Price loading...

The Designation of Marine Protected Areas: A Legal Obligation

International

Price data last checked 104 day(s) ago - refreshing...

View at Amazon

Price History & Forecast

No Price Data Available

Price history will appear here once data is collected from Amazon.

Price Distribution

No price data available for histogram

Description

This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of theSea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludesthat only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.

Product Specifications

Format: paperback
ASIN: 3031291778
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 25 May 2024
Listed Since: 26 May 2024

Barcode

No barcode data available

The Designation of Marine Protected Areas: A Legal Obligation

Price History & Forecast

No Price Data Available

Price Distribution

Description

Product Specifications

Barcode

Similar Products You Might Like

Global Challenges and the Law of the Sea

Global Challenges and the Law of the Sea

Conservation on the High Seas: Harmonizing International Regimes for the Sustainable Use of Living Resources (New Horizons in Environmental and Energy Law series)

International Maritime Conventions (Volume 3): Protection of the Marine Environment (Maritime and Transport Law Library)

Routledge Marine Conservation and International Law Book

Beyond the Law of the Sea: New Directions for U.S. Oceans Policy

International Maritime Conventions (Volume 3): Protection of the Marine Environment (Maritime and Transport Law Library)

The Oxford Handbook of the Law of the Sea

International Marine Environmental Law and Policy

The United Nations Convention on the Law of the Sea: A System of Regulation (Globalization: Law and Policy)

The International Law of the Sea

Marine Specially Protected Areas: The General Aspects and the Mediterranean Regional System: 52 (International Environmental Law & Policy Series)

New Technologies and Law of the Marine Environment: Nouvelles Technologies Et Droit De L'Environment Marin: 55 (International Studies in Human Rights)

Routledge Handbook of Seabed Mining and the Law of the Sea (Routledge Handbooks in Law)

Multilateral Environmental Treaties (Elgar Encyclopedia of Environmental Law series)

Springer - Implementation of UN Convention Law of the Sea Book

Transboundary Environmental Governance: Inland, Coastal and Marine Perspectives

Routledge The Law of the Sea - International Law Research

Handbook on Marine Environment Protection: Science, Impacts and Sustainable Management

Springer - Environmental Jurisdiction in the Law of the Sea

Extension of Coastal State Jurisdiction in Enclosed and Semi-Enclosed Seas: A Mediterranean and Adriatic Perspective (IMLI Studies in International Maritime Law)

The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas: A Mediterranean and Adriatic Perspective: 4 (IMLI Studies in International Maritime Law)

A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-Makers Towards the Environment: 1 (Energy and Environmental Law and Policy Series)

Environmental Governance of the Great Seas: Law and Effect (New Horizons in Environmental and Energy Law series)