Full Description
In Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, edited by Stephen Minas and H. Jordan Diamond, leading practitioners and scholars of the law of the sea examine key developments that are placing pressure on the current legal framework. Following an expert preface setting the historical context for the discussion, Part I explores the changing norms of marine dispute resolution - long the foundation of the UNCLOS framework - in an era when the lines between private and public governance are continually shifting and following the landmark South China Sea arbitration. Part II explores emerging issues whose inherent levels of uncertainty challenge the structure of the framework, including climate change, disasters, and expanding energy exploration.
Contents
Dedication
Foreword: Reflections on Forty Years of the Law of the Sea
In Memoriam: David D. Caron
Acknowledgments
Figures /b>
Notes on Contributors
Introduction: The Law of the Sea and the Challenges of Transnational Governance
Stephen Minas, Jordan Diamond and Holly Doremus
Part 1: Stress Testing unclos Dispute Resolution
1 The Role of the International Tribunal for the Law of the Sea in Global Ocean Governance
Vladimir Golitsyn
2 Contested Sovereignty over Land Territory and Maritime Zones
Pierre-Emmanuel Dupont
3 Arbitrating Maritime Disputes: Evolving Approaches to Maritime Features and Third Party Interests in unclos Arbitration
Robert G. Volterra Professor
4 Navigating Uncharted Procedural Waters in a Rising Sea of Cases at the Permanent Court of Arbitration
Judith Levine and Garth L. Schofield
5 itlos at 20: Provisional Measures and the Precautionary Approach
Mubarak A. Waseem
6 Certain Controversial Issues in the Development of the International Law of the Sea
Keyuan Zou
7 The South China Sea Arbitration and the China-Philippines Relations Beyond the Award
Vasco Becker-Weinberg Professor
Part 2: The Interface of unclos and Emerging Environmental, Disaster & Energy Challenges
8 Interpreting the Dispute Settlement Limitation on Fisheries after the Chagos Marine Protected Area Arbitration
Alexandros X.M. Ntovas
9 Protection Standards for the Marine Environment: Updating Part xii of the Law of the Sea Convention?
Maria Gavouneli
10 Weathering the 21st Century: How unclos Contributes to Responses to Climate-Related Disaster Events
Anastasia Telesetsky
11 The Sendai Opportunity: Maritime Access and Cooperation for Disaster Relief
Stephen Minas
12 Rights and Obligations of States in Undelimited Maritime Areas: The Case of the Eastern Mediterranean Sea
Nicholas A. Ioannides
Index
