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.
Table of Contents
Part A: International Law Considerations in Maritime Regulation and Enforcement 1. A Zonal Approach to Maritime Regulation and Enforcement, Stuart Kaye 2. The High Seas Regime. A Model of Self Regulation?, Robin Warner 3. The Use of Force, Cameron Moore Part B: Role of States and other International Actors in Maritime Regulation and Enforcement 4. The Role of Flag States in Maritime Regulation and Enforcement, Sam Bateman 5. The Role of Coastal States in Maritime Regulation and Enforcement, Lowell Bautista 6. The Role of Port States in Maritime Regulation and Enforcement, Rosemary Rayfuse 7. The Role of Global Organizations in Maritime Regulation and Enforcement, Ashley Roach 8. The Role of Regional Organizations in Maritime Regulation and Enforcement, Kerry Tetzlaf 9. The Role of Courts and Tribunals in Maritime Regulation and Enforcement, Dale Stephens Part C: Regulation and Enforcement in Different Maritime Sectors 10. Fisheries Enforcement and the Concepts of Compliance and Monitoring, Control and Surveillance, Mary Ann Palma-Robles 11. Shipping – Safety of Life at Sea, Anthony Morrison 12. Shipping – Vessel Source Pollution, Erik J. Molenaar 13. Regulation of Offshore Hydrocarbon Exploration and Exploitation under International Law, Youna Lyons 14. The Regulation of Marine Scientific Research: Addressing challenges, advancing knowledge, Harriet Harden Davies 15. Deep Seabed Mining: Key Obligations in the Emerging Regulation of Exploration and Development in the Pacific, Robert Makgill and Ana P. Linhares 16. Transnational Crime, Douglas Guilfoyle 17. Combating Piracy and Armed Robbery at Sea: From Somalia to the Gulf of Guinea, Clive Schofield and Kamal Deen Ali Part D: Current Issues and Future Challenges 18. Regulation of Marine Renewable Energy, Anne Marie O’Hagan 19. The Potential to Regulate Bioprospecting for Marine Genetic Resources: Two Case Studies, Julia Jabour 20. Ocean Acidification: Scientific Surges, Lagging Law and Policy Responses, David Vanderzwaag and Katja Fennel 21. Use of Technology in Maritime Regulation and Enforcement, Chris Rahman 22. Cooperative Maritime Surveillance and Enforcement, Warwick Gullett and Yubing Shi 23. Developing New Regulatory Paradigms for the Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction, Robin Warner
Robin Warner is Professor at the Australian National Centre for Ocean Resources and Security. She was formerly the Assistant Secretary of the International Crime Branch of the Criminal Justice Division in the Commonwealth Attorney General’s Department from 2002 to 2006. Previously she served with the Royal Australian Navy as a legal officer.
Stuart Kaye is Director and Professor of Law within the Australian National Centre for Ocean Resources and Security (ANCORS) at eh University of Wollongong. He was formerly the Dean of Law at the University of Western Australia having been appointed Winthrop Professor of Law in July 2010. He held a Chair in Law at the University of Melbourne from 2006 to 2010 and was Dean and Professor of Law at the University of Wollongong between 2002 and 2006.