Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law.
| Preface and Acknowledgments |
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ix | |
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xiii | |
| Introduction |
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1 | (14) |
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Part One Perspectives On The International Tribunal For The Law Of The Sea |
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Chapter 1 Law of the Sea Disputes: The Applicable Law in the Jurisprudence of the Tribunal |
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15 | (14) |
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Chapter 2 The "Complementary Role" of ITLOS in the Development of Ocean Law |
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29 | (8) |
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Chapter 3 Ad hoc Chambers |
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37 | (10) |
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Chapter 4 Separate and Dissenting Opinions and Their Absence: A Window on Decision-Making in the Tribunal |
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47 | (10) |
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Chapter 5 Advisory Opinions and Jurisdiction of the International Tribunal for the Law of the Sea |
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57 | (16) |
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Chapter 6 Two Aspects of ITLOS Proceedings: Non-State Parties and Costs of Bringing Claims |
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73 | (16) |
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Part Two Institutions Governing Ocean Activities |
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Chapter 7 Whither the UNEP Regional Seas Programmes? |
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89 | (22) |
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Chapter 8 FAO, Ocean Governance, and the Law of the Sea |
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111 | (18) |
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Chapter 9 Implementation of the Common Heritage of Mankind |
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129 | (16) |
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Chapter 10 The Role of the Authority in Ocean Governance |
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145 | (16) |
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Chapter 11 The Regime of Straits: Safety, Security and Protection of the Marine Environment |
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161 | (24) |
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Chapter 12 The International Legal Regimes Governing Ocean Iron Fertilization |
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185 | (36) |
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Chapter 13 Mechanisms for Prevention of Disputes Concerning Encroachment upon the Area by Excessive Continental Shelf Claims |
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221 | (24) |
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Part Three Regional Issues And Ocean Regimes |
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Chapter 14 China and the Law of the Sea |
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245 | (12) |
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Chapter 15 Japan's Anti-Piracy Law and UNCLOS |
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257 | (14) |
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Chapter 16 The Legal Framework of Maritime Security in East Asia: A Comparative View |
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271 | (22) |
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Chapter 17 The Role of Taiwan in Global Ocean Governance |
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293 | (24) |
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Introductory Remarks: Law of the Sea in the European Union and in the Mediterranean |
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313 | (4) |
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Chapter 18 Global and Regional Approaches to Ship Air Emissions Regulation: The International Maritime Organization and the European Union |
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317 | (20) |
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Chapter 19 Subregional Marine Governance: The Case of the Adriatic Sea |
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337 | (22) |
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Chapter 20 Current Ocean Law Issues in the Indian Ocean Region |
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359 | (24) |
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Chapter 21 Latin America and the Law of the Sea |
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383 | (28) |
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Chapter 22 Regional Issues and Ocean Law: The African Region |
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411 | (26) |
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Chapter 23 Climate Change and Evolving Regional Ocean Governance in the Arctic |
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437 | (30) |
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Chapter 24 China's Emerging Role in the Arctic |
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467 | (26) |
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Part Four Heightened Challenges |
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Chapter 25 Piracy and the Law of the Sea |
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493 | (22) |
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Chapter 26 Climate Change and the Oceans |
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515 | (24) |
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| List of Abbreviations |
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539 | (4) |
| Index |
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543 | |
Harry N. Scheiber, M.A., Ph.D. (Cornell University), D. Jur. hon.c. (Uppsala) is the Stefan Riesenfeld Chair Professor and Chancellor's Professor, Emeritus, in the School of Law, University of California, Berkeley. He is Co-Director of the Law of the Sea Institute at UC Berkeley and is an elected fellow of the American Academy of Arts and Sciences, honorary life fellow and former president of the American Society for Legal History, and twice a Guggenheim Fellow. He has published extensively on ocean law, marine fisheries management, history of American constitutional law, and law and economic policy. He also heads the UC Berkeley Law School's Sho Sato Program in Japanese and U.S. Law and is Director of its Institute for Legal Research.
Jin-Hyun Paik, Ph. D. (Cambridge University), has been Judge of the International Tribunal for the Law of the Sea since 2009. He is also Professor of international law at Seoul National University and was Dean of its Graduate School of International Studies. He is President of Sea Lanes of Communication (SLOC) Study Group Korea and former president of the Korean Academic Council for the United Nations System (KACUNS). He has written widely on public international law, the law of the sea and international conflict management.
