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The Law of the Sea and Climate Change: Solutions and Constraints

Edited by: Elise Johansen, Signe Busch, Ingvild Ulrikke Jakobsen

ISBN13: 9781108842266
Published: December 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.

  • Presents and explains the interrelationship and interaction between the law of the sea and the United Nations climate regime in a systematic and accessible way
  • Provides examples from various sectors facing regulatory challenges and presents possibilities for the law of the sea as a result of climate change
  • Contributes to the development of the modern law of the sea and offers suggestions and solutions to how legal regulation can respond to new and pressing challenges

Subjects:
Shipping, Transport and Maritime Law, Environmental Law
Contents:
1. The Role of the Oceans in Regulating the Earth's Climate: Legal Perspectives
Elise Johansen
2. Climate Change and the Anthropocene: Implications For the Development of the Law of the Sea
Davor Vidas, Jan Zalasiewicz, Mark Williams and Colin Summerhayes
3. Mitigation and Adaptation
Robin Kundis Craig
4. Protecting the Marine Environment from Climate Change: the LOSC Part XII Regime
Alan Boyle
5. Ocean Acidification
Karen N. Scott
6. Regulating Greenhouse Gases from Ships: Some Light at the End of the Funnel?
Henrik Ringbom
7. Carbon Capture and Storage and the Law of the Sea
Nigel Bankes
8. Ocean Fertilization
Elise Johansen
9. Offshore Renewable Energy and the Law of the Sea
Maria Madalena des Neves
10. Marine Protected Areas and Climate Change
Ingvild Ulrikke Jakobsen
11. Integrating Climate Change in International Fisheries Law
Erik J. Molenaar
12. Adaptation of Aquaculture to Climate Change: The Relevance of Temporal International Framework from a Norwegian Perspective
Irene Dahl
13. Law of the Sea Responses to Sea-Level Rise and Threatened Maritime Entitlements: Applying an Exception Rule to Manage an Exceptional Situation
Signe Veierud Busch
14. Integrating Climate Change in the Governance of Areas Beyond National Jurisdiction
Christian Prip
15. The Law of the Sea and its Institutions: Today's Hermeneutic Approach and some Suggestions for an Ocean-centred Governance Model
Margherita Paola Poto
16. The Law of the Sea as Part of the Climate Change Regime Complex
Ingvild Ulrikke Jakobsen, Elise Johansen and Philipp. P. Nickels