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International audience ; The long-term outlook for global ocean abundance of living marine resources is uncertain. Times have changed quickly. Some States have reacted to the decline in marine resources with two generic strategies. First States have been designating a variety of marine protected areas in part to respond to SDG target 14.5 to «conserve at least 10% of coastal and marine areas». Second, States have been investing in better monitoring and enforcement programs to address illegal fishing. These solutions may ameliorate certain human pressures on ecosystems, but do not directly contribute to the enhancement of marine ecological values. Active marine restoration is the coordinated efforts by individuals or groups to revive the structures and functions of ecological systems. This might include targeted efforts to revive habitat that is damaged through active planting of seagrasses or grafting of coral reefs. This might include releasing fish or other marine animals into an area to increase the breeding population. Some States are engaged in active marine restoration efforts. But the number of States undertaking such projects is limited.This chapter offers three political proposals with legal implications to further active marine restoration and improve state performance under existing duties to restore marine stocks and ecosystems. First, States need to enhance their existing marine scientific research cooperation to improve measures that support «active marine restoration» including incorporating new types of knowledge into assisting in ecosystem recovery. Second active marine restoration focused on accelerating restoration efforts should be mainstreamed as an international «blue economy » development strategy. Finally, given that oceans have permeable geopolitical boundaries, effective active marine restoration may require a new institutional approach that is not state-based but guardian-based. If an Ocean Guardian Council was to convene and be given powers by States to protect ocean interests ...

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address cross-cutting issues such as representation, democracy, independence and effectiveness. ; https://digitalcommons.law.uidaho.edu/facw_bkcntri/1004/thumbnail.jpg

Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfill their obligations under the United Nations Law of the Sea Convention (LOSC). Australia, Canada, China, Japan, Korea, Malaysia, Singapore and Vietnam are examined in detail together with an analysis of the United States' prospects of ratifying the LOSC and its current approach to implement the international law of the sea. The book reveals areas of regional variation and consensus in legislative approaches to implement LOSC obligations, contributing to the progressive development of the law of the sea. ; https://digitalcommons.law.uidaho.edu/facw_bkcntri/1024/thumbnail.jpg

This is the first published book to examine comprehensively the relationship between international environmental law and ecological restoration. While international environmental law (IEL) has developed significantly as a discipline over the past four decades, this book enquires whether IEL can now assist states in making a strategic transition from not just protecting and maintaining the natural environment but also actively restoring it. Arguing that states have international duties to restore, this book offers reflections on the philosophical context of ecological restoration and the legal content of a duty to restore from an international law, European Union law and national law perspective. The book concludes with a discussion of several contemporary themes of interest to both lawyers and ecologists including the role of private actors, protected areas and climate change in ecological restoration. ; https://digitalcommons.law.uidaho.edu/facw_books/1003/thumbnail.jpg

Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created by a company or located on company property. This Article queries whether there are obligations for corporations to act under international human rights law to prevent disasters where corporations have control over known hazards such as tailings dams or chemical dumps. This Article concludes that corporations have a legal duty to act in order to support and protect human rights whenever there is corporate knowledge of hazards that may precipitate a disaster. Additionally, corporations are often well-placed to provide temporary emergency relief during disaster. This Article suggests there may be a legal duty for corporations to temporarily protect the fundamental human rights of communities during a disaster until government-organized relief is available.

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the centre of a long-standing debate between pro-whaling industry states and whale preservation states that threatens the collapse of the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice (ICJ) Whaling in the Antarctic case and suggests that the ICJ's decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific Committee's request for more data from the Japanese government on the Proposed Research Plan for New Scientific Whale Research Program in the Antarctic Ocean (NEWREP-A) and Japan's diplomatic threat to unilaterally resume whaling. The article concludes with a suggestion that States amend Article VIII in order to strengthen the existing ICRW framework.

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the center of a long-standing debate between pro-whaling industry States and whale preservationist States that threatens to collapse the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice Whaling in the Antarctic case and suggests that the ICJ's decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific Committee's request for more data from the Japanese government on the Proposed Research Plan for New Scientific Whale Research Program in the Antarctic Ocean (NEWREP-A) and Japan's diplomatic threat to unilaterally resume whaling. The paper concludes with a suggestion that States amend Article VIII in order to strengthen the existing ICRW framework.

Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created by a company or located on company property. This Article queries whether there are obligations for corporations to act under international human rights law to prevent disasters where corporations have control over known hazards such as tailings dams or chemical dumps. This Article concludes that corporations have a legal duty to act in order to support and protect human rights whenever there is corporate knowledge of hazards that may precipitate a disaster. Additionally, corporations are often well-placed to provide temporary emergency relief during disaster. This Article suggests there may be a legal duty for corporations to temporarily protect the fundamental human rights of communities during a disaster until government-organized relief is available.

When the U.S. Congress passed the Visual Artists Rights Act (VARA) in 1990, no legislator really anticipated that courts would be applying the act to art installations that were only half-finished. But this was the very challenge that the U.S. Appellate Court for the First Circuit faced in Massachusetts Museum of Contemporary Art Foundation, Inc. v. Christoph Büchel. Deliberating over a failed football-field-sized art installation wryly entitled "Training Ground for Democracy," the appellate court was asked to determine whether VARA protected Swiss artist Büchel's moral rights in his half-finished work that if completed would have given viewers "training to be an immigrant, training to vote, protest, and revolt, training to loot, training [in] iconoclasm, training to join a political rally, training to be the objects of propaganda, training to be interrogated and detained and to be tried or to judge, training to reconstruct a disaster, training to be in conditions of suspended law, and training various other social and political behaviors."