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The Oxford Handbook of the Law of the Sea

The Oxford Handbook of the Law of the Sea

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198715481
  • 出版时间 March 2015
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9780198806257
¥1,997.50
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law.

    The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development.

    This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts.

    First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea.

    The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea.

    It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

  • PART I: INTRODUCTION
    1. Historical Development of the Law of the Sea
    2. The 1982 United Nations Convention on the Law of the Sea

    PART II: THE MARITIME DOMAIN: BOUNDARIES AND ZONES
    3. Baselines
    4. The Territorial Sea and Contiguous Zone
    5. International Straits
    6. Archipelagic Waters
    7. The Exclusive Economic Zone
    8. The Continental Shelf
    9. The High Seas
    10. The Deep Seabed
    11. Maritime Boundary Delimitation

    PART III: ACTORS AND INSTITUTIONS
    12. Coastal and Port States
    13. Flag States
    14. Disadvantaged States
    15. The United Nations
    16. Law of the Sea Convention Institutions
    17. Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals
    18. The International Maritime Organization
    19. Regional Fisheries Management Organisations

    PART IV: CONTROL, MANAGEMENT AND REGULATION
    20. Integrated Oceans Management
    21. Marine Living Resource Management
    22. Non-Living Resource Management
    23. Navigational Rights and Freedoms
    24. Marine Scientific Research
    25. Maritime Security

    PART V: DISTINCTIVE MARINE REGIONS
    26. The Mediterranean Sea
    27. The South China Sea
    28. The North East Atlantic (North Sea, OSPAR area)
    29. The Caribbean Sea
    30. The Indian Ocean
    31. The Polar Oceans

    PART VI: CRITICAL CONTEMPORARY ISSUES
    32. Creeping Jurisdiction
    33. Areas Beyond National Jurisdiction
    34. Climate Change and Ocean Acidification
    35. Threatened Species and Vulnerable Marine Ecosystems
    36. Bioprospecting
    37. Piracy
    38. Military Operations
    39. Law of the Sea and Regime Interaction
    40. The Future of the Law of the Sea

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