Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction...

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Sarah Louise Lothian

Marine Conservation and International Law

Legal Instruments for Biodiversity Beyond National Jurisdiction

Sarah Louise Lothian

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English

Routledge
29 January 2024

Jurisprudence & general issues; International maritime law; Environment law; Environmental science, engineering & technology

Series: Routledge Research in International Environmental Law

This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ.

This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of maritime States, principally the United States, the United Kingdom, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponent of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI.

Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.

By: Sarah Louise Lothian
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 590g
ISBN: 9781032230429
ISBN 10: 1032230428
Series: Routledge Research in International Environmental Law
Pages: 320
Publication Date: 29 January 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Sarah Louise Lothian is a Lecturer at the Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia and a Barrister at the New South Wales Bar.