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Unconventional Lawmaking in the Law of the Sea Natalie Klein

Name: Unconventional Lawmaking in the Law of the Sea Natalie Klein
SKU: EB-46592260
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Unconventional Lawmaking in the Law of the Sea Natalie Klein Digital Instant Download

Author(s): Natalie Klein

ISBN(s): 9780192897824, 0192897829

File Details: PDF, 42.83 MB

Year: 2022

Language: English

SKU: EB-46592260 Category: Law Tags: Law of the Sea, Natalie Klein, Unconventional Lawmaking

Description

Unconventional Lawmaking in the Law of the Sea – Ebook Instant Download/Delivery ISBN(s): 9780192897824,0192897829,9780192652591, 0192652591

Product details:

ISBN 10: 0192652591
ISBN 13:9780192652591
Author:Natalie Klein

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This ‘soft law’ or ‘informal law’ is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

Table contents:

1. Meaning, Scope, and Significance of Informal Lawmaking in the Law of the Sea

2. The San Remo Manual on the Law of Naval Warfare—from Restatement to Development?

3. Piracy off the Coast of Somalia and the Role of Informal Lawmaking

4. Informal Lawmaking in Maritime Migration

5. Unconventional Lawmaking and International Cooperation on Illegal Bunkering at Sea

6. Unconventional Lawmaking in the Compliance Mechanism for the International Regulation of Shipping

7. Unconventional Law for Unconventional Ships? The Role of Informal Law in the International Maritime Organization’s Quest to Regulate Maritime Autonomous Surface Ships

8. The Use of Informal Agreements to Enhance Navigational Safety

9. Unconventional Lawmaking in the Offshore Energy Sector: Flexibilities and Weaknesses of the International Legal Framework

10. Formal and Informal Lawmaking by the International Seabed Authority: An Artificial Distinction?

11. The Significance of Informal Lawmaking in International Fisheries Law

12. Marine Scientific Research and Informal Lawmaking

13. The Role of Informal Lawmaking in Facilitating Marine Technology Transfer and Data Sharing

14. The Sustainable Development Goals and Informal Lawmaking Processes: How a Voluntary Initiative Sets International Standards for Governments and the Private Sector

15. Informal International Lawmaking as a Panacea in the Absence of Regime Focus? Marine Debris, Plastics, and Microplastics

16. Unconventional Lawmaking in the Law of the Sea and Area-based Conservation Measures

17. Sea Level Rise and the Law of the Sea: Filling the Legal Gaps through Informal Lawmaking

18. Informal Lawmaking and the Future of the Law of the Sea: Developing Legal Infrastructure and Regulating Human Activity

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