Research Handbook on Ocean Governance Law

by Simone Borg (Editor), Felicity G. Attard (Editor), Patricia M. Vella de Fremeaux (Editor)

Overview

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.

Product Details

ISBN-13:	9781839107689
Publisher:	Edward Elgar Publishing
Publication date:	01/10/2023
Series:	Research Handbooks in Environmental Law series
Pages:	486
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

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

Table of Contents

Contents:

Foreword xiv
David Joseph Attard
Preface and acknowledgements xvi
List of abbreviations xvii
Introduction to the Research Handbook on Ocean Governance Law 1
Simone Borg, Patricia Mallia Vella de Fremeaux and Felicity G. Attard

PART I THE BLUE SPACE
1 A 50-year reflection on global ocean governance for protection of the
marine environment 10
Nilüfer Oral
2 Maritime zones in international law 24
Danilo García Cáceres
3 Airspace, sovereignty and ocean governance 47
Roberto Cassar
4 Marine scientific research as a tool for ocean governance 59
Norman A. Martínez Gutiérrez
5 Dispute settlement and ocean governance 72
Vladyslav Lanovoy

PART II THE BLUE PLANET
6 The International Convention for the Prevention of Pollution from
Ships (MARPOL) 91
Malgosia Fitzmaurice
7 Land-based sources of marine pollution and dumping at sea 109
Meagan Wong and Niccolò Lanzoni
8 Ocean pollution from plastics 128
Jyothi Thomas
9 Noise pollution in the marine environment 151
Georgia Veldeki
10 Conservation of living marine resources 162
Elda Kazara-Belja

PART III THE INTEGRATED APPROACH FOR SUSTAINABLE
OCEAN GOVERNANCE
11 Ocean governance in an era of climate change 179
Simone Borg
12 Implementing the ecosystem approach through area-based management 205
Daniela Diz
13 The interaction between an Agreement on Biodiversity Beyond
National Jurisdiction and the law of the sea 220
David M. Ong

PART IV THE BLUE ECONOMY
14 Towards a more inclusive, systemic and multi-regulatory Blue
Economy: the case of offshore wind energy 267
Sandra Cassotta
15 Advancing a sustainable Blue Economy – case study: fisheries
governance in the Indian Ocean 283
Erika Techera
16 The submarine cable systems and landing stations in international law 295
Danilo García Cáceres
17 Carriage of goods by sea 316
Richard L. Kilpatrick, Jr.
18 The cultural heritage at sea 325
Ángeles Jiménez García-Carriazo

PART V THE HUMAN SEA
19 Piracy and armed robbery 337
Andrew Mallia
20 Maritime terrorism and trafficking in weapons of mass destruction 348
John Hursh
21 Smuggling of migrants and trafficking in persons by sea 363
Patricia Mallia Vella De Fremeaux and Felicity G. Attard
22 Human rights at sea 381
Irini Papanicolopulu
Bibliography 396

Index

Editorial Reviews

‘This timely Handbook provides a sweeping survey of the fragmented and fast-changing ocean governance seascape. Detailed guidance is offered for navigating the legal complexities surrounding five topics: maritime jurisdictional zones; marine environmental protection including pollution controls and conservation of living resources; implementation of an integrated approach; governance in support of the Blue Economy; and maritime security.’

David Vanderzwaag

‘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.’

Jason Lowther

‘The authors and editorial team led by Professor Simone Borg have produced an outstanding Research Handbook on Ocean Governance Law. Based on their experience and expertise, leading colleagues have tackled key issues of ocean governance law. This has resulted in a Research Handbook with enormous added value for students, academics and practitioners.’

Kurt Deketelaere