Martinus Nijhoff Online

 Law, Technology and Science for Oceans in Globalisation: IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf

Contents

• • Preliminary Material (i-xxxiv)   (693K)
    • Jump to section:
    • List Of Acronyms And Abbreviations
    • List Of Figures
    • List Of Tables
    • Notes On Contributors
    • Preface
    • Acknowledgements
  • Responsibility For The Seas (1-40) by Davor Vidas   (914K)
    • Jump to section:
    • Oceans In The Anthropocene
    • The World Ocean – From Grotius To Globalisation
    • Responsibility For The Seas: Facing Prospects Of Mare Crisium
    • Some Remarks On The Outlook: Knowledge, Perspectives, Consciousness, Ability
  • The Development Of The Law Of The Sea Since The Adoption Of The UN Convention On The Law Of The Sea: Achievements And Challenges For The Future (41-58) by Tullio Treves   (694K)
    • Jump to section:
    • A Treaty-Based Law And The Changed Role Of Customary Law
    • An Institutionalised Law Of The Sea
    • A Law Of The Sea Under The Jurisdiction Of International Courts And Tribunals
    • A Law Of The Sea That Can Adapt To New Needs
    • The Los Convention And The New Challenges Of The Law Of The Sea
    • Concluding Remarks
  • Major Challenges Of Globalisation For Seas And Oceans: Legal Aspects (59-74) by Vladimir Golitsyn   (666K)
    • Jump to section:
    • Climate Change And The World Ocean
    • Other Major Challenges
    • Ecosystem-Based Management
    • Peace And Security In The World Ocean: Delineating The Outer Limits Of The Continental Shelf
  • Occupying The High Ground: Technology And The War On IUU Fishing (75-100) by Denzil G.M. Miller   (1M)
    • Jump to section:
    • The What, Where And Why Of IUU Fishing Activities
    • IUU Fishing And Monitoring, Control And Surveillance
    • Concluding Remarks
  • Monitoring, Control And Surveillance Tools To Detect IUU Fishing And Related Activities (101-108) by Michele Kuruc   (594K)
    • Jump to section:
    • Extent Of The Problem
    • Understanding The Scope Of IUU Activity
    • Tools For Monitoring, Control And Surveillance
    • The Key Role Of Cooperation
  • Combating IUU Fishing: Interaction Of Global And Regional Initiatives (109-130) by Terje Lobach   (747K)
    • Jump to section:
    • Flag-State Duties
    • Port-State Schemes
    • Other Tools
    • Next Steps
  • FAO Action To Combat IUU Fishing: Scope Of Initiatives And Constraints On Implementation (131-156) by David J. Doulman   (788K)
    • Jump to section:
    • Background
    • Scope Of FAO Initiatives To Combat IUU Fishing
    • Constraints On Implementation
    • Capacity Building To Combat IUU Fishing
    • Conclusion
  • Developing A Model For Improved Governance By Regional Fisheries Management Organisations (157-174) by Michael W. Lodge   (672K)
    • Jump to section:
    • A Brief History Of International Cooperation Through Regional Fisheries Management Organisations
    • RFMO As The Paradigm For Improved Conservation And Management Of Fisheries
    • The Need To Improve RFMO Performance
    • The Chatham House Independent Panel
    • Where Did The Analysis Lead?
    • How Can Best Practice Be Used To Support Reform?
  • IUU Fishing In Antarctic Waters: CCAMLR Actions And Regulations (175-196) by Denzil G.M. Miller, Natasha Slicer and Eugene N. Sabourenkov   (918K)
    • Jump to section:
    • History Of IUU Fishing For Toothfish In The Convention Area
    • Jurisdictional Issues
    • CCAMLR’s Management Of IUU Fishing For Toothfish
    • Effectiveness Of CCAMLR In Combating IUU Fishing
    • Conclusions
  • Using Technology In Combating IUU Fishing: The Potential Of Satellite Remote Sensing (197-210) by Neil Ansell, David Ardill and Harm Greidanus   (1M)
    • Jump to section:
    • IUU Fishing In The Western Indian Ocean
    • Technology Available To Detect IUU Fishing
    • Methodology For Estimating IUU Fishing
    • Findings Of The Study
    • Conclusions And Outlook For The Future
  • Illegal Oil Spills From Ships: Monitoring By Remote Sensing (211-230) by Olaf Trieschmann   (875K)
    • Jump to section:
    • Background
    • Techniques And Methodologies For Detecting And Monitoring Oil Spills
    • Operational Surveillance Activities In Europe
    • Outlook For The Future
    • Conclusion
  • Monitoring Oil Pollution From Ships: Experiences From The Northern Baltic Practice (231-244) by Kati Tahvonen   (894K)
    • Jump to section:
    • The Baltic Sea – A Sensitive Sea Area
    • Regulations Governing Shipping In The Baltic Sea
    • Oil Pollution Monitoring In The Baltic Sea
    • Oil Pollution Monitoring In Finland
    • Conclusion
  • Illegal Oil Discharges From Ships And Implementation Failures In The International Convention System (245-268) by Z. Oya Özçayır   (748K)
    • Jump to section:
    • Marine Pollution And Oil Discharges
    • International Response
    • International Conventions On Prevention Of Marine Pollution
    • MARPOL 73/78
    • Special Areas
    • Port Reception Facilities
    • Ratification And Implementation Of International Conventions
    • Instruments For The Effective Implementation Of IMO Conventions
    • Implementation Of MARPOL
    • Conclusions
  • United States Criminal Enforcement Of Deliberate Vessel Pollution: A Document-Based Approach To MARPOL (269-290) by Richard A. Udell   (696K)
    • Jump to section:
    • Background
    • Motives
    • Criminal Investigation
    • Criminal Prosecution
    • Evolution Of Detection Methodology
    • US Legal Approach – Theory Of Prosecution
    • Enforcement Outcomes
    • Conclusions
  • The EU Ship-Source Pollution Directive And Recent Expansions Of Coastal State Jurisdiction (291-306) by Alan Khee-Jin Tan   (667K)
    • Jump to section:
    • Issues
    • Analysis
    • Australia
    • Conclusion
  • Is The UN Convention On The Law Of The Sea The Legal Framework For All Activities In The Sea? The Case Of Bioprospecting (307-318) by Tullio Scovazzi   (608K)
    • Jump to section:
    • A Commonly Repeated Statement
    • Current Discussions On A Future Regime
    • An Interesting Way To Fill A Gap
    • The Great Strength Of Banalities
  • Regulating Uses Of Marine Biodiversity On The Outer Continental Shelf (319-338) by Joanna Mossop   (703K)
    • Jump to section:
    • Coastal-State Rights To Regulate Uses Of Marine Biodiversity On The Outer Continental Shelf
    • The Intersection Between The High Seas And Continental Shelf Regimes
    • Conclusion
  • Some Reflections On Bioprospecting In The Polar Regions (339-352) by Harlan Cohen   (666K)
    • Jump to section:
    • Bioprospecting In The Arctic And The Antarctic
    • The Los Convention And Areas Under Sovereign Rights
    • Bioprospecting In Areas Beyond National Jurisdiction And Issues For Polar Regions
  • International Law And The Genetic Resources Of The Deep Sea (353-370) by David Leary   (710K)
    • Jump to section:
    • Does Commercial Interest In Deep Sea Genetic Resources Justify A New Protocol To The Convention?
    • Why Has The Debate Emerged? What Is The Issue For International Law To Address?
    • Conclusion
  • Exploiting Marine Genetic Resources Beyond National Jurisdiction And The International Protection Of Intellectual Property Rights: Can They Coexist? (371-382) by Richard J. McLaughlin   (625K)
    • Jump to section:
    • Deep-Seabed Marine Genetic Resources And Their Uses
    • International Legal Regime And Concerns About MGR Benefit Sharing
    • International Intellectual Property Rights
    • Increased Global IPR Protections Under Trips
    • Is Common Heritage Designation The Answer?
    • Compromise Through An International Royalty Mechanism Using Los Convention Article 82 As A Model
    • Conclusion
  • Marine Genetic Resources In Areas Beyond National Jurisdiction And Intellectual Property Rights (383-396) by Salvatore Arico   (674K)
    • Jump to section:
    • Issues Related To Intellectual Property In Relation To Marine Genetic Resources
    • Discrepancies Between IPR And Practice
    • Concluding Remarks
    • Suggested Next Steps
  • Evolving Perspectives On The International Seabed Area's Genetic Resources: Fifteen Years After The 'Deepest Of Ironies' (397-420) by Lyle Glowka   (721K)
    • Jump to section:
    • The Deepest Of Ironies: The Original Proposal
    • Important Achievements, Trends And Lessons Learned From Other Fora
    • Working Towards A Meaningful Conclusion
    • Conclusion
  • A Note On Submissions And Preliminary Information On The Continental Shelf Beyond 200 Nautical Miles (421-428) by Davor Vidas   (700K)
  • The Continental Shelf Beyond 200 Nautical Miles – A Crucial Element In The 'Package Deal': Historic Background And Implications For Today (429-448) by Carl August Fleischer   (704K)
    • Jump to section:
    • Obstacles To Coastal-State Rights To Outer Continental Shelf In The Early Phase Of UNCLOS III
    • Acceptance Of The New Regime
    • The Outcome And Its Importance
    • Relevance For The Arctic
    • The Need To Apply The Los Convention Scrupulously
  • The Work Of The Commission On The Limits Of The Continental Shelf (449-476) by Vladimir Jares   (781K)
    • Jump to section:
    • The Commission On The Limits Of The Continental Shelf
    • Basic Documents Of The Commission
    • Status Of Submissions
    • Consideration Of Submissions And Recommendations By The Commission, 2002–2008
    • Issues Of Scientific And Technical Nature Not Covered By The Scientific And Technical Guidelines
    • Interaction Between The Commission And States
    • Interaction Between The Commission And Other Bodies
    • Concluding Remarks
  • Submissions On The Outer Limit Of The Continental Shelf: Practice To Date And Some Issues Of Debate (477-498) by Frida M. Armas-Pfirter   (739K)
    • Jump to section:
    • Area Covered By The Submissions
    • Disputes
    • Some Notes Not Related To Sovereignty Problems
    • Special Situation Of Antarctica
    • Ten-Year Deadline
    • Exploitation
    • Consideration Of The Submissions
    • Possibility Of Adding Or Changing Submitted Data
    • Confidentiality
    • Conclusions
  • The Outer Continental Shelf In The Arctic Ocean: Legal Framework And Recent Developments (499-520) by Ted L. McDorman   (738K)
    • Jump to section:
    • Scramble In The Arctic Ocean Seabed?
    • The Law Of The Sea Framework For The Continental Shelf Beyond 200 Nautical Miles
    • Central Arctic Coastal States And The Outer Continental Shelf
    • Conclusion
  • Towards Setting The Outer Limits Of The Continental Shelf In The Arctic: On The Norwegian Submission And Recommendations Of The Commission (521-538) by Øystein Jensen   (836K)
    • Jump to section:
    • The Commission’s Consideration Of The Norwegian Submission
    • Recommendations Of The Commission
    • Interests And Reactions Of Other States: Pending Maritime Delimitations And Disputed Marine Areas
    • Concluding Remarks
  • The Outer Continental Shelf In The Asia-Pacific Region: Progress And Prospects (539-576) by Clive Schofield, Andi Arsana and Robert Van De Poll   (1M)
    • Jump to section:
    • Submissions In The Asia-Pacific Region On Which Recommendations Have Been Made By The Commission
    • Submissions On Which Recommendations Are Currently Pending
    • Submissions Of Preliminary Information
    • Overlaps Between Submissions
    • Conclusions
  • The Outer Continental Shelf And South American Coastal States (577-590) by Maria Teresa Infante   (624K)
    • Jump to section:
    • Submissions
    • Preliminary Information
    • A Non-Party State
  • Index Of Treaties And Other International Instruments (591-596)   (625K)
  • Subject Index (597-610)   (766K)