Overview

Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of soft and hard law.

Full Product Details

Author:   Harry N. Scheiber ,  Jin-Hyun Paik
Publisher:   Brill
Imprint:   Martinus Nijhoff Publishers
Edition:   XVI, 554 Pp. ed.
Weight:   0.967kg
ISBN:  

9789004220201

ISBN 10:   9004220208
Pages:   554
Publication Date:   21 March 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Preface and Acknowledgments Harry N. Scheiber and David D. Caron, Co-Directors, Law of the Sea Institute-UC Berkeley Introduction Harry N. Scheiber and Jin-Hyun Paik Part I:Perspectives on the International Tribunal for the Law of the Sea Chapter 1. Jose Luis Jesus Law of the Sea Disputes: The Applicable Law in the Jurisprudence of the Tribunal Chapter 2. Vaughan Lowe The Complementary Role of ITLOS in Development of Ocean Law Chapter 3. Rudiger Wolfrum Ad hoc Chambers Chapter 4. Bernard H. Oxman, Separate and Dissenting Opinions and their Absence: A Window on Decision-Making in the Tribunal Chapter 5. Carlos Esposito Advisory Opinions and Jurisdiction of ITLOS Chapter 6. Philippe Gautier Two Aspects of ITLOS Proceedings: Non-state Parties and Costs of Bringing Claims Part II:Institutions Governing Ocean Activities Chapter 7. Jon M. Van Dyke Whither the UNEP Regional Seas Programmes? Chapter 8. Jean-Francois Pulvenis FAO, Ocean Governance, and the Law of the Sea Chapter 9. Michael W. Lodge Implementation of the Common Heritage of Mankind Chapter 10. Alexander Proelss The Role of The Authority in Ocean Governance Chapter 11. Nilufer Oral The Regime of Straits: Safety, Security and Protection of the Marine Environment Chapter 12. Sherry Broder and Marcus Haward The International Legal Regimes Governing Ocean Iron Fertilization Chapter 13. Michael Sheng-ti Gau Mechanisms for Prevention of Disputes Concerning Encroachment upon the Area by Excessive Continental Shelf Part III. Regional Issues and Ocean Regimes A.The Pacific Area Chapter 14. Jerome A. Cohen and Jon M. Van Dyke China and the Law of the Sea Chapter 15. Moritaka Hayashi Japan's Anti-Piracy Law and UNCLOS Chapter 16. Suk Kyoon Kim and Seokwoo Lee The Legal Framework of Maritime Security in East Asia: A Comparative View Chapter 17. Yann-huei Song The Role of Taiwan in Global Ocean Governance B.Europe and the Mediterranean Regions Introductory Remarks Tullio Treves Chapter 18. Doris Koenig Global and Regional Approaches to Ship Air Emissions Regulation: The IMO and the European Union Chapter 19. Davor Vidas Subregional Marine Governance: The Case of the Adriatic Sea C.The Indian Ocean, Latin American, African and Arctic Regions Chapter 20. Ximena Hinrichs Oyarce Current Ocean Law Issues in the Indian Ocean Region Chapter 21. Eduardo Ferrero Costa Latin America and the Law of the Sea Chapter 22. Erik Franckx and Koen Van den Bossche Regional Issues and Ocean Law: The African Region Chapter 23. Tavis Potts and Clive Schofield Climate Change and Evolving Regional Ocean Governance in the Arctic Chapter 24. John K.T. Chao China's Emerging Role in the Arctic Part IV: Heightened Challenges Chapter 25. Helmut Tuerk Piracy and the Law of the Sea Chapter 26. David D. Caron Climate Change and the Oceans List of Abbreviations

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Author Information

Harry N. Scheiber, M.A., Ph.D. (Cornell University), D. Jur. hon.c. (Uppsala) is the Stefan Riesenfeld Chair Professor and Chancellor's Professor, Emeritus, in the School of Law, University of California, Berkeley. He is Co-Director of the Law of the Sea Institute at UC Berkeley and is an elected fellow of the American Academy of Arts and Sciences, honorary life fellow and former president of the American Society for Legal History, and twice a Guggenheim Fellow. He has published extensively on ocean law, marine fisheries management, history of American constitutional law, and law and economic policy. He also heads the UC Berkeley Law School's Sho Sato Program in Japanese and U.S. Law and is Director of its Institute for Legal Research. Jin-Hyun Paik, Ph. D. (Cambridge University), has been Judge of the International Tribunal for the Law of the Sea since 2009. He is also Professor of international law at Seoul National University and was Dean of its Graduate School of International Studies. He is President of Sea Lanes of Communication (SLOC) Study Group Korea and former president of the Korean Academic Council for the United Nations System (KACUNS). He has written widely on public international law, the law of the sea and international conflict management.

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