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This authoritative Research Handbook offers wide-ranging coverage of both traditional and emerging topics dealing with the regulation of ocean space and highlights the key academic debates around ocean governance. It provides a formidable interface between the 1982 UNCLOS Convention and the international law regulating ocean governance, while influencing its further evolution through suggestions for future research in the field.The Research Handbook on Ocean Governance Law demonstrates that governance of natural resources is instrumental for international peace and security, and that humankind’s well-being and its very resilience is intrinsically linked to the good governance of the ocean’s natural resources. Contributions from leading experts in the field include an innovative combination of both legal doctrine and case studies, with chapters looking into issues such as human rights, sustainability, maritime trafficking and terrorism.Providing a comprehensive and integrated approach towards ocean governance law, this important book will be an ideal resource for academics, researchers and students interested in environmental and international law. Legal advisors and policy makers working closely with ocean and maritime affairs will also find this a useful reference.
Edited by Simone Borg, Professor, Head of Department of Environmental Law and Resources Law, Felicity G. Attard, Lecturer, Department of International Law and Patricia Mallia Vella de Fremeaux, Associate Professor, Head of Department of International Law, Faculty of Laws, University of Malta, Malta
Contents:Foreword xivDavid Joseph AttardPreface and acknowledgements xviList of abbreviations xviiIntroduction to the Research Handbook on Ocean Governance Law 1Simone Borg, Patricia Mallia Vella de Fremeaux and Felicity G. AttardPART I THE BLUE SPACE1 A 50-year reflection on global ocean governance for protection of themarine environment 10Nilüfer Oral2 Maritime zones in international law 24Danilo García Cáceres3 Airspace, sovereignty and ocean governance 47Roberto Cassar4 Marine scientific research as a tool for ocean governance 59Norman A. Martínez Gutiérrez5 Dispute settlement and ocean governance 72Vladyslav LanovoyPART II THE BLUE PLANET6 The International Convention for the Prevention of Pollution fromShips (MARPOL) 91Malgosia Fitzmaurice7 Land-based sources of marine pollution and dumping at sea 109Meagan Wong and Niccolò Lanzoni8 Ocean pollution from plastics 128Jyothi Thomas9 Noise pollution in the marine environment 151Georgia Veldeki10 Conservation of living marine resources 162Elda Kazara-BeljaPART III THE INTEGRATED APPROACH FOR SUSTAINABLEOCEAN GOVERNANCE11 Ocean governance in an era of climate change 179Simone Borg12 Implementing the ecosystem approach through area-based management 205Daniela Diz13 The interaction between an Agreement on Biodiversity BeyondNational Jurisdiction and the law of the sea 220David M. OngPART IV THE BLUE ECONOMY14 Towards a more inclusive, systemic and multi-regulatory BlueEconomy: the case of offshore wind energy 267Sandra Cassotta15 Advancing a sustainable Blue Economy – case study: fisheriesgovernance in the Indian Ocean 283Erika Techera16 The submarine cable systems and landing stations in international law 295Danilo García Cáceres17 Carriage of goods by sea 316Richard L. Kilpatrick, Jr.18 The cultural heritage at sea 325Ángeles Jiménez García-CarriazoPART V THE HUMAN SEA19 Piracy and armed robbery 337Andrew Mallia20 Maritime terrorism and trafficking in weapons of mass destruction 348John Hursh21 Smuggling of migrants and trafficking in persons by sea 363Patricia Mallia Vella De Fremeaux and Felicity G. Attard22 Human rights at sea 381Irini PapanicolopuluBibliography 396Index
‘A welcome addition to the Elgar series of Research Handbooks in Environmental Law, this text is compelling and timely. Dealing with both familiar territory and emergent themes of contemporary interest and concern, the book is curated expertly. It provides a diverse and detailed examination of the socio-economic, as well as doctrinal, drivers and outcomes of the law and policy in what is becoming increasingly contested space. It is a valuable addition to the literature on this burgeoning area of contemporary interest and importance and is certainly well worth the attention of anyone involved in work related to the oceans.’