Suchergebnisse

It is a long known fact that climate change will result in sea level rise and dramatically changed coastlines for a number of coastal States, and the physical consequences of sea level rise are most likely unavoidable for several coastal States due to their geographical location, size and topography. It is highly debatable whether the Law of the Sea Convention is equipped for dealing with the current challenges of sea level rise and maritime limits, and it may be argued that its rule of ambulatory baselines may contribute to loss of territory, relocation of maritime zones, uncertainty and instability.
This article investigates the current status of the law regulating maritime limits which may be affected by sea level rise, and argues that the best solution is to adapt the law within the current legal framework of the Law of the Sea, by undertaking a liberal interpretation of the already existing provisions of the LOSC, instead of invoking the amendment procedures of the LOSC, a new supplementary agreement or creating new customary law. In particular, the article explores the option of re-interpreting the law of baselines in Article 7, offering an adapting measure that mitigates the climate change effects on sea level rise. It is argued that a liberal interpretation of the LOSC can contribute to increased stability and juridical protection of the maritime entitlements for some of the States suffering the consequences of sea level rise.

The role of the oceans in regulating the earth's climate : legal perspectives / Elise EJohansen -- Climate change and the anthropocene : implications for the development of the law of the sea / Davor Vidas, Jan Zalasiewicz, Mark Williams & Colin Summerhayes -- Mitigation and adaptation / Robin Kundis Craig -- Protecting the marine environment from climate change : the LOSC part XII regime / Alan Boyle -- Ocean acidification / Karen N. Scott -- Regulating greenhouse gases from ships : some light at the end of the funnel? / Henrik Ringbom -- Carbon capture and storage and the law of the sea / Nigel Bankes -- Ocean fertilization / Elise Johansen -- Offshore renewable energy and the law of the sea / Maria Madalena des Neves -- Marine protected areas and climate change / Ingvild Ulrikke Jakobsen -- Integrating climate change in international fisheries law / Erik J. Molenaar -- Adaptation of aquaculture to climate change : the relevance of temporal international framework from a Norwegian perspective / Irene Dahl -- 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 -- Integrating climate change in the governance of areas beyond national jurisdiction / Christian Prip -- The law of the sea and its institutions : today's hermeneutic approach and some suggestions for an ocean-centred governance model / Margherita Paola Poto -- The law of the sea as part of the climate change regime complex / Ingvild Ulrikke Jakobsen, Elise Johansen, Philipp. P. Nickels.

The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries