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  • The Limits of Maritime Jurisdiction

    The Limits of Maritime Jurisdiction by Schofield, Clive H.; Lee, Seokwoo; Kwon, Moon-Sang;

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    Product details:

    • Edition number xviii, 794 pp.
    • Publisher Brill | Nijhoff
    • Date of Publication 2 December 2013

    • ISBN 9789004262584
    • Binding Hardback
    • No. of pages794 pages
    • Size 235x155 mm
    • Weight 1361 g
    • Language English
    • 0

    Categories

    Short description:

    The Limits of Maritime Jurisdiction brings together a renowned group of oceans scholars and practitioners to explore key contemporary law of the sea challenges facing the international community.

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    Long description:

    The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

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    Table of Contents:

    Dedication

    Table of Contents

    List of Figures

    List of Tables

    Preface and Acknowledgements

    Introduction: Exploring the Limits of Maritime Jurisdiction
    Clive Schofield, Seokwoo Lee and Moon
    -Sang Kwon

    A Jurisprudence of Pragmatic Altruism: Jon Van Dyke?s Legacy to Legal Scholarship
    Harry N. Scheiber

    PART I: ON THE LIMITS OF MARITIME JURISDICTION

    Chapter 1: The Limits of Maritime Jurisdiction
    by Ivan Shearer

    Chapter 2: The ?Territorialisation? of the Exclusive Economic Zone: A Requiem for the Remnants of the Freedom of the Seas?
    by Ian Townsend
    -Gault

    PART II: DISPUTED LIMITS

    Chapter 3: The Role of Islands in the Generation of Boundaries at Sea
    by John Briscoe and Peter Prows

    Chapter 4: The El Dorado Effect: Reappraising the ?Oil Factor? in Maritime Boundary Disputes
    by Clive Schofield

    Chapter 5: Oil and Water: Assessing the Link between Maritime Boundary Delimitation and Hydrocarbon Resources
    by John Donaldson

    Chapter 6: Adriatic Blues: Delimiting the former Yugoslavia?s Final Frontier
    by Damir Arnaut

    Chapter 7: The Scope for Unilateralism in Disputed Maritime Areas
    by Youri van Logchem

    PART III: ENDURING DISPUTES IN EAST AND SOUTHEAST ASIA

    Chapter 8: Sovereignty as an Obstacle to Effective Oceans Governance ? The Case of the South China Sea
    by Sam Bateman

    Chapter 9: The South China Sea: Competing Claims and Conflict Situations
    by Julia Xue

    Chapter 10: Politics, International Law and the Dynamics of Recent Developments in the South China Sea
    by Tran Truong Thuy

    Chapter 11: The Notion of Dispute in the Contemporary International Legal Order: Qualification and Evidence
    by Xinjun Zhang

    Chapter 12: Perspectives on East China Sea Maritime Disputes: Issues and Context
    by Suk
    -Kyoon Kim

    Chapter 13: The China
    -Japan Dispute Over Entitlement in the East China Sea: Legal Issues and Prospects for Resolution
    by Tara Davenport

    PART IV: MARITIME SECURITY AND THE LIMITS OF MARITIME JURISDICTION

    Chapter 14: Maritime Security in the post
    -9/11 World: A New Creeping Jurisdiction in the Law of the Sea?
    by Stuart Kaye

    Chapter 15: Maritime Security and Jurisdiction over Pirates and Maritime Terrorists
    by Robert Beckman

    Chapter 16: Korea?s Trial of Somali Pirates
    by Seokwoo Lee and Young Kil Park

    Chapter 17: A Missing Part of the Law of the Sea Convention: Addressing Issues of State Jurisdiction over Persons at Sea?
    by Irini Papanicolopulu

    PART V: PUSHING THE LIMITS OF OCEANS GOVERNANCE ? ENVIRONMENTAL AND MARINE LIVING RESOURCE CONCERNS

    Chapter 18: Distributing a Conservation Burden across Multiple Jurisdictions: A Case Study of the Western and Central Pacific Tuna Fisheries
    by Quentin Hanich

    Chapter 19: In Combating and Deterring IUU Fishing: Do RFMOs Work?
    by Kuan
    -Hsiung Wang

    Chapter 20: ?Good Faith? Obligations to Protect and Preserve the Marine Environment: A Proposal on Uniform High Seas Fisheries Management
    by Anastasia Telesetsky

    Chapter 21: The Legacy and Fate of Bluefin Tuna under International Law
    by Emily A. Gardner

    PART VI: POLAR LIMITS

    Chapter 22: The Southern Ocean, Climate Change and Ocean Governance
    by Marcus Haward

    Chapter 23: Whaling in the Antarctic: Protecting Rights in Areas Beyond National Jurisdiction through International Litigation
    by Natalie Klein and Tim Stephens

    Chapter 24: Marine Protected Areas in Antarctic Waters: A Review of Policy Options in the Context of International Law
    by Ben Milligan

    Chapter 25: Evaluating Canada?s Position on the Northwest Passage in Light of Two Possible Sources of International Protection
    by Suzanne Lalonde

    Chapter 26: The Practicalities of Ecosystem Approach in the Barents Sea: The ECOBAR Project
    by Tavis Potts, Branka Valcic, JoLynn Carroll and Michael Carroll

    PART VII: NEW CHALLENGES IN OCEANS GOVERNANCE ? CLIMATE CHANGE AND THE OCEANS

    Chapter 27: Sea Level Rise and the Law of the Sea: How Can the Affected States be Better Protected?
    by Moritaka Hayashi

    Chapter 28: Ocean Energy Development in Response to the Convention on Climate Change: The Case of Korea
    by Seong Wook Park and Charity M. Lee

    Chapter 29: Exploiting the Oceans for Climate Change Mitigation: Case Study on Iron Fertilisation
    by Karen Scott

    Chapter 30: Through the Back Door: A Critical Appraisal of the UN Law of the Sea Convention?s Usefulness as a Tool to Combat Climate Change
    by Jenny H. Grote Stoutenburg

    Chapter 31: Principles and Normative Trends in EU Ocean Governance
    by Ronán Long

    PART VIII: BEYOND THE LIMITS ? EXPLORING AND MANAGING NEW FRONTIERS

    Chapter 32: Governing the Blue: Governance of Areas Beyond National Jurisdiction in the Twenty
    -First Century
    by David Freestone

    Chapter 33: Beyond Delimitation: Interaction Between the Outer Continental Shelf and High Seas Regimes
    by Joanna Mossop

    Chapter 34: Addressing the Marine Genetic Resources Issue: Is the Debate Heading in the Wrong Direction?
    by David Leary and S. Kim Juniper

    Index

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