CiNii Books - Marine mammal conservation and the law of the sea

Marine mammal conservation remains a hot-button international environmental issue, but progress towards addressing key conservation and management issues within existing governance structures-most notably the International Whaling Commission-has stalled. Cameron Jefferies offers a fresh look at the future of international marine mammal management in a way that advances the ongoing dialog surrounding UNCLOS implementation and effective living marine resource management, while employing the comprehensive rational decision-making model as a theoretical framework. Marine Mammal Conservation and the Law of the Sea lays out and critiques the marine mammal regulatory landscape. It introduces the rational conservation model, and details the modern threats to marine mammals, including climate change, by-catch, environmental pollution, ship strikes. Next, it discusses options for reform under UNCLOS and existing treaties, and finally introduces a new holistic treaty regime based on the rational conversation model, based in part on the UN Fish Stocks Agreement. This book will appeal to scholars, practitioners, and policymakers across public international law, international relations, political science, and environmental policy in the academic, governmental, IO, and NGO spheres.

Table of Contents

Preface by John Norton Moore Acknowledgments Abbreviations Chapter 1 - Introduction I. Unfinished Business II. Conservation, Sustainability, and Other Key Terms III. Foundational Works IV. The Global Ocean V. Marine Mammals VI. Conclusion Chapter 2 - The Current Marine Mammal Regulatory Landscape I. Resource Type and Economic Considerations II. Legal Foundation of International Ocean Governance III. Conclusion Chapter 3 - Goals for the Rational Conservation of Marine Mammals and Emerging Ethical Considerations I. Rational Decision-Making Model II. Goals for Rational Marine Mammal Management III. Ethical Considerations IV. Conclusion 191 Chapter 4 - Modern Threats to Marine Mammals I. Current Threats to Marine Mammals 193 II. Features of a New Response 253 III. Conclusion 254 Chapter 5 - The Case for an Implementing Agreement Pursuant to Articles 65 and 120 of UNCLOS and the Creation of an International Marine Mammal Commission I. Legally Justified Options for International Marine Mammal Conservation II. UNCLOS Implementing Agreements III. The History and Interpretation of Articles 65 and 120 of UNCLOS IV. Treaty Termination and International Organization Succession V. Jurisdictional Limits VI. Conclusion Chapter 6 - The Proposal: Part I -- The Framework for a New Approach I. Introduction II. Constructing the Framework for a UN Marine Mammals Agreement III. Conclusion Chapter 7 - The Proposal: Part II - The Secretariat, Regionalism, and Marine Protected Areas I. Introduction II. Institutional Structure & the Secretariat III. Regionalism IV. Marine Protected Areas V. Conclusion Chapter 8 - Concluding Thoughts Appendices Appendix 1: Extant and Recently Extinct Marine Mammal Species Appendix 2: Ocean Zones Appendix 3: Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Sustainable Management of Marine Mammals (Short form: UN Marine Mammals Agreement) Appendix 4: Structure of the Proposed International Regime for the Conservation of Marine Mammals Index

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Marine mammal conservation and the law of the sea

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