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Author: Dawoon Jung Publisher: BRILL ISBN: 9004508759 Category : Law Languages : en Pages : 220
Book Description
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
Author: Dawoon Jung Publisher: BRILL ISBN: 9004508759 Category : Law Languages : en Pages : 220
Book Description
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
Author: Robin Warner Publisher: Routledge ISBN: 113449954X Category : Law Languages : en Pages : 543
Book Description
With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world’s foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: • International Law Considerations in Maritime Regulation and Enforcement • Role of States and other International Actors in Maritime Regulation and Enforcement • Regulation and Enforcement in Different Maritime Sectors • Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.
Author: Myron H. Nordquist Publisher: Martinus Nijhoff Publishers ISBN: 9004256849 Category : Law Languages : en Pages : 392
Book Description
The lack of international conventional law governing the operational aspects of continental shelf activity may be characterized as unfinished business of the UN Convention on the Law of the Sea. The Convention, adopted in 1982, generally addressed the issue but did not consider more detailed development of the legal regime for the continental shelf. In The Regulation of Continental Shelf Development: Rethinking International Standards, leading experts from around the world identify and explore a multitude of unresolved legal concerns related to the continental shelf. The current state of continental shelf activities is explored through the following lenses: • Contemporary uses, including an overview on offshore wind energy in the EU, an analysis of the use of submarine cables under UNCLOS, and a discussion of the varied potential for mining marine materials; • Emerging challenges, such as ISA seabed mining standards, the recent ITLOS decision regarding the Bay of Bengal, and the role of the IMO in establishing safety standards for transboundary effects of oil pollution for offshore platforms; • Comparative best practices in environmental regulation; • Probabilistic risk assessment, with a thorough definition of PRA and a critical examination of continental shelf disasters; • Decommissioning offshore installations and structures, including an overview of the global regime as particularly provided in Articles 60(3) and 80 of UNCLOS; • Liability and compensation; and finally, • Unfinished business on UNCLOS III. The varied voices of experts collected within The Regulation of Continental Shelf Development: Rethinking International Standards offer a timely understanding of past, present, and future issues related to the continental shelf. The volume is a must-read for all those interested in environmental law and the law of the sea.
Author: Catherine Banet Publisher: BRILL ISBN: 9004391568 Category : Law Languages : en Pages : 637
Book Description
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Author: Gregory Jones KC Publisher: Bloomsbury Publishing ISBN: 1782255532 Category : Law Languages : en Pages : 415
Book Description
The Strategic Environmental Assessment Directive (Directive 2001/42/EC) (SEA Directive) has been a lurking legal presence in EU and UK environmental law. Now, just over a decade since its implementation, the impacts of the SEA Directive are beginning to be felt throughout the UK, and more broadly throughout the European Union as a whole. These developments have been driven both by the expansive interpretation of the Directive's scope by the Court of Justice of the European Union and by a slow learning process about how this new type of regulation should be legally interpreted and applied. This edited collection is the first volume to reflect comprehensively on the emerging legal identity of SEA in the EU and UK. With contributions addressing the impact of the SEA Directive on the fields of town and country planning and European environmental law, the book is a comprehensive analysis of all aspects of the Directive, from its history and scope, to its impact on governmental policy and its implications in practice. The volume both reflects on key cases such as Case C-567/10 Inter-Environnement Bruxelles and HS2, and looks forward, as it considers and projects future legal implications of the SEA Directive. Written by a blend of distinguished academics and leading practitioners, it provides an in-depth critique and rounded appreciation of both the immediate practical effects of SEA and its wider impact on European and UK environmental law.
Author: Erika Techera Publisher: Taylor & Francis ISBN: 1040226736 Category : History Languages : en Pages : 252
Book Description
This book introduces non-specialist readers to the history of how human societies have sought to control, use and exploit our oceans, seas and shorelines over time in different geographical and cultural contexts. The Unruly Ocean examines the development of the modern international legal regime – the law of the sea, maritime law, marine environmental and pollution law, fisheries regulation, and underwater cultural heritage law – and considers how effective these laws have been in addressing the many challenges facing marine and coastal environments ranging from piracy and war to oil spills and the extraction of marine resources. It concludes by discussing the socio-ecological crises facing the world’s oceans, seas and shorelines, and explores current ideas for reimagining a legal regime that restores the health of our oceanic realm and offers a more holistic, transboundary, rights-based approach to ocean governance. This book will be of value to law and non-law undergraduate and postgraduate students, as well as research scholars and other educated audiences interested in a legal history of the world’s oceans, seas and shorelines.
Author: Patricia Park Publisher: CRC Press ISBN: 1439870969 Category : Business & Economics Languages : en Pages : 407
Book Description
This completely revised edition of Energy Law and the Environment has greatly expanded its scope to explore how international law engages with multinational companies regarding energy sources, ownership of those resources, and state sovereignty. Written for all the players in the energy sector, lawyers and non-lawyers alike, this second edition has been aptly renamed International Law for Energy and the Environment. It considers issues of energy sector regulation related to economics and protection of intellectual property associated with development of technologies for mitigating environmentally damaging emissions. The book is divided into three sections that build upon each other. Section I addresses the interrelationship between international law, environmental law, and the energy sector. It covers regulatory theory within an economic context; the regulation of multinational companies with regard to international regulation and state rules; and trade, competition, and environmental law in the energy sector. Section II examines the regulation of the various energy sectors—oil, gas, and nuclear—and how international law affects them and their ownership, risk, and liability. Section III considers some of the main energy producer/user jurisdictions where energy companies operate, including more developed systems around the world, such as the United States, the European Union, the United Kingdom, Norway, and Australia as well as two major emerging economies, namely, India and China. The final chapter reviews the material presented in the book, drawing conclusions about the current state of environmental regulation in the energy sector and identifying potential future developments.
Author: Gemma Andreone Publisher: Springer ISBN: 3319512749 Category : Law Languages : en Pages : 278
Book Description
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Author: Catherine Banet Publisher: ISBN: 9789004391550 Category : LAW Languages : en Pages : 0
Book Description
Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.
Author: Dawoon Jung
Author: Dawoon Jung
Author: Robin Warner
Author: Myron H. Nordquist
Author: Catherine Banet
Author: Gregory Jones KC
Author: Elise Johansen
Author: Erika Techera
Author: Patricia Park
Author: Gemma Andreone
Author: Catherine Banet