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  • New Knowledge and Changing Circumstances in the Law of the Sea

    New Knowledge and Changing Circumstances in the Law of the Sea by Heidar, Tomas;

    Series: Publications on Ocean Development; 92;

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    Product details:

    • Publisher Brill | Nijhoff
    • Date of Publication 10 September 2020

    • ISBN 9789004437746
    • Binding Hardback
    • No. of pages478 pages
    • Size 235x155 mm
    • Weight 862 g
    • Language English
    • 0

    Categories

    Short description:

    New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

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    Long description:

    During the four decades that have passed since the 1982 United Nations Convention on the Law of the Sea was negotiated, there has been considerable advancement in the knowledge of a number of important issues addressed in the Convention. Among those issues are marine biological diversity of areas beyond national jurisdiction, including marine genetic resources; the continental shelf, including seafloor highs, and its outer limits; and deep seabed mineral resources. At the same time, as a consequence of global warming, fundamental changes are taking place in many areas related to the law of the sea. In particular, sea level is rising globally, which may affect baselines, maritime limits and boundaries of coastal States.



    New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar, which includes twenty-two Chapters by prominent legal and scientific experts, focuses on these critical developments, the challenges they pose to the existing legal framework, and the various ways in which States are addressing these challenges.

    "New Knowledge and Changing Circumstances in the Law of the Sea is an impressive collection of scholarly contributions from leading legal and scientific experts on the challenges and opportunities presented by new scientific and technical developments on a range of ?hot? topics in the international law of the sea...the book aims to address the question ?how does the law of the sea adapt to new knowledge and changing
    circumstances?? Divided up into no less than eight parts, with 22 chapters, this compilation provides a valuable examination of issues across a broad spectrum of topics."



    - Mitchell Lennan, PhD Researcher, Strathclyde Law School, The University of Strathclyde, Glasgow, United Kingdom, The International Journal of Marine and Coastal Law 36 (2021) 1?6.

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    Table of Contents:

    Editor?s Preface

    List of Figures and Tables

    Contributors



    Introduction: How Does the Law of the Sea Adapt to New Knowledge and Changing Circumstances?

    Tomas Heidar



    Part 1: Legal, Scientific and Technical Interplay in the Law of the Sea



    1 Disputes Involving Scientific and Technical Matters and the International Tribunal for the Law of the Sea

    Jin
    -Hyun Paik




    Part 2: Marine Biological Diversity of Areas beyond National Jurisdiction: Marine Genetic Resources



    2 Mind the Gap between Biological Samples and Marine Genetic Resources in Areas beyond National Jurisdiction: Lessons from Land

    Sophie Arnaud
    -Haond




    3 The Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems

    Konrad Jan Marciniak



    4 Marine Genetic Resources of Areas beyond National Jurisdiction and Intellectual Property Rights

    Fernanda Millicay



    5 BBNJ and MGRs: Practical Solutions for Benefit
    -Sharing


    Natalie Y. Morris
    -Sharma




    Part 3: Marine Biological Diversity of Areas beyond National Jurisdiction: Conservation and Management Tools and the Question of Fisheries



    6 Options for Marine Protected Areas under a New Agreement on Marine Biodiversity of Areas beyond National Jurisdiction

    Veronica Frank



    7 Fisheries and Areas beyond National Jurisdiction: Advancing and Enhancing Cooperation

    Richard Barnes



    Part 4: Disputes Concerning the Delimitation and Delineation of the Continental Shelf beyond 200 Nautical Miles



    8 Disputes Concerning the Delimitation of the Continental Shelf beyond 200 Nautical Miles

    Leonardo Bernard and Clive Schofield



    9 Obligations of States in Disputed Areas of the Continental Shelf

    Sean D. Murphy



    10 Joint Development in Continental Shelf Areas beyond 200 Nautical Miles

    Vasco Becker
    -Weinberg




    11 More Disputes Ahead for the CLCS? CLCS Practice on Rule 46 of Its Rules of Procedure

    Signe Veierud Busch



    Part 5: Seafloor Highs



    12 Seafloor Highs in Article 76 of the Law of the Sea Convention

    A Scientific Introduction and Some Comments on CLCS Practice

    Walter R. Roest



    13 Submarine Ridges and Submarine Elevations under the Law of the Sea Convention: A Further Look

    Kevin A. Baumert and Larry Mayer



    14 The Case of Reykjanes Ridge

    Helga Gudmundsdottir



    15 Classification of Seafloor Highs in the Central Arctic Ocean

    Bj?rn Kunoy



    Part 6: Deep Seabed Mineral Resources and the Marine Environment



    16 Environmental Impacts of Deep Seabed Mining

    Matthias Haeckel, Annemiek Vink, Felix Janssen and Sabine Kasten



    Part 7: Climate Change and the Legal Effects of Sea Level Rise



    17 Climate Change and the Legal Effects of Sea Level Rise: An Introduction to the Science

    Larry Mayer



    18 The Effects of Sea Level Rise on Baselines and Outer Limits of Maritime Zones

    Alfred H.A. Soons



    19 Effects of Sea Level Rise on Agreements and Judgments Delimiting Maritime Boundaries

    Snjólaug Árnadóttir



    20 Legal and Political Considerations on the Disappearance of States Due to Sea Level Rise

    Christina Hioureas and Alejandra Torres Camprubí



    Part 8: The Central Arctic Ocean Fisheries Agreement



    21 Implementing the New Arctic Fisheries Agreement

    David Balton



    22 The CAOF Agreement: Key Issues of International Fisheries Law

    Erik J. Molenaar

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