Chapter 8 Key debates

Law of sea

Topic

Novel threats to maritime security and the law of the sea

Author/Academic

Natalie Klein

Viewpoint

Whereas the protection of sovereignty and national interests remains fundamental to maritime security and the law of the sea, there is increasing acceptance of a common interest to respond to modern maritime security threats. It is argued that security interests should be given greater scope in our understanding of the law of the sea in light of the changing dynamics of exclusive and inclusive claims to ocean use. More flexibility may be required in the interpretation and application of LOSC if appropriate responses to ensure maritime security are to be allowed.

Source

Maritime Security and the Law of the Sea (Oxford: Oxford University Press, 2011)

Topic

The governance of areas beyond national jurisdiction

Author/Academic

R Rayfuse and R Warner

Viewpoint

A global approach to further developing the high seas regime on the basis of an oceanic trust beyond national jurisdiction could foster environmentally responsible use of the high seas and their resources and ensure the application of modern conservation principles and management tools. In view of escalating threats to the oceans from existing and emerging uses and from the impacts of climate change, transformation to a legal regime better suited to integrated management and preservation of vital ocean ecosystem services and resilience may be a necessity.

Source

‘Securing a Sustainable Future for the Oceans beyond National Jurisdiction’, 23 International Journal of Marine and Coastal Law (2008) 399

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