The Law of the Sea
Normative Context and Interactions with other Legal Regimes
- 304 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
The Law of the Sea
Normative Context and Interactions with other Legal Regimes
About this book
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.
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Table of contents
- Cover
- Half Title
- Series
- Title
- Copyright
- Table of Contents
- Preface
- List of Contributors
- 1 From fragmentation to interaction? A law of the sea perspective on regime interaction and interdisciplinary interfaces
- 2 Interactions between law and science within the law of the sea: a systems theory perspective
- 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
- 4 The legal interactions between the climate change and law of the sea regimes
- 5 Law of the sea and geoengineering
- 6 Ships passing in the night: the law of the sea and the human right to food
- 7 Interaction between the law of the sea and the rights of indigenous peoples
- 8 Law of the sea and refugee law
- 9 The law of the sea and the exercise of free speech and protest rights
- 10 Limits to the maritime enforcement measures according to the law of the sea and human rights law
- 11 Military uses of the sea in peace and during armed conflict
- 12 Law of the sea and international investment law
- Index