Full 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.
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
