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Books on the topic 'Jurisdiction of Mariana'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Woolley, F. Ross. The impact of smoking in the U.S. Pacific jurisdictions of American Samoa and Commonwealth of the Northern Mariana Islands: In partial fulfillment for the degree of, master of public health. Northern Mariana Islands: University of Hawaii, 1996.

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2

Papanicolopulu, Irini. The Scope of State Duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789390.003.0004.

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The chapter develops a conceptual framework within which to locate the principles determining the scope of State duties towards people at sea. Since scope is linked with the notion of jurisdiction, the chapter begins by providing a brief overview of what jurisdiction is often taken to mean in public international law and in human rights law, so as to dispense with some misconceptions and to provide a working understanding of the concept. It is then argued that jurisdiction under international law (de jure jurisdiction) in fact constitutes one facet of jurisdiction under human rights law, which also includes the de facto exercise of power by a State upon an individual (de facto jurisdiction). Applying these principles, the different hypotheses of State jurisdiction over a person at sea are discussed, taking into account the specificities of the marine environment. Cases of exclusive and priority jurisdiction are also presented.
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3

James, Harrison. 8 Environmental Regulation of Seabed Activities within and beyond National Jurisdiction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198707325.003.0008.

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Chapter 8 considers the regulation of seabed activities within and beyond national jurisdiction. First, the legal framework for seabed activities within national jurisdiction is examined, highlighting the central role played by coastal States, the basic rules that apply by virtue of UNCLOS, and the opportunities for supplementary global or regional rules to improve marine environmental protection. The chapter undertakes a case study of the development of rules and standards relating to the hydrocarbon industry. The chapter then turns to the regulation of seabed activities beyond national jurisdiction. In this context, UNCLOS confers significant legislative and enforcement powers on the International Seabed Authority, which acts on behalf of the international community to regulate deep-seabed mining. The chapter analyses the way in which environmental protection has been integrated into Regulations to date, and discusses future challenges remaining in this respect.
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4

Edward J, Goodwin. 35 Threatened Species and Vulnerable Marine Ecosystems. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0035.

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This chapter examines ‘threatened species’ and ‘vulnerable marine ecosystems’ (VME) in the law of the sea. It teases out the broad-spectrum responses of international law that tackle principal anthropogenic threats, including the want of jurisdiction over marine resources, unsustainable fisheries, pollution, and habitat conservation. It then extracts rules from within environmental treaties designed to catch emergency cases, where individual species are close to extinction or sites are being degraded and disturbed.
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5

Robin M, Warner. 33 Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0033.

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This chapter explores key normative features of the legal and institutional framework for areas beyond national jurisdiction (ABNJ) and their applicability to the conservation of marine biodiversity. It considers gaps and disconnects in that framework and global and regional initiatives to develop the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ. It suggests that the biodiversity conservation elements of any multilateral agreement adopted under the umbrella of the UN Nations Convention on the Law of the Sea (LOSC) should be designed to implement the spirit and intent of Part XII provisions of the LOSC, rather than radically changing the basic principles and inherent balance of the law of the sea.
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6

Robin, Warner. Part V Regional Perspectives on Global Ocean Governance, 15 The Australian and Antarctic Perspective on Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198824152.003.0015.

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This chapter examines issues of global ocean governance in Australia and Antarctica. It first provides an overview of Australia's law and policy framework for ocean governance as well as its maritime jurisdiction before discussing issues regarding management of rights and responsibilities on Australia's extended continental shelf. It then considers Australia's engagement with regional initiatives to conserve and sustainably use marine biodiversity, and the ways it addresses global and regional maritime security. In particular, it analyses the Australian Oceans Policy on maritime security and how it evolved in response to rising instances of ‘people-smuggling’ incidents to establish both national and regional policies against this practice. The chapter goes on to assess ocean governance in Antarctica, focusing on the Antarctic Treaty and the cooperation among its partners in the development of a comprehensive environmental protection regime which applies to marine areas both within and beyond national jurisdiction.
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7

Joanna, Mossop. 36 Marine Bioprospecting. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0036.

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Bioprospecting is the process of identifying unique characteristics of marine organisms for the purpose of developing them into commercially valuable products. This chapter explores the legal regime for bioprospecting. It identifies the legal rules that apply to bioprospecting and the issues that may require future development. It discusses the UN Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) before turning to the rules that apply to marine bioprospecting within and outside areas of national jurisdiction.
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8

Fernanda, Millicay. Part III Marine Biodiversity Conservation and Global Ocean Governance, 8 Marine Biodiversity of Areas Beyond National Jurisdiction: Securing a Sound Law of the Sea Instrument. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198824152.003.0008.

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This chapter examines the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). It first provides an overview of the Preparatory Committee (PrepCom), convened by the UN General Assembly to make recommendations on the elements for a possible future multilateral agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The material scope of the PrepCom is constituted by ‘the package’ agreed upon in 2011 and includes the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The chapter discusses the challenges of the package, focusing on two interlinked dimensions of the package plus the big issue that underlies it. It also considers two main tasks facing PrepCom: the first is to clearly identify all elements of each substantive set of issues composing the package, and the second task is to understand the implications of each element of these three substantive sets of issues and the inter-linkages between them.
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9

James, Harrison. 10 Towards Integrated Management of the Oceans at the International Level. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198707325.003.0010.

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The world’s oceans constitute a single, interconnected planetary system, and their effective protection, therefore, demands an integrated approach. Yet, the decentralized nature of the international legal order means that the challenges for coordination are immense. Chapter 10 explains the difficulties of developing a coherent and comprehensive legal framework for the protection of the marine environment, with a particular focus on the challenges of promoting multipurpose marine protected areas in light of the proliferation of sectoral regulatory regimes. The chapter then assesses the possible mechanisms for promoting coordination between relevant treaties. Both top-down global coordination of environmental protection and bottom-up cooperation are considered. The prospects for this issue to be addressed through the ongoing negotiations on a new legally binding instrument for the conservation of marine biodiversity in areas beyond national jurisdiction are also taken into account.
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10

James, Harrison. 2 The United Nations Convention on the Law of the Sea and the Protection and Preservation of the Marine Environment. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198707325.003.0002.

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Chapter 2 examines the way in which marine environmental protection is addressed in the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets out the jurisdictional framework for the law of the sea and prescribes general principles and rules relating to pollution of the marine environment and the sustainable use of marine living resources. The chapter considers the drafting history of UNCLOS. It explores the range of substantive and procedural rules on the protection of the marine environment, as well as how those provisions have been interpreted in recent judicial or arbitral proceedings. The chapter argues that UNCLOS provides a basic layer of protection for the marine environment but it also foresees the subsequent development of environmental rules and standards that are more detailed. Thus, UNCLOS should be understood as an umbrella convention that must read in light of other treaties and related instruments.
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11

Verheyen, Roda, and Cathrin Zengerling. International Dispute Settlement. Edited by Kevin R. Gray, Richard Tarasofsky, and Cinnamon Carlarne. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199684601.003.0019.

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This chapter discusses international dispute settlement in the context of climate change. It looks into where international disputes that relate to climate have been heard and those, such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), which have the potential to hear such disputes. As it forms as the backbone of the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC) is also analysed. The chapter gives special attention to the ITLOS as among its main potentials of becoming a forum for future climate change litigation are its jurisdiction on substantive international law with comparatively strong rules on use and protection of marine resources and the marine environment.
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12

Aldo, Chircop. 8 The IMO’s Work on Environmental Protection and Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823957.003.0008.

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This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.
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13

David M, Ong. Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 6 The Role of Maritime Boundary Delimitation and Related Co-operative Resource Regimes within Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198824152.003.0006.

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This chapter examines the role of maritime boundary delimitation and related co-operative resource regimes within global ocean governance. It first provides an overview of the history of international maritime boundary delimitation law before discussing the convergence between the drawing of simple jurisdictional demarcation lines and the construction of international ocean governance regimes, designed to fulfil marine resource management and environmental protection functions. It then considers the link between marine resource and environmental protection issues, along with the importance of natural resource factors in the evolution of international maritime delimitation law. It also looks at examples of maritime boundary-related co-operative resource regimes, including the 2010 Norway-Russia Maritime Boundary Delimitation treaty and the 2012 Mexico/United States Agreement on Transboundary Hydrocarbon Reservoirs. It concludes with a review of international maritime delimitation law and marine environmental protection as an aspect of ocean governance.
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14

Karen N, Scott. 21 Integrated Oceans Management: A New Frontier In Marine Environmental Protection. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0021.

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Integrated oceans management (IOM) is an attempt to respond to the deficiencies of a zonal/sectoral, fragmented approach to oceans governance and has been widely endorsed at national, regional, and global levels. This chapter explores IOM as a concept and assesses the extent to which it has been implemented at all levels of oceans governance. It identifies the key components of IOM, their relationship to one-another, and their role in supporting an integrated approach to oceans management. It assesses the applicability of IOM — both actual and potential — to areas beyond national jurisdiction (ABNJ). The chapter concludes with observations regarding the future development of IOM and its role in driving forward a new frontier in marine environmental protection and oceans governance more generally.
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15

Yongsheng, Cai. Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 2 Role of the International Seabed Authority in Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198824152.003.0002.

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This chapter examines the role of the International Seabed Authority (ISA) in global ocean governance. In particular, it highlights the assumption of ISA's explicit mandate for environmental protection as an integral aspect of its overall governance of the deep sea-bed ‘Area’ beyond national jurisdiction, especially following the 1994 Implementation Agreement to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This assumption is particularly significant given the fact that the ISA work programme has now progressed to the point where as of 31 January 2017, a total of twenty-six contracts for exploration had entered into force (sixteen for polymetallic nodules, six for polymetallic sulphides and four for cobalt-rich ferromanganese crusts). The chapter also discusses various activities undertaken in the Area, such as prospecting, exploration and exploitation of resources; marine scientific research; and benefit-sharing for exploitation on the outer continental shelf. Finally, it considers ISA's emphasis on the importance of international cooperation in implementing its mandates.
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16

Kriangsak, Kittichaisaree. The International Tribunal for the Law of the Sea. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865292.001.0001.

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The International Tribunal for the Law of the Sea (ITLOS) plays a central role as a dispute settlement mechanism for the international law of the sea. This book provides a unique insight into its inner workings exploring both its limitations and its unutilized potentials. New fields such as sea-level rise and the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction play important roles in the ever-expanding scope of the law of the sea. The book charts the evolution of ITLOS and the role it continues to play in international law. It introduces the reader to the historical and legal context for the discussion of ITLOS’s place within this dispute settlement regime, as well as its relationship and interaction with the other choices of dispute settlement mechanisms. It is an invaluable resource for law students, practising lawyers, judges, government and international officials, academics, and those interested in law of the sea.
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17

Hans, Corell. 16 The United Nations: A Practitioner’s Perspective. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0016.

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This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.
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18

Dingwall, Joanna. International Law and Corporate Actors in Deep Seabed Mining. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898265.001.0001.

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Corporate participation within deep seabed mining raises unique challenges for international law. Commercial investment by private corporate actors in deep seabed mining is increasing. The deep seabed beyond national jurisdiction (the Area) comprises almost three-quarters of the entire surface area of the oceans, and it is home to an array of prized commodities including valuable metals and rare earth elements. These resources constitute the common heritage of mankind. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority (ISA) is responsible for regulating the Area for the benefit of humanity and granting mining contracts. Although mining activities in the Area remain at the exploration stage, in recent years, there has been a marked growth in investment by private corporate actors, and an increasing impetus towards exploitation. This increasing corporate activity presents challenges, including in relation to matters of common management, benefit sharing, marine environmental protection and investment protection. In part, these challenges stem from the often-contentious role of non-state actors, such as corporations, within the international legal system. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this study advances the discourse by addressing the extent of any tension between corporate commercial activity in the Area and the achievement of the common heritage of mankind.
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