The Future of Ocean Regime-Building

Description

'One of the most creative innovations of the international diplomatic community in the 20th century was its invention of the international regime', wrote Douglas M. Johnston in his last major work published posthumously ("The Historical Foundations of World Order: The Tower and the Arena, Nijhoff, 2008"). While regimes often provide order and certainty and a consequent reduction in disputes and misunderstandings, regimes are driven by specific concerns.With diverse disciplinary backgrounds and perspectives, the distinguished contributors to this tribute follow a long tradition of scholarly inquiry into the governance, creation, operation, viability and maintenance of international regimes. Their contributions on ocean and environmental regimes as diverse as fisheries, ocean dumping, maritime security, seafarers' rights, or enhancement of marine environmental protection attest to the depth to which modern international law and the underlying international relations have been transformed into an international law of structured cooperation. This book includes biographical and bibliographic notes on Douglas M. Johnston. Contents Foreword • Graham Day Co-Editors’ Preface Part I Douglas Millar Johnston (1931–2006) Biographical Note • Aldo Chircop, Ted L. McDorman, Susan J. Rolston and Christian L. Wiktor Douglas M. Johnston: Postscript for a Polymath • Brian Flemming Remembering Douglas Johnston as a Practicing Diplomat aswell as a Scholar • Edward L. Miles Part II Introduction: Setting the Stage • Aldo Chircop, Ted L. McDorman and Susan J. Rolston Ocean and Environmental Regime-Building: Global Perspectives The Stockholm Declaration and the Structure and Processes of International Environmental Law • Jutta Brunnée Integration among Global Environmental Regimes: Lessons Learned from Climate Change Mitigation • Meinhard Doelle Ocean Regimes as Refl ected in 500 Years of Multilateral Treaty-Making • John Gamble, Ryan Watson and Lauren Piera The Law of the Sea, Marine Technology, and Global Social Justice • Jay L. Batongbacal State Practice and Maritime Claims: Assessing the Normative Impact of the Law of the Sea Convention • Stuart Kaye Trends in Ocean Zoning – Layers of Confusion and Approaches to Clarity • John Duff International Straits and Navigation Routes Transit Passage Th rough International Straits • Jon M. Van Dyke The Establishment of a Cooperative Mechanism for the Straits of Malacca and Singapore under Article 43 of the United Nations Convention on the Law of the Sea • Robert Beckman The Compulsory Pilotage Regime in the Torres Strait – A “Melting Pot” of Operational, Legal, and Political Considerations • Sam Bateman Northern Sea Route Navigation: The Last Frontier? • Edgar Gold New Standards for International Shipping Consequences of Securing Merchant Shipping for Contractual Relations in the Carriage of Seaborne Trade • Hugh M. Kindred and Mary R. Brooks “Making Labour History” and the Maritime Labour Convention, 2006: Implications for International Law-Making (and Responses to the Dynamics of Globalization) • Moira L. McConnell The Contribution of the 2006 ILO Maritime Labour Convention to Global Governance • Peter B. Payoyo Fisheries Conservation and Human Rights Protection The Management of Internationally Shared Fish Stocks: A Law and Economics Approach • Gordon R. Munro To Catch a Thief: Canadian Law and Practice in the Northwest Atlantic, 1992–1994 • Wendell Sanford Human Rights Aspects of Legislation in the Fisheries Sector • William R. Edeson Marine Environmental Protection Improving the Effectiveness of Environmental Regimes:“Consilience,” Science, and Common Sense • Shelley Lexmond International Law and Ocean Dumping: Steering a Precautionary Course Aboard the 1996 London Protocol, but Still an Unfinished Voyage • David L. VanderZwaag and Anne Daniel Regulation of the Dumping of Wastes at Sea: The Chinese Practice • Zou Keyuan The Designation of Particularly Sensitive Sea Areas: A New Layer in the Regime for Marine Environmental Protection from International Shipping • Aldo Chircop Dispute Settlement and Regional Cooperation Th ird States in Maritime Delimitation Cases: Too Big a Role, Too Small a Role, or Both? • Alex G. Oude Elferink Brokering Cooperation Amidst Competing Maritime Claims: Preventative Diplomacy in the Gulf of Thailand and South China Sea • Clive Schofield and Ian Townsend-Gault Regime-Building in East Asia: Recent Progress and Problems • Mark J. Valencia Notes on the Historic Waters Regime and the Bay of Fundy • Ted L. McDorman The Legacy of the Dalhousie University Ocean Studies Programme (DOSP) in the Caribbean • Carlyle L. Mitchell Part III The Publications of Douglas Millar Johnston • Christian L. Wiktor and Ted L. McDorman Index