The international legal regime of areas beyond national jurisdiction : current and future developments / / edited by Alex G. Oude Elferink and Erik J. Molenaar.

• Superior document: Nova et vetera iuris gentium. Series A, Modern international law ; v. 26
• Author: J.H.W. Verzijl Memorial Symposium Utrecht, Netherlands)
• TeilnehmendeR: Oude Elferink, Alex G., 1962-; Molenaar, Erik Jaap.; Universiteit Utrecht. Volkenrechtelijk Instituut.; Netherlands Institute for the Law of the Sea.
• Year of Publication: 2010
• Language: English
• Series: Nova et vetera iuris gentium. Modern international law ; no. 26.
• Physical Description: 1 online resource (272 p.)
• Notes: Papers originally presented at the 4th J.H.W. Verzijl Memorial Symposium, which was organized by the Institute of Public International Law and the Netherlands Institute for the Law of the Sea of Utrecht University, held in Utrecht, Nov. 21, 2008.

States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction? This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.

Table of Contents

Principles and objectives of the legal regime governing areas beyond national jurisdiction / Tullio Treves -- The seabed beyond the limits of national jurisdiction : general and institutional aspects / Tullio Scovazzi -- The concept of the common heritage of mankind : its viability as a management tool for deep-sea genetic resources / Nele Matz-Luck -- Entitlement to marine living resources in areas beyond national jurisdiction / Richard Barnes -- Property rights in areas beyond national jurisdiction : not too late for a propter debate / Andrew Serdy -- The anthropocene, autopoiesis, and the disingenuousness of the genuine link : addressing enforcement gaps in the legal regime for areas beyond national jurisdiction / Rosemary Rayfuse -- The contribution of the international tribunal for the law of the sea to international law / Helmut Tuerk.