Part II—Negotiation and amendment of Conventions—case studies mainly deriving from the Law of the Sea

2000 ◽  
Vol 4 (1) ◽  
pp. 22-44
Keyword(s):  
2022 ◽  
Vol 8 ◽  
Author(s):  
Ibukun J. Adewumi ◽  
Juan Luis Suárez de Vivero ◽  
Alejandro Iglesias-Campos

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.


Author(s):  
Douglas Guilfoyle

The ‘law of maritime security’ is an instance of ‘securitization’ applied across various aspects of the law of the sea. The list of activities encompassed by the term is inherently non-exhaustive and lacks any common method of risk assessment. In addition, maritime security law has evolved in response to projected catastrophic or existential threats detached from any meaningful assessment of their probability. The distribution of risk in this area is driven by a combination of a projected future and the securitization of certain real, present concerns. Thus, maritime security and its effects are best understood in the context of what will be called the ‘transnational security State’ and the distortions that such a sState-centred approach imposes. Through is chapter utilises select case studies this chapter o demonstrates the manner in which maritime security has shifted the burden of risk from sStates and onto humans, especially onto people in transnational or liminal spaces.


10.33540/13 ◽  
2020 ◽  
Author(s):  
◽  
Rozemarijn Jorinde Roland Holst
Keyword(s):  

2008 ◽  
Vol 16 (2) ◽  
pp. 121-150 ◽  
Author(s):  
ALDO CHIRCOP ◽  
DAVID DZIDZORNU ◽  
JOSE GUERREIRO ◽  
CATARINA GRILO
Keyword(s):  

Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


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