Overview

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. 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. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

Full Product Details

Author:   Cameron S. G. Jefferies (Assistant Professor, and Borden Ladner Gervais Energy Law Fellow, Assistant Professor, and Borden Ladner Gervais Energy Law Fellow, University of Alberta Law Centre) ,  John Norton Moore
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 16.40cm , Height: 2.70cm , Length: 23.60cm
Weight:   0.736kg
ISBN:  

9780190493141

ISBN 10:   0190493143
Pages:   424
Publication Date:   22 September 2016
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Preface by John Norton Moore Acknowledgments Abbreviations Chapter 1 - Introduction I. Unfinished Business II. Conservation, Sustainability, and Other Key Terms III. Foundational Works IV. The Global Ocean V. Marine Mammals VI. Conclusion Chapter 2 - The Current Marine Mammal Regulatory Landscape I. Resource Type and Economic Considerations II. Legal Foundation of International Ocean Governance III. Conclusion Chapter 3 - Goals for the Rational Conservation of Marine Mammals and Emerging Ethical Considerations I. Rational Decision-Making Model II. Goals for Rational Marine Mammal Management III. Ethical Considerations IV. Conclusion 191 Chapter 4 - Modern Threats to Marine Mammals I. Current Threats to Marine Mammals 193 II. Features of a New Response 253 III. Conclusion 254 Chapter 5 - The Case for an Implementing Agreement Pursuant to Articles 65 and 120 of UNCLOS and the Creation of an International Marine Mammal Commission I. Legally Justified Options for International Marine Mammal Conservation II. UNCLOS Implementing Agreements III. The History and Interpretation of Articles 65 and 120 of UNCLOS IV. Treaty Termination and International Organization Succession V. Jurisdictional Limits VI. Conclusion Chapter 6 - The Proposal: Part I -- The Framework for a New Approach I. Introduction II. Constructing the Framework for a UN Marine Mammals Agreement III. Conclusion Chapter 7 - The Proposal: Part II - The Secretariat, Regionalism, and Marine Protected Areas I. Introduction II. Institutional Structure & the Secretariat III. Regionalism IV. Marine Protected Areas V. Conclusion Chapter 8 - Concluding Thoughts Appendices Appendix 1: Extant and Recently Extinct Marine Mammal Species Appendix 2: Ocean Zones Appendix 3: Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Sustainable Management of Marine Mammals (Short form: UN Marine Mammals Agreement) Appendix 4: Structure of the Proposed International Regime for the Conservation of Marine Mammals Index

Reviews

Dr. Jefferies' excellent book, <em>Marine Mammal Conservation and the Law of the Sea</em>, fills an important need in the scholarly literature by providing a thorough and well-researched analysis of international law's treatment of marine mammal protection. The book has three primary strengths. First, it offers a comprehensive review and assessment of existing international law protections for marine mammals. Second, it examines critical ethical dimensions of marine mammal conservation, highlighting important issues at the intersection of environmental law and animal welfare law. Third, it provides valuable and effective recommendations for reform, including a proposed International Marine Mammal Commission and an evaluation of marine protected areas as an effective management tool. -Randall S. Abate, Professor of Law and Director, Center for International Law and Justice, Florida Agricultural and Mechanical University College of Law Up-to-date, insightful, and comprehensive. This is a masterful work that covers and provides guidance on all of the most critical decisions facing the conservation of cetaceans in the 21st century. -Alexander Gillespie, Professor of Law, The University of Waikato <em>Marine Mammal Conservation and the Law of the Sea</em> is instantly the leading text on all aspects of the international regulation of marine mammals. The author provides a detailed study of the history and current status of global, regional, and national marine mammal management including the paralytic operation of the IWC and an expansive discussion of the conservation-preservation debate that has been the core cause of the paralysis. While telling the story well, Dr. Jefferies goes further with an impressive chapter devoted to the current challenges to the conservation of marine mammals which includes: global climate change; by-catch; ship strikes; environmental pollution, and ecotourism. Bravely, convincingly, and creatively the author calls for a compromise between the conservationists and preservationists through the replacement of the IWC with an implementing agreement within the framework of the Law of the Sea Convention. -Ted L. McDorman, Professor of Law, University of Victoria

By briefly presenting and analysing the core issues surrounding pre-existing regulatory regimes that in one way or another impact marine mammal species, [Jefferies] rightfully centres his argument around the gap in these regimes to purposefully address issues other than the lethal taking of marine mammals. Based on this, and using the 1946 International Convention for the Regulation of Whaling (ICRW) as a case in point, Jefferies therefore justifies the need for an international regime for marine mammals . . . The book is very thoroughly researched and convincingly argued and should serve as a guidebook for all parties involved in the debate surrounding marine mammal conservation. * Nikolas Sellheim, Polar Record: A Journal of Arctic and Antarctic Research * Jefferies' book makes a significant contribution to the existing literature, not only for its comprehensive treatment of the expansive issue of marine mammal conservation but also for its problem-solving orientation... Even if it is primarily a work of legal scholarship, this work transcends disciplinary boundaries and will be of interest to diplomats, policy makers and environmental advocates among others. * Howard S. Schiffman, Review of European Community and International Environmental Law * ...instantly the leading text on all aspects of the international regulation of marine mammals. The author provides a detailed study of the history and current status of global, regional, and national marine mammal management including the paralytic operation of the IWC and an expansive discussion of the conservation-preservation debate that has been the core cause of the paralysis. While telling the story well, Dr. Jefferies goes further with an impressive chapter devoted to the current challenges to the conservation of marine mammals which includes: global climate change; by-catch; ship strikes; environmental pollution, and ecotourism. Bravely, convincingly, and creatively the author calls for a compromise between the conservationists and preservationists through the replacement of the IWC with an implementing agreement within the framework of the Law of the Sea Convention. * Ted L. McDorman, Professor of Law, University of Victoria * Up-to-date, insightful, and comprehensive. This is a masterful work that covers and provides guidance on all of the most critical decisions facing the conservation of cetaceans in the 21st century. * Alexander Gillespie, Professor of Law, The University of Waikato * Dr. Jefferies' excellent book, Marine Mammal Conservation and the Law of the Sea, fills an important need in the scholarly literature by providing a thorough and well-researched analysis of international law's treatment of marine mammal protection. The book has three primary strengths. First, it offers a comprehensive review and assessment of existing international law protections for marine mammals. Second, it examines critical ethical dimensions of marine mammal conservation, highlighting important issues at the intersection of environmental law and animal welfare law. Third, it provides valuable and effective recommendations for reform, including a proposed International Marine Mammal Commission and an evaluation of marine protected areas as an effective management tool. * Randall S. Abate, Professor of Law and Director, Center for International Law and Justice, Florida Agricultural and Mechanical University College of Law *

Dr. Jefferies' excellent book, Marine Mammal Conservation and the Law of the Sea, fills an important need in the scholarly literature by providing a thorough and well-researched analysis of international law's treatment of marine mammal protection. The book has three primary strengths. First, it offers a comprehensive review and assessment of existing international law protections for marine mammals. Second, it examines critical ethical dimensions of marine mammal conservation, highlighting important issues at the intersection of environmental law and animal welfare law. Third, it provides valuable and effective recommendations for reform, including a proposed International Marine Mammal Commission and an evaluation of marine protected areas as an effective management tool. -Randall S. Abate, Professor of Law and Director, Center for International Law and Justice, Florida Agricultural and Mechanical University College of Law Up-to-date, insightful, and comprehensive. This is a masterful work that covers and provides guidance on all of the most critical decisions facing the conservation of cetaceans in the 21st century. -Alexander Gillespie, Professor of Law, The University of Waikato Marine Mammal Conservation and the Law of the Sea is instantly the leading text on all aspects of the international regulation of marine mammals. The author provides a detailed study of the history and current status of global, regional, and national marine mammal management including the paralytic operation of the IWC and an expansive discussion of the conservation-preservation debate that has been the core cause of the paralysis. While telling the story well, Dr. Jefferies goes further with an impressive chapter devoted to the current challenges to the conservation of marine mammals which includes: global climate change; by-catch; ship strikes; environmental pollution, and ecotourism. Bravely, convincingly, and creatively the author calls for a compromise between the conservationists and preservationists through the replacement of the IWC with an implementing agreement within the framework of the Law of the Sea Convention. -Ted L. McDorman, Professor of Law, University of Victoria

Author Information

Dr. Cameron S. G. Jefferies is an Assistant Professor at the University of Alberta, Faculty of Law. Dr. Jefferies holds a BSC and LLB from the University of Alberta and an LLM and SJD in Oceans Law & Policy from the University of Virginia School of Law, and has written numerous articles and book chapters on oceans law, shark and marine mammal conservation, and environmental law.

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