The International Legal Regime of Areas Beyond National Jurisdiction

by Oude Elferink, Alex G.

• ISBN13: 9789004170971
• ISBN10: 9004170979
• Format: Hardcover
• Copyright: 2010-02-28
• Publisher: Martinus Nijhoff

Summary

This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction, focusing on principles and objectives, institutional arrangements, entitlements and compliance.

Author Biography

Erik J. Molenaar is senior research associate at NILOS, Utrecht University and Adjunct Professor Law of the Sea at the University of Troms0. He has published extensively on the international law of the sea. Alex G. Oude Elferink is a senior lecturer at the Netherlands Institute for the Law of the Sea of the School of Law of Utrecht University. He has published extensively on the international law of the sea.

Table of Contents

Preface	p. ix
Abbreviations	p. xi
List of Arbitrations, Cases and Judgments	p. xv
List of Conventions, Treaties and Other International Instruments	p. xvii
Introduction	p. 1
Principles and Objectives of The Legal Regime Governing Areas beyond National Jurisdiction
Principles and Objectives of the Legal Regime Governing Areas beyond National Jurisdiction	p. 7
Principles and Objectives of the Legal Regime Governing Areas Beyond National JurisdictionùCommentary on Tullio Treves	p. 27
Principles and Objectives of the Legal Regime Governing Areas Beyond National JurisdictionùCommentary on Tullio Treves	p. 39
Institutional Arrangements For The Legal Regime Governing Areas Beyond National Jurisdiction
The Seabed Beyond the Limits of National Jurisdiction: General and Institutional Aspects	p. 43
The Concept of the Common Heritage of Mankind: Its Viability as a Management Tool for Deep-Sea Genetic Resources	p. 61
Institutional Arrangements for the Legal Regime Governing Areas Beyond National JurisdictionùCommentary on Tullio Scovazzi	p. 77
Entitlements To Marine Living Resources
Entitlement to Marine Living Resources in Areas Beyond National Jurisdiction	p. 83
Commentary: Property Rights in Areas Beyond National JurisdictionùNot Too Late for a Propter Debate?	p. 143
Entitlement to Marine Living Resources in Areas Beyond National JurisdictionùCommentary on Richard Barnes	p. 159
Compliance With International Regulations: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction
The Anthropocene, Autopoiesis and the Disingenuousness of the Genuine Link: Addressing Enforcement Gaps in the Legal Regime for Areas Beyond National Jurisdiction	p. 165
Commentary: The Anthropocene, Autopoiesis and the Disingenuousness of the Genuine Link: Addressing Enforcement Gaps in the Legal Regime for Areas Beyond National Jurisdiction	p. 191
The Anthropocene, Autopoiesis and the Disingenuousness of the Genuine Link: Addressing Enforcement Gaps in the Legal Regime for Areas Beyond National JurisdictionùCommentary on Rosemary Rayfuse	p. 205
Lunheon Speech
The Contribution of the International Tribunal for the Law of the Sea to International Law	p. 217
Bibliography	p. 231
Index	p. 245
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