The Future of the Law of the Sea : : Bridging Gaps Between National, Individual and Common Interests.
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Place / Publishing House: | Cham : : Springer International Publishing AG,, 2017. ©2017. |
Year of Publication: | 2017 |
Edition: | 1st ed. |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (278 pages) |
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Table of Contents:
- Intro
- Foreword
- Scope and Aim of the Volume
- Peer Review Process
- Funding Institutions
- COST Action IS 1105
- Contents
- List of Contributors
- Part I: The Equitable and Sustainable Exploitation of Marine Environment and of Its Resources
- Adapting to Sea Level Rise: A Law of the Sea Perspective
- 1 Introduction
- 2 Legal Implication of Sea Level Rise on Baselines from Which Maritime Limits and Boundaries Are Determined
- 2.1 General Description of Maritime Zones
- 2.2 Each Maritime Zone Is Measured from Lines Joining Appropriate Points on Land: Baselines
- 2.2.1 The Establishment of Baselines Under UNCLOS: Relevant Provisions
- Normal Baselines
- Straight Baselines
- 2.2.2 Baselines in Establishing Maritime Limits and in Drawing Maritime Boundary
- Maritime Limits
- Maritime Delimitation
- 2.3 Baselines Would Naturally Change Because of Sea Level Rise
- 2.3.1 When Baselines Shift Landward
- 2.3.2 When Base Points Are Situated on Disappeared Island and Low-Tide Elevation
- 3 Potential Responses to Baseline Alteration and Base Point Disappearance
- 3.1 The Practical Implications of the Use of Shifting Baselines
- 3.2 Toward the Preservation of Baselines and Its Practical Implications
- 4 Conclusion
- References
- The Common Fisheries Policy: A Difficult Compromise Between Relative Stability and the Discard Ban
- 1 Introduction
- 2 Origin and Enshrining of Relative Stability
- 2.1 Origin of Relative Stability
- 2.2 Enshrining Relative Stability
- 3 The Nature of Relative Stability
- 3.1 Future Predictability
- 3.2 The States as Beneficiaries of Relative Stability
- 3.3 Allocation Formula Contained in the Derived Legislation
- 4 The Discard Ban
- 4.1 Relative Stability and Discards
- 4.2 The Landing Obligation
- 4.3 Use of National Quotas
- 5 Final Considerations
- References.
- Some Recent Questions Regarding the European Unionś Public Access Fisheries Agreements
- 1 Introduction
- 2 The European Commissionś Competence to Represent the EU Before the ITLOS
- 3 The Scope of the Public Access Fisheries Agreements
- 4 Some Aspects Arising from the Application of the Fishing Agreement Signed by the EU and Morocco and Its Successive Protocols
- 5 Final Remarks
- References
- The Protection of Biodiversity in the Framework of the Common Fisheries Policy: What Room for the Shared Competence?
- 1 Introduction
- 2 Interaction with the Marine Strategy Framework Directive and the Natura 2000 Network: Interpretation of Art. 11 of Regulatio...
- 2.1 The Geographical Scope
- 2.2 The Substantive Scope: The MPAs. The Complementary Effect of the MSFD with Regard to the Habitats Directive
- 2.3 The Prescriptive Competence of the Coastal Member State. Grounds and Solutions for an Interpretation of Art. 11 Consistent...
- 2.3.1 The Prescriptive Competence of the Coastal Member State: Fishing Vessels Flying Its Flag
- 2.3.2 The Prescriptive Competence of the Coastal Member State: Fishing Vessels Flying the Flag of Other Member States or Third...
- 3 Beyond Art. 11: The Contribution of Other Provisions for the Protection of Marine Biodiversity
- 3.1 Scope of Art. 20: Conservation Measures Adopted by the Coastal Member State in the 12 Nautical Mile Zone
- 3.1.1 Twelve Nautical Mile Zone: Fishing Vessels Flying the Flag of the Coastal Member State
- 3.1.2 Twelve Nautical Mile Zone: Fishing Vessels Flying the Flag of Other Member States
- 3.2 Scope of Art. 19: Conservation Measures Adopted by the Coastal Member State Applicable to Fishing Vessels Flying Its Flag ...
- 4 Concluding Remarks: Balance and Tension Between Exclusive and Shared Competences
- References
- Marine Scientific Research: Taking Stock and Looking Ahead.
- 1 Introduction
- 2 The MSR Legal Regime
- 2.1 From Geneva to Montego Bay: A Brief Legislative History
- 2.2 Current Regime Under UNCLOS: Consent v. Freedom
- 3 From Theory to Practice: Implementing the MSR Regime
- 3.1 Where? The Spatial Dimension
- 3.2 Which Activities Fall Under MSR? The Functional Dimension
- 3.3 Who Is Involved? The Unexplored Duty of Cooperation
- 4 Conclusion
- References
- Protecting Arctic Ocean Marine Biodiversity in the Area Beyond National Jurisdiction
- 1 Introduction
- 2 The Arctic Ocean: A Critical Intersection of Competing and Common Interests
- 2.1 The Ilulissat Declaration: Reaffirming the Law of the Sea and Arctic Council Amid New Challenges
- 2.2 Changing Tides: The Inclusion of Non-Arctic States as Arctic Council Observers
- 2.3 Heightened Industry-Caused Pressure on Marine Species
- 3 Need for Arctic Marine Protected Areas
- 4 The Arctic Councilś State-Led Pathway for MPA Creation
- 5 Arctic Sanctuary: Demand for an Antarctic Model Treaty
- 6 Looking to the High Arctic: Legal Obligation for MPAs in ABNJs
- 6.1 United Nations Convention on the Law of the Sea (UNCLOS) Implementing Agreement
- 6.2 United Nations Convention on Biological Diversity (UNCBD) Additional Protocol
- 6.3 A Regional Arrangement
- 7 Conclusion: A Regional Arrangement in Wait of a Formal Legal Framework
- References
- The Environmental Legal Framework for the Development of Blue Energy in Europe
- 1 Introduction
- 2 The Impact of the Law of the Sea: Maritime Safety Issues
- 3 The Integration of Ocean Energy in Maritime Spatial Plans
- 4 Environmental Impact Assessment
- 4.1 At the EU Level
- 4.2 In a Cross-Border Context: The Obligation of Due Diligence
- 5 Protection of Flora and Fauna
- 6 Marine Environmental Protection
- 7 Final Remarks
- References.
- The Black Sea and Blue Energy: Challenges, Opportunities and the Role of the European Union
- 1 Introduction
- 2 Sustainable Development and Blue Energy: From a Universal Strategy to That of the European Union
- 3 Sources of Marine Renewable Energies and Adequacy in the Case of the Black Sea
- 3.1 Kinds of Marine Renewable Energies
- 3.2 Marine Renewable Energies and the Black Sea
- 4 The European Union and Blue Energy in the Black Sea
- 5 The Main Challenges in the Black Sea Basin that the European Union Can Help to Overcome
- 6 Conclusion
- References
- Part II: The National and International Response to Maritime Crimes
- Exploring the Ambiguity of Operation Sophia Between Military and Search and Rescue Activities
- 1 Introduction
- 2 The Engagement of the EU in SAR Activities: A Missed Opportunity
- 2.1 Frontex Joint Operations
- 2.2 The Novel EU Engagement in Operation Sophia
- 3 Enforcement Jurisdiction Against Vessels Suspected of Migrant Smuggling and Human Trafficking and the Difficult Transition t...
- 3.1 On the High Seas
- 3.2 In Territorial Waters
- 3.2.1 The UN Security Council Resolution
- 3.2.2 The Consent of Libya
- 4 Between the Need and the Obligation to Turn into a Rescue Scheme
- 5 The Search for Clarity on the Place of Safety
- 5.1 On the High Seas
- 5.2 In the Libyan Territorial Sea
- 6 Concluding Remarks
- References
- Private Maritime Security Contractors and Use of Lethal Force in Maritime Domain
- 1 Introduction
- 2 The Shifting Nature of Maritime Security
- 3 Use of Force, Regulation, and Consequences: General Overview
- 3.1 Prelude to Precedent
- 3.2 Use of Force
- 3.2.1 Right to Self-Defense
- 3.2.2 Relevant Maritime-Related National Legislation and Guidelines
- 3.2.3 Excessive Self-Defense and Putative Self-Defense
- 3.2.4 Assessment of Reasonable Conduct.
- 3.3 Standards, Guidelines, and Recommendations
- 3.3.1 IMO Interim Guidance
- 3.3.2 BIMCO Guidance and GUARDCON
- 3.3.3 The 100 Series Rules
- 3.3.4 IAMSP-2011-01-UOF-001 v2.0
- 3.4 Open Issues
- 3.4.1 Present and Imminent Attack
- 3.4.2 Reasonability and Proportionality vs. Extreme Circumstances
- 3.4.3 Conclusion
- References
- Journals and Articles
- Books and Chapters
- Cases
- Legal Documents
- Other
- United Nations Authorized Embargos and Maritime Interdiction: A Special Focus on Somalia
- 1 Introduction
- 2 The History of UN Security Council Authorized Maritime Interdictions
- 2.1 Material Scope
- 2.2 Innocent Passage
- 2.3 Other Aspects of the Geographical Application of the Libyan Embargo
- 2.4 The Authorization to Use Force
- 3 Somalia
- 3.1 General Aspects
- 3.2 The Reach of the Enforcement Authority Granted in UNSC Res. 2182
- 4 Challenges
- 4.1 General Issues
- 4.2 To Whom the Honor?
- 4.3 Flag State Consent
- 4.4 Detention of Persons
- 4.5 Seizure and Disposal
- 5 Conclusions
- References
- Journals and Articles
- Books and Chapters
- Online Publications
- Other
- The Right of Innocent Passage: The Challenge of the Proliferation Security Initiative and the Implications for the Territorial...
- 1 Introduction
- 2 The Demilitarisation of the Åland Islands
- 3 An Overview of the Proliferation Security Initiative
- 3.1 Scope of the UNSC Resolutions
- 4 Legal Problems with the PSI and the Right of Innocent Passage
- 5 Interdictions by Participants in Their Territorial Sea
- 5.1 Sovereignty and Jurisdiction of Coastal States
- 5.2 The Right of Innocent Passage
- 5.3 The Territorial Waters of the Åland Islands
- 5.4 Article 25 of UNCLOS
- 5.5 Criminal Jurisdiction in the Territorial Sea
- 6 Concluding Observations
- References
- Case.