Full Description
This open access book assesses UNCLOS' resilience and vitality as a legal framework for addressing emerging global maritime challenges. Against the backdrop of a number of emerging global maritime challenges, including the rise of sea levels and the maintenance of maritime safety and connectivity, the preservation of marine biodiversity of areas beyond national jurisdiction, and the promotion of marine scientific research, a contention has been made that UNCLOS does not provide sufficient or efficient regulation, and therefore, that countries should negotiate new legal provisions to complement or replace UNCLOS. Within this context, in the first part of the book, UNCLOS as a general well-established legal framework is reviewed. In the part that follows, an analysis of the positive points, limitations, and shortcomings of UNCLOS provisions in specific areas such as navigation rights, sea level rise, marine scientific research, and BBNJ is provided. The book goes on to a more individualized analysis and offers suggestions regarding the application of legal frameworks in UNCLOS to promote cooperation and manage maritime challenges in the South China Sea, an area where UNCLOS is often interpreted and applied with considerable variation.
The book serves as a distinctive resource for practitioners, researchers, lecturers, and students in international and maritime law. It is also a valuable reference for policymakers and government advisors who want to get a thorough understanding of the developments of UNCLOS.
Contents
Part 1 UNCLOS: An Established Legal Framework.- 1. Roles and future developments of UNCLOS.- 2. The Resilience of UNCLOS in Responding to New Challenges.- 3. Potential of the international dispute settlement mechanisms as established under UNCLOS: Options for improvement.- 4. The BBNJ Agreement: The Next Step in Ocean Equity?.- Part 2: UNCLOS and Emerging Global Maritime Challenges.- 1. Marine Data Collection Outside the MSR Regime.- 2. The Legal Framework of Marine Scientific Research under UNCLOS: Present and Prospects.- 3. The way forward is not fast forward.- 4. Sea Level Rise: Implications for Baselines, Limits and Boundaries.- 5. Freedom and Safety of Navigation in International Law.- Part 3: UNCLOS and cooperation in the South China Sea.- 1. Marine Scientific Research Cooperation in the South China Sea under the Governance Framework of International Law.- 2. Possibilities for international ocean science collaborations in the South China Sea.- 3. BBNJ in the Context of the South China Sea: with a Focus on Area-based Management Practice.- 4. Challenges to Navigation Rights and High Sea Freedom in the South China Sea.- 5. The Battle of Note Verbales and the Future of South China Sea.- 6. "UNCLOS and the South China Sea Dispute: A View from Non-Claimant State".
