Suchergebnisse

This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field

'As climate change thrusts the Arctic and Antarctic towards the top of the global political agenda, this timely collection provides a broad overview of the issues, the options, and the rules and institutions that are already in place.'--Michael Byers, University of British Columbia, Canada and author of International Law and the Arctic. 'While at opposite ends of the earth, the shared characteristics of the Arctic and Antarctic are identified by this multidisciplinary collection of essays. Both regions need effective, flexible governance--whether through the Antarctic Treaty System or the Arctic Council--if they are to respond to the challenges of commercialization of hydrocarbons, climate change and the marine environment. Internationally recognized scholars grapple with the global politics of the polar regions, the perspectives of the Inuit people and the role of joint development. This invaluable, well-researched and stimulating collection clarifies the geopolitical and socio-economic dynamics of some of the world's most fragile and vulnerable environments.'--Gillian Triggs, Australian Human Rights Commission. This timely book provides a cutting-edge assessment of how the dynamic ocean regions at the highest latitudes on Earth are being managed in an era of unprecedented environmental change. The Arctic and Southern Oceans are experiencing transformative environmental change as a result of climate change and ocean acidification. As areas of unparalleled environmental, cultural and scientific value, they are crucibles for testing how integrated, eco-systemic governance frameworks can be developed to meet and address volatile environmental, political and economic challenges. Drawing especially on Australian and Canadian experiences in polar oceans management through multilateral global and regional institutions, the book identifies policy options for improving the governance of the Arctic and Southern Oceans. In offering a pioneering 'bipolar' assessment of environmental management at both polar regions, this important book will be an essential resource for policy-makers, scholars and students actively engaged in discussion and debate on the future of polar oceans governance in the Anthropocene.--

The sea change towards principled oceans governance / Donald R. Rothwell and David L. VanderZwaag -- Beyond the buzzwords : a perspective on integrated coastal and ocean management in Canada / Aldo Chircop and Larry Hildebrand -- Operationalizing integrated coastal and oceans management in Australia : the challenges / Veronica Sakell -- The application of compliance and enforcement strategies on Canada's Pacific coast / Francois Bailet, Janna Cumming, and Ted L. McDorman -- Integrated maritime enforcement and compliance in Australia / Sam Bateman. [et al.] -- Canada and the precautionary principle/approach in ocean and coastal management : wading and wandering in tricky currents / David L. VanderZwaag, Susanna D. Fuller, and Ransom A. Myers -- Australia and the precautionary principle : moving from international principles to domestic and local implementation / Lorne K. Kriwoken, Liza D. Fallon, and Donald R. Rothwell -- Marine ecosystem management : is the whole greater than the sum of the parts? / Bruce G. Hatcher and Roger H. Bradbury -- Ecosystem bill of rights / Richard J. Beamish and Chrys-Ellen M. Neville -- Community involvement in marine and coastal management in Australia and Canada / Marian Binkley. [et al.] -- Aboriginal title and oceans policy in Canada / Dianna Ginn -- Canada's seas and her first nations : a colonial paradigm revisited / Russ Jones -- Indigenous rights in the sea : the law and practice of native title in Australia / Geoff Clark -- Aboriginal peoples and ocean policy in Australia : an indigenous perspective / Rodney Dillon -- The challenge of international oceans governance : institutional, ethical, and conceptual dilemmas / Douglas M. Johnston.

The aquaculture industry is fast expanding around the globe and causing major environmental and social disruptions. The volume is about getting a 'good governance' grip on this important industry. The book highlights the numerous law and policy issues that must be addressed in the search for effective regulation of aquaculture. Those issues include among others: the equitable and fair assignment of property rights; the design of effective dispute resolution mechanisms; clarification of what maritime laws apply to aquaculture; adoption of a proper taxation system for aquaculture; resolution of aboriginal offshore title and rights claims; recognition of international trade law restrictions such as labeling limitations and food safety requirements; and determination of whether genetically modified fish should be allowed and if so under what controls. This book will appeal to a broad range of audiences: undergraduate and postgraduate students, academic researchers, policy makers, NGOs, practicing lawyers and industry representatives.

The need for Canadian-American cooperative ocean management in the Arctic stems from four factors. Transboundary ocean currents have the potential to carry marine pollutants from one country to the other. Many living resources, such as bowhead and beluga whales, do not recognize political boundaries. Native communities depend culturally and economically on coastal resources. Technological collaboration in such areas as satellite communications and navigational aids is necessary to avoid costly duplications. Three documents - the World Conservation Strategy, the Report of the U.N. Conference on the Human Environment, and the Law of the Sea Convention - bid the United States and Canada to join hands in managing resources in a more systematic manner. At least four jurisdictional issues concerning arctic waters are capable of rocking future U.S.-Canadian relations: the Alaska/Yukon offshore boundary, the legal status of the waters of the Canadian arctic archipelago and the Northwest Passage, the legal principles governing the exclusive economic zones in the Beaufort, Chukchi, and Bering seas, and the legal regime applicable to arctic waters and the seabed beyond 200 nautical miles. Although cooperative ocean management may be hindered by national complexities, such as lack of clear arctic policies, fragmented decision-making processes, and tensions between government managers and local communities, the two countries should address eight threshold questions concerning future institutional linkages: Are present formal and informal arrangements adequate for arctic ocean management? What type or types of agreement - demonstrative, administrative, distributive or resolutive - should be used to formalize cooperation? What level of cooperation - bilateral, trilateral, arctic-wide or global - is required and politically feasible? Should the two countries create new management institutions or should they harmonize existing legislation and administration? Should one "super commission" be created with a say over all arctic marine issues or should a number of commissions be created for coordinating individual ocean uses? Should joint institutions have advisory or actual decision-making powers? What role should native groups play in regionalized arctic marine management? What type of dispute-settlement mechanism(s) should be established?Key words: Canada-U.S. relations, ocean development and management, international law of the sea ; Mots clés: relations Canada-E.U., développement et gestion de l'océan, droit international de la mer