The law of the sea : normative context and interactions with other legal regimes

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書誌事項

The law of the sea : normative context and interactions with other legal regimes

edited by Nele Matz-Lück, Øystein Jensen and Elise Johansen

（Routledge research on the law of the sea）

Routledge, 2023

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注記

Content Type: text (rdacontent), Media Type: unmediated (rdamedia), Carrier Type: volume (rdacarrier)

Includes bibliographical references and index

Summary: "The Law of the Sea: Normative Context and Interactions with other Legal Regimes discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. The UN Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system, its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addr

収録内容

  • From fragmentation to interaction? : a law of the sea perspective on regime interaction and interdisciplinary intefaces / Nele Matz-Lück and Øystein Jensen
  • Interactions between law and science within the law of the sea : a systems theory perspective / Hilde Woker
  • Regime interaction through concepts : the BBNJ process as a critical juncture in the relation between the convention on biological diversity and the convention on the law of the sea / Vito de Lucia
  • The legal interactions between the climate change and law of the sea regimes / Elise Johansen
  • Law of the sea and geoengineering / Alexander Proelss
  • Ships passing in the night : the law of the sea and the human right to food / Erik van Doorn and Jens T. Theilen
  • Interaction between the law of the sea and the rights of indigenous peoples / Endalew Lijalem Enyew and Nigel Bankes
  • Law of the sea and refugee law / Alexander Proelss
  • The law of the sea and the exercise of free speech and protest rights / Richard Caddell
  • Limits to the maritime enforcement measures according to the law of the sea and human rights law / Maria Chiara Noto
  • Military uses of the sea in peache and during armed conflict / Magne Frostad
  • Law of the sea and international investment law / Maria Madalena das Neve

内容説明・目次

内容説明

The United Nations Convention on the Law of the Sea follows a comprehensive approach and can be interpreted dynamically to include the regulation of all potential human uses of the ocean, but the law of the sea cannot be viewed in isolation from other fields of international law. International law does not resemble a hierarchically structured legal system; its different parts interact when different rules address the same activity or situation. The academic discussion concerning the specialization and proliferation of international legal rules and dispute settlement bodies has theoretical as well as practical relevance for the law of the sea and its interaction with other parts of international law. The intensified use of the oceans for different purposes and the ongoing proliferation of international rules addressing different activities from different perspectives and with distinct foci require a more thorough evaluation of how the law of the sea relates to other fields of international law, how the normative context can be approached theoretically and if interdisciplinary interfaces can be adequately addressed. This book discusses the normative context of the law of the sea and the interactions of the law of the sea with other legal regimes. By connecting high-quality research with new ideas and perspectives, this book offers expertise from different fields and perspectives in which the interaction between the law of the sea and other fields of international law becomes particularly relevant.

目次

Preface List of Contributors 1 From fragmentation to interaction? A law of the sea perspective on regime interaction and interdisciplinary interfaces NELE MATZ-LUCK AND OYSTEIN JENSEN 2 Interactions between law and science within the law of the sea: a systems theory perspective HILDE WOKER 3 Regime interaction through concepts: the BBNJ process as a critical juncture in the relation between the Convention on Biological Diversity and the Convention on the Law of the Sea VITO DE LUCIA 4 The legal interactions between the climate change and law of the sea regimes ELISE JOHANSEN 5 Law of the sea and geoengineering ALEXANDER PROELSS 6 Ships passing in the night: the law of the sea and the human right to food ERIK VAN DOORN AND JENS T. THEILEN 7 Interaction between the law of the sea and the rights of indigenous peoples ENDALEW LIJALEM ENYEW AND NIGEL BANKES 8 Law of the sea and refugee law ALEXANDER PROELSS 9 The law of the sea and the exercise of free speech and protest rights RICHARD CADDELL 10 Limits to the maritime enforcement measures according to the law of the sea and human rights law MARIA CHIARA NOTO 11 Military uses of the sea in peace and during armed conflict MAGNE FROSTAD 12 Law of the sea and international investment law MARIA MADALENA DAS NEVES Index

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