Frontiers in International Environmental Law explores how law and legal scholarship has responded to some of the most important oceans and climate governance challenges of our time. Using the concept of the frontier, each contributor provides a unique perspective on the way that we can understand and can shape the development of law and legal institutions to better protect our marine environment and climate system, and reduce conflicts in areas of legal uncertainty. The authors show how different actors influence legal development, and how legal transitions occur in marine spaces and how change influences existing legal regimes. They also consider how change creates risks for the protection of vulnerable environment, but also opportunities for creative thinking and better ways of governing our environment.
Richard Barnes is Professor of International Law at the University of Lincoln. He has published widely on law of the sea, including Law of the Sea: Progress and Prospects (2005) and Property Rights and Natural Resources (2009).
Ronán Long is Director of the WMU-Sasakawa Global Ocean Institute and Nippon Foundation Professorial Chair of Ocean Governance & the Law of the Sea at the World Maritime University in Sweden. He has published widely on matters of ocean governance including: the law of the sea, the law of climate change, EU law, as well as on multilateral diplomacy and dispute resolution.
Acknowledgements
Figures and Table
Notes on Contributors
Table of Cases
Table of Treaties and Other Instruments
Introduction
1âFrontiers in Law and legal Scholarship
ââRichard Barnes and Ronánâ¯ï»¿ï»¿Long
PART 1 Frontierâ¯Actors
2âWater and Soil, Blood and Oil
âDemarcating the Frontiers of Australia, Indonesia and Timor-Leste ââDavidâ¯ï»¿ï»¿Dixon
3âFrom Laggards to Leaders
âThe Evolving Role of the Private Actors in the International Climate Regime ââCharlotteâ¯ï»¿ï»¿Streck
4âShared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions
ââDavidâ¯M.â¯ï»¿ï»¿Ong
PART 2 Frontiers as Transitionalâ¯Spaces
5âInternational Law Obligations of States in Undelimited Maritime Frontier Areas
ââRobin Churchill
6âA New Frontier in the Law of the Sea? Responding to the Implications of Sea Level Rise for Baselines, Limits and Boundaries
ââClive Schofield
7âClimate Change and Sea Level Rise
âNature of the State and of State Extinction ââSeokwooâ¯ï»¿ï»¿Lee and Lowellâ¯ï»¿ï»¿Bautista
PART 3 Frontiers and Established Regimes
8âThe Frontier in the Historical Development of the International Law of theâ¯Sea
ââTullio Scovazzi
9âNew Ways to Break the Ice
âEmerging Approaches to the Regulation of Navigation in the Northwest Passage ââScott Davidson
10âTaming the Wild North? High Seas Fisheries in the Warming Arctic
ââRosemary Rayfuse
11âFrom the Plastics Revolution to the Marine Plastics Crisis
âA Patchwork of Internationalâ¯Law ââNilüferâ¯ï»¿ï»¿Oral
12âThe Ocean and Climate Change Law
âExploring the Relationships ââDaniel Bodansky
PART 4 Frontiers and Vulnerable Regimes
13âEnhancing State Responsibility from Environmental Implications of the South China Sea Dispute
ââAmrisha Pandey and Surya P.â¯ï»¿ï»¿Subedi
14âThe Contribution of the Precautionary Principle to Marine Environmental Protection
âFrom Making Waves to Smooth Sailing? ââWarwick Gullett
PART 5 Frontiers as Creativeâ¯Spaces
15âThe Interface of Science and Law
âA Challenge to the Privileging of âMarine Biodiversityâ over âMarine Environmentâ ââPhilomène Verlaan
16âStrategic Environmental Assessment and Its Application to Marine Areas beyond National Jurisdiction
ââRobinâ¯ï»¿ï»¿Warner
17âThe Sargasso Sea
âAn Innovative Approach to Governance in Areas beyond National Jurisdiction ââKristina M. Gjerde and Oleâ¯ï»¿ï»¿Varmer
18âStrengthening the Stewardship of the Sargassoâ¯Sea
ââDavid A.â¯ï»¿ï»¿Balton
PART 6 New Frontiers
19âThe Anthropocene, Five Discourses and Frontier Space
ââEllenâ¯ï»¿ï»¿Hey
David Freestone
Index
This book will be of interest to students, academics and practitioners in the law of the sea, international environmental law and international law generally.