This authoritative and trusted practical resource for attorneys, government officials, and scholars analyses and explains the current legal framework of our ocean and coastal policies. Drawing upon the expertise of leading practitioners and scholars, it considers the full array of issues in ocean and coastal law. Chapters address the current state of the law for each topic, followed by analysis of emerging and unresolved issues, offering both a balanced perspective and pertinent insights.
Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. This book unites the two worlds of climate change regulation and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the United States and the world.
"As Secretary of the Interior, implementing the Endangered Species Act was one of my most important, and challenging, responsibilities. All who deal with this complex and critical law need a clear and comprehensive guide to its provisions, interpretation, and implementation. With chapters written by some of the foremost practitioners in the field, the new edition of Endangered Species Act: Law, Policy, and Perspectives is an essential reference for conservationists and the regulated community and the attorneys who represent them."---Bruce Babbbitt, former Secretary of the Interior "In January 1973, when i introduced in Congress the bill that would become the Endangered Species Act, I described it as one of the most important pieces of legislation needed if we were to conserve, protect, and propagate our thereatened fish and our wildlife resources, which were diminishing too rapidly. I am proud to have introduced the original bill and even prouder that, in the ensuing years, the Endangered Species Act has saved hundreds of species from extinction. We have learned much along the way about the conservation of endangered species, the needs of the regulated community, and how the Endangered Species Act can successfully reconcile the two. It is important that we have a comprehensive understanding of the problems and potential of this landmark law."---John D. Dingell, U.S. House of Representatives, Michigan "Possibly the single most effective legislative effort of modern times to ensure that our children and grandchildren can enjoy the blessings of nature that were passed on to our generation was the enactment of the landmark Endangered Species Act (ESA) in 1973. The ESA has allowed the United States to make great advances in protecting the web of life that enables the intricate coexistence of man, plant, and animal. In my role as Chairman of the House Committee on Natural Resources, I recognize the role of the Endangered Species Act in helping us to fulfill our stewardship responsibilities while balancing local concerns and economic needs. Understanding how the ESA works is essential to its continued success."---Nick J. Rahall, II, U.S. House of Representatives, West Virginia "After a lifetime of studying, writing about, and being amazed by the diversity of life, I remain convinced that failing to do everything we can to protect it is the folly future generations are least likely to forgive us. The Endangered Species Act is one of the most far-sighted and important laws ever adopted. A thorough understanding of how the law works, the major policy issues surrounding it, and how to resolve those issues will ensure the law's continued success in protecting biodiversity. Endangered Species Act: Law, Policy, and Perspectives provides readers with the needed insight to this critically important law."---Edward O. Wilson, University Research Professor Emeritus at Harvard University and Honorary Curator in Entomology at the Museum of Comparative Zoology
The management of common pool resources and publicly-owned areas is fraught with difficulty. This book explores the long, complex, and frequently contentious history of public lands management in the United States in order to draw lessons for the emerging field of marine spatial planning (MSP). The author first establishes that these two seemingly different settings are in fact remarkably similar, drawing on established theories of policy analysis. The work then examines the management of US National Forests over the past 120 years, including three place-based case studies, to discover recurring themes. The analysis shows how different management approaches evolved over time in response to changing laws and cultural norms, producing outcomes favored by different constituencies. This history also reveals the ambiguities and contradictions inherent in multiple-use management of any public space. Next, the book analyzes recent efforts to advance MSP, both in the US and globally, showing how they mirror past experiences in National Forest management, including similar disagreements among stakeholders. In conclusion the author suggests how those within ocean-related sectors – government, academia, industry, and environmental groups – might achieve their individual and collective goals more effectively based on lessons from the public lands setting.
The Regime for the Protection of Specific Areas of the EEZ for Environmental Reasons Under International Law
Author: Thomas Dux
Publisher: LIT Verlag Münster
This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)
Author: Division on Engineering and Physical Sciences
Publisher: National Academies Press
America's ocean and coastal regions--which provide wildlife habitat, commercial fish stocks, mineral reserves, travelways, recreation, and more--are under increasing pressure as more and more people exploit marine resources, leaving environmental damage in their wake. Striking a Balance responds to the urgency for sound decisionmaking in the management of marine resources. An expert committee proposes principles, goals, and a framework for marine area governance, including new governance structures at the federal and regional levels and improvements for existing governing and regulatory systems. Recommendations include using tools--such as zoning and liability--for resolving conflicts between users, controlling access to marine resources, and enforcing regulations. The book describes the wide-ranging nature and value of marine resources, evaluates their current management, and explores three in-depth case studies. It also touches on the implications of newer, more flexible, less hierarchical approaches to organizational behavior. Striking a Balance will be of interest to everyone concerned about marine resource management, especially federal and state marine managers and regulators, marine scientists and policy analysts, companies and organizations with interests in marine and coastal resources, and advocacy groups.
Gauging the Legal and Policy Currents in the Asia Pacific and Beyond
Author: Robin Warner
Publisher: Edward Elgar Publishing
Climate Change and the Oceans investigates the effects of climate change on the ocean environment and its implications for maritime activities, both globally and within the Asia Pacific region. This detailed work draws together informed opinion from a range of disciplines to examine the impacts of climate change on marine and coastal areas and review legal and policy responses to the rapidly changing ocean environment. Issues including the effects on fisheries and marine biodiversity in the Asia Pacific region, maritime security, global shipping, marine jurisdiction and marine geo-engineering are also explored. Examining the multiple impacts of climate change on the oceans and ocean based solutions to mitigate the adverse impacts of climate change, this thought-provoking book will prove invaluable to academics, researchers and students in the fields of law, environment, ecology and political science. Oceans and marine environmental policymakers will also find this to be an essential resource.
This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.