Global Challenges and the Law of the Sea

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law.

UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States' diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation.

The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders' role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces,and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

Auteur
Martha Chantal Ribeiro is Professor of Law of the Sea, International Law and European Union Law at the Faculty of Law of the University of Porto
Fernando Loureiro Bastos is Associate Professor of Public Law at the Faculty of Law, University of Lisbon and Head of Research Group (HRG) on International and European Law of the Lisbon Centre for Research in Public Law
Tore Henriksen is Leader of the K. G. Jebsen Centre for the Law of the Sea at the Faculty of Law of UiT, The Arctic University of Norway and Professor at the UiT Faculty of Law.

Contenu
1 Introduction by Giuseppe Cataldi.- Part I - The Role of the International Organizations in the Implementation and Development of the Law of the Sea: 2 Implementation of the Rules of the UNCLOS through Universal and Regional Organizations by Mariko Kawano.- 3 International Organizations and the Protection of the Marine Environment by Pradeep A. Singh.- 4 The Arctic Ocean: Are we Ready to Govern a New Ocean? by Timo Koivurova, Stefan Kirchner and Pirjo Kleemola-Juntunen.- 5 Regional Fisheries Management Organizations by Erik J. Molenaar.- 6 Considerations on Some Global Institutional Challenges within the Context of the Conservation and Management of Marine Living Resources by Fernando Correia Cardoso.- 7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in Indonesian Waters by Dita Liliansa.- 8 Sea-Level Rise in Relation to International Law: A New Topic for the United Nations International Law Commission by Patrícia Galvão Teles.- 9 Sanctions at Sea: The UN Security Council's Impact on Commercial Shipping Activities by Richard L. Kilpatrick.- 10 Security Council's Contribution to the Evolution of the Law of the Sea: Avant Garde or Self-limitation? by Kiara Neri.- 11 The Challenges of the Commission on the Limits of the Continental Shelf by Aldino Santos de Campos.- 12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement the UN Convention on the Law of the Sea by Anastasia Telesetsky.- 13 Maritime Surveillance of the EU External Sea Borders: Extensive Approaches and Operational Challenges to the Principles of Coastal and Flag State Jurisdiction in Italy by Marco Fantinato.- Part II Superpowers, International Courts and the Law of the Sea: Challenges for the Global Oceans Regime: 14 Stakeholders in Dispute Settlement under the UN Convention on the Law of the Sea by Natalie Klein.- 15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article 121 of UNCLOS and the South China Sea Arbitral Award: Uncontested Right to EEZ and Continental Shelf or Brazilian Creeping Jurisdiction? by Victor Ventura and Eduardo Cavalcanti Filho.- 16 Implementing the Law of the Sea: Russia and Arbitrations under Annex VII to UNCLOS by Grant Kynaston and Rebecca Brown.- Part III The Protection and Conservation of the Areas Beyond National Jurisdiction: Where Do We Stand?: 17 The Conservation and Sustainable Use of Areas Beyond National Jurisdiction: Where Do We Stand? by Miguel de Serpa Soares.- 18 Regulating the Common Heritage of Mankind: Challenges in Developing a Mining Code for the Area by Hannah Lily and Stephen E. Roady.- 19 Three Structural Pillars of the Future Internationally Legally Binding Instrument for the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction by Otto Spijkers, Catherine Blanchard and Wen Duan.- 20 The European Union and the Future International Legally Binding Instrument on Marine Biodiversity Beyond National Jurisdiction by Pascale Ricard.- 21 The EU and the UN Legally-Binding Instrument on the Areas Beyond National Jurisdiction by Luigimaria Riccardi.- 22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign Rights over the Continental Shelf Beyond 200 Nautical Miles by Inês Aguiar Branco.- 23 North East Atlantic Marine Protected Areas Beyond National Jurisdiction. Geographical and Material Scope by Marta Sobrido-Prieto.