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International Law and Marine Areas beyond National Jurisdiction: Reflections on Justice, Space, Knowledge and Power

Edited by: Vito De Lucia, Alex Oude Elferink, Lan Ngoc Nguyen

ISBN13: 9789004506350
Published: January 2022
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: Price on Application



The legal regime of marine areas beyond national jurisdiction (ABNJ) has received much attention in the last decades. The ongoing process in regards of an agreement on the conservation and sustainable use of marine biodiversity in ABNJ, initiated in the early 2000s (BBNJ process) is crucial evidence of this. However, this process reflects entrenched interests and political and legal structures, muting other voices and alternative approaches. International Law and Marine Areas beyond National Jurisdiction investigates competing constructions of ABNJ and their role in the creation and articulations of legal principles, which provides a broader perspective on the BBNJ process.

Subjects:
Shipping, Transport and Maritime Law
Contents:
Acknowledgments and Preface
List of Figures and Tables
Table of Acronyms
Notes on Contributors
Table of Cases
Table of Treaties
1. Areas beyond National Jurisdiction – Looking at and beyond the bbnj Process
Alex Oude Elferink, Vito De Lucia and Lan Ngoc Nguyen
2. Ocean Commons and an ‘Ethological’ Nomos of the Sea
Vito De Lucia
3. The Nature of Legal Relations between States under the Proposed bbnj Agreement
Nigel Bankes
4. Mapping Key Past and Current Debate on Areas beyond National Jurisdiction
Tore Henriksen
5. Principled Challenges Between Collective Interest and Individual Freedom
Lan Ngoc Nguyen
6. Thinking about Ocean Governance By Whom, for Whom?
Margherita Poto
7. Finding a Home for bbnj – The cbd, the losc, and the General Assembly Complementary Alternatives?
Alex Oude Elferink and Baine Kerr
8. Protecting the Environment of abnj through Marine Protected Areas and Area-based Management Tools Is the Glass Half Empty or Half Full and Whose Glass is It Anyway?
Alex Oude Elferink
9. The Relevance of the Human Right to Science for the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction A New Legally Binding Instrument to Support Co-Production of Ocean Knowledge Across Scales
Elisa Morgera
10. ‘The Construction of Ocean Space in Areas beyond National Jurisdiction A Fisheries Perspective’
Richard Barnes
11. Ships in ABNJ – Broadening Jurisdictional Opportunities for Non-flag States
Henrik Ringbom
12. Imagining a Polycentric Institutional Governance for Marine Areas beyond National Jurisdiction
Kristine Kraabel
13. Dispute Settlement in Areas beyond National Jurisdiction
Joanna Mossop
14. The Legal Regime of Areas beyond National Jurisdiction Viewed through the Lenses of Power, Knowledge, Justice and Space
Lan Ngoc Nguyen, Alex Oude Elferink and Vito De Lucia

Index