New scenarios present in the sea require new legal and political approaches, because the rules governing these spaces have been out of place or new rules have arisen that require mitigation. Old aspects require new interpretations without prejudice of new uses not foreseen or contemplated in the frame of the Law of the Sea. In fact, many frustrations have been raised in this framework, because the Law of the Sea has been unable to give an answer to some of the expectations for which the United Nations Law of the Sea Convention was adopted. New doctrines and new interpretations have appeared to such an extent that experts hardly know whether they are going to lead them to a new system or to the modification of the present one.
The part of the Law of the Sea that has been the most developed, but which has provoked greater problems at the same time has been the delimitation of maritime spaces, which has generated a new concept of states’ frontiers beyond the classical conception. This book analyses different aspects of marine delimitation.
Concerning the environment, the authors focus on the analysis on the climatic change, where they have found a world of possibility to be explored. Everybody is aware that seas and oceans are the greatest dumping grounds of CO2 on Earth. Readers will easily understand that the global warming taking place is due to the lack of absorption by seas and oceans. Even more so, this provokes more storms and marine upheavals, which in turn cause the carbon deposited on the seabed to be moved and transferred to the surface, and this prevents a greater absorption of the atmospheric CO2.
Finally, this book studies some social, economic and humanitarian problems affecting these maritime spaces; one has to take into consideration the new uses, the new frauds and the new dimensions that have created problems which did not exist before. In this case, the book explores sustainable fisheries and marine biodiversity, the management of marine living resources, the trafficking of persons and smuggling of migrants, the problems concerning Antarctica and the protection of underwater cultural heritage.
Ficha del libro
Miembro de la AEPDIRI: Pablo Antonio Fernández Sánchez (ed.)
Editorial: Nova
Año de publicación: 2017
ISBN: 97815361119848
Índice de la obra
Introduction of José Antonio de Yturriaga
ByJose Antonio Pastor Ridruejo
General Introduction
By Pablo Antonio Fernández-Sánchez
PART I: General Aspects
The Law of the Sea, our dreams and frustrations: Unedited circumstances surrounding the negotiations around the Law of the Sea Conference
By Jose Luis Vallarta Marron
A Canadian Looks back at the Third United Nations Convention on the Law of the Sea: Thirty Years After
By Armand de Mestral
The Doctrine of “Dry Shore”
By Pablo Antonio Fernández-Sánchez
The Concept of Island in the Montego Bay Convention and Japanese Claims In Okinotorishima
By Carmen Tirado Robles
Quo Vadis ITLOS?
ByMaría del Lujan Flores and Carlos Sapriza
PART II: Marine Delimitations
The obligations of the parties underthe Law of the Sea Convention pending the Final Settlement of a maritime delimitation dispute over the continental shelf
ByEdgardo Sobenes / Claudia Loza
On maritime boundaries in the Gulf of Mexico and adjacent areas in the Caribbean
By Juan Manuel de Faramiñán Gilbert
The Outer Limit of the Continental Shelf in the Recent International Jurisprudence
By FridaArmasPfirter
Gibraltar: Adjacent Waters to the Territory Yielded by Spain
By AraceliMangas Martín
PART III: Environment and Law of the Sea
El Niño-Southern Oscillation (ENSO) the climate and weather phenomena that damages the South East Pacific countries.
By Hugo A.Llanos Mansilla
Looking For Oil around The Canary Islands: International Law and Politics in a Domestic Political Environment
By Manuel Medina Ortega
European Union and Regional Fisheries Management Organizations. Sustainable Fisheries, Ecosystem Approach, and Marine Biodiversity Conservation *
By Jorge Pueyo Losa & María Teresa Ponte Iglesias
Channeling of the International Responsibility in Case of Damage to the Oceans and Seas as a Result of Climate Change
By ZlataDrnas Clément
Marine Renewables Energies in Areas Beyond National Jurisdiction:Athreat/challenge to the freedoms of the High Seas?
By Carlos Soria Rodríguez
The International Regime on Dumping at Sea and Climate Change Mitigation: Developments Concerning Carbon Dioxide Capture and Storage in Sub-Seabed Geological Formations
By José Juste-Ruiz
The Protection of the Antarctic Environment
By Adela Rey Aneiros
PART IV: Social, Economic, Cultural & Human Aspects and the Law of the Sea
Marine Scientific Researchunder the Control of Coastal States*
ByRafael CasadoRaigón
Trafficking in Persons and Smuggling of Migrants at Sea: New Approaches at European Level.
ByM. Esther Salamanca Aguado
The protection of underwater cultural heritage from the public international law perspectives
By Carmen Parra Rodríguez
A Scientific and Technical Advisory Body for the Protectionof the Underwater Cultural Heritage
By TullioScovazzi