesis that the system of public order among states is regulated under the rule of law.
The Common But Differentiated Responsibility Principle in Multilateral Environmental Agreements
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the princi...
Damage Caused by Genetically Modified Organisms
The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.
