Author: Donald C. Baur,Tim Eichenberg,Georgia Hancock Snusz,Michael Sutton
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.
This reference is built around the 1982 United Nations Convention on the law of the sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries and maritime boundaries.
"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
Gauging the Legal and Policy Currents in the Asia Pacific and Beyond
Author: Robin Warner,Clive H. Schofield
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.
United States. National Oceanic and Atmospheric Administration. Office of Sea Grant
Publisher: Martinus Nijhoff Publishers / Brill Academic Publi
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the "Ocean Yearbook" provides information in one convenient resource. As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key legal and policy instruments and an annually updated global directory of ocean-related organizations. The Yearbook is a collaborative initiative of the International Ocean Institute (www.ioinst.org) in Malta and the Marine & Environmental Law Institute (www.dal.ca/law/MELAW) at Dalhousie Law School.
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)
An Introduction to Governance and International Law of the Oceans
Author: Mark Zacharias
This textbook provides the reader with a foundation in policy development and analysis and describes how policy, including legal mechanisms, is applied to marine environments around the world. It offers a systematic treatment of all aspects of marine policy, including environmental protection, fisheries, transportation, energy, mining and climate change. It starts with a biophysical overview of the structure and function of the marine environment with a particular emphasis on the challenges and opportunities of managing the marine environment. An overview of the creation and function of international law is then provided with a focus on international marine law. It explores the geographic and jurisdictional dimensions of marine policy, as well the current and anticipated challenges facing marine systems, including climate change-related impacts and resource over-exploitation. The book should appeal to senior undergraduate and graduate students and form a core part of the curriculum for marine affairs, science and policy courses. It will also provide supplementary reading for students taking a course in the law of the oceans, but is not aimed at legal specialists.
Division on Engineering and Physical Sciences,Commission on Engineering and Technical Systems,Marine Board
Author: Division on Engineering and Physical Sciences,Commission on Engineering and Technical Systems,Marine Board
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.
Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
The United States is about to embark on the most thorough reconsideration of its ocean policy in more than three decades. With 1998 designated as the International Year of the Ocean by the United Nations, and with both the executive branch and the Congress currently working toward developing new approaches to formulating and implementing ocean policy, a comprehensive overview of key issues and concerns is essential.The Future of U.S. Ocean Policy provides such an overview, with an in-depth analysis of the evolution of U.S. ocean policy and a timely discussion of the most important ocean and coastal issues facing the nation. The book assesses the current status of ocean policy, examines national and international trends, and considers choices for policymakers in the 21st century. Following an introductory chapter that reviews national ocean policy and the process by which it is made, the authors: review the history of development of U.S. ocean and coastal policy examine the major ocean laws enacted in the 1970s and review and assess their record of implementation examine factors that will affect U.S. ocean policy in the coming decade discuss the need to make policy more coherent, and to develop institutional mechanisms that can foster more effective guidance and oversight present a set of policy options for improving U.S. ocean policyThe Future of U.S. Ocean Policy is the only recent book that focuses on national ocean policy in its entirety, and will play an important role in upcoming debates concerning the future direction of policy initiatives. Agency personnel, members and staff of nongovernmental organizations, industry groups, Congressional staffers, state and local government officials, academics, and concerned citizens will find the book an invaluable guide, as will students and faculty in courses in marine and coastal management and in environmental management.
The experiences of Canada and Australia provide useful lessons for other states grappling with the need to develop integrated approaches to managing their ocean and coastal resources. Canada and Australia have two of the largest maritime jurisdictions in the world and are extremely conscious of their responsibility and obligations for ocean governance. Both nations are addressing similar oceanic challenges, yet approaching policy development and implementation in different ways. This valuable study traces the implementation of these important global maritime regimes and provides a spectrum of viewpoints on key facets of ocean law and policy developments and constraints in these federal, western middle-power nations. Oceans Law and Policy in the Post-UNCED Era is the result of an ongoing research project by the Australia Canada Ocean Research Network (ACORN). It brings together papers from leading experts in this field, and, in taking a comparative approach, is a major contribution.
Devoted to assessing the state of ocean and coastal governance and knowledge, the Ocean Yearbook is an initiative of the International Ocean Institute in Malta and the Marine & Environmental Law Institute at Dalhousie Law School.
How can we best protect the polar marine environment against pollution? Leading scholars on environmental law, the law of the sea, and Arctic and Antarctic affairs here examine this important question. To what extent do existing global instruments of environmental protection apply to the Arctic Ocean and the Southern Ocean? Can the arrangements adopted at regional, sub-regional and national levels provide adequate protection? This book examines and compares various levels of regulation in protecting the marine environment of the Arctic and Antarctic, with specific attention to land-based activities, radioactive waste dumping, and shipping in ice-covered waters. Developments since the establishment of the Arctic Council in 1996 and the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998 are also discussed. This is a volume that will appeal to polar specialists and to all those interested in environmental law and policy.
University of Virginia. Center for Oceans Law and Policy. Conference