Regulatory Gaps in Baltic Sea Governance

Regulatory Gaps in Baltic Sea Governance PDF Author: Henrik Ringbom
Publisher: Springer
ISBN: 3319750704
Category : Law
Languages : en
Pages : 219

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Book Description
The focus of this publication is the uniqueness of the Baltic Sea from a legal perspective, and the regulatory voids that result from the multiple layers of regulation this area is subjected to: up to six layers of regulation (general international law, regional conventions, EU law, national laws, local and municipal rules plus a whole range of non-binding norms and other 'soft law' arrangements) act in parallel. However, a large number of rules or regulatory layers does not in itself ensure effectiveness or consistency. When the regulatory landscape is approached from the point of view of individual substantive topics, it is apparent that the norms of different regulatory layers entail both overlaps, gaps and uncertainties, differently for each topic. This publication addresses a selection of topics that are decidedly international in nature, but for which current international and EU rules include important gaps or uncertainties. In addition to presenting a set of legal analyses of topical issues for the region, which in itself is a meritorious objective in view of the relative scarcity of legal studies with a focus on the Baltic Sea, the publication also seeks to analyze the regulatory 'anatomy' of the selected issues in more detail. Through the legal analyses the chapters explore how regulatory gaps are formed, how they are filled, how the rules of the different layers work together and interact with each other in the selected areas. Accordingly, the secondary ambition is to explore, through the chapters, whether more general conclusions can be drawn about the nature of the regulatory gaps and multi-layerism in order to produce a better understanding of how regulations on multiple levels operate in practice.

Regulatory Gaps in Baltic Sea Governance

Regulatory Gaps in Baltic Sea Governance PDF Author: Henrik Ringbom
Publisher: Springer
ISBN: 3319750704
Category : Law
Languages : en
Pages : 219

Get Book Here

Book Description
The focus of this publication is the uniqueness of the Baltic Sea from a legal perspective, and the regulatory voids that result from the multiple layers of regulation this area is subjected to: up to six layers of regulation (general international law, regional conventions, EU law, national laws, local and municipal rules plus a whole range of non-binding norms and other 'soft law' arrangements) act in parallel. However, a large number of rules or regulatory layers does not in itself ensure effectiveness or consistency. When the regulatory landscape is approached from the point of view of individual substantive topics, it is apparent that the norms of different regulatory layers entail both overlaps, gaps and uncertainties, differently for each topic. This publication addresses a selection of topics that are decidedly international in nature, but for which current international and EU rules include important gaps or uncertainties. In addition to presenting a set of legal analyses of topical issues for the region, which in itself is a meritorious objective in view of the relative scarcity of legal studies with a focus on the Baltic Sea, the publication also seeks to analyze the regulatory 'anatomy' of the selected issues in more detail. Through the legal analyses the chapters explore how regulatory gaps are formed, how they are filled, how the rules of the different layers work together and interact with each other in the selected areas. Accordingly, the secondary ambition is to explore, through the chapters, whether more general conclusions can be drawn about the nature of the regulatory gaps and multi-layerism in order to produce a better understanding of how regulations on multiple levels operate in practice.

Routledge Handbook of Marine Governance and Global Environmental Change

Routledge Handbook of Marine Governance and Global Environmental Change PDF Author: Paul G. Harris
Publisher: Taylor & Francis
ISBN: 1351369598
Category : Nature
Languages : en
Pages : 423

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Book Description
This comprehensive handbook provides a detailed and unique overview of current thinking about marine governance in the context of global environmental change. Many of the most profound impacts of global environmental change, and climate change in particular, will occur in the oceans​. It is vital that we consider the​ role of marine​ governance in adapting to and mitigating these impacts. This comprehensive handbook provides a thorough review of current thinking about marine environmental governance, including law and policy, in the context of global environmental change. Initial chapters describe international law, regimes, and leadership in marine environmental governance, in the process considering how existing regimes for climate change and the oceans should and can be coordinated. This is followed by an exploration of the role of non-state actors, including scientists, nongovernmental organisations, and corporations. The next section includes a collection of chapters highlighting governance schemes in a variety of marine environments and regions, including coastlines, islands, coral reefs, the open ocean, and regional seas. Subsequent chapters examine emerging issues in marine governance, including plastic pollution, maritime transport, sustainable development, environmental justice, and human rights. Providing a definitive overview, the Routledge Handbook of Marine Governance and Global Environmental Change is suitable for advanced students in marine and environmental governance, ​environmental law and policy, and climate change, as well as practitioners, activists, stakeholders​, and others concerned about the world’s oceans and seas.

Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures

Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures PDF Author: Henrik Ringbom
Publisher: BRILL
ISBN: 9004399577
Category : Law
Languages : en
Pages : 104

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Book Description
New technologies are being introduced to address the eutrophication of the Baltic Sea. By removing or chemically treating the seabed sediments, or by mechanically increasing oxygen levels in the deep sea, it is hoped that leakage of phosphorus from the seabed can be reduced. The effectiveness of such technologies is uncertain and they are scientifically controversial. Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures explores a number of legal issues under international, European and national law raised by such 'sea-based measures' aimed at improving the environment of the Baltic Sea. In the absence of a legal framework for the measures, the work also represents a case study in how international environmental law operates when general environmental law principles represent the main legal source available. It is concluded that in view of the scientific uncertainty surrounding the technologies, such principles do not offer sufficient guidance to national permit authorities who will ultimately decide on the matter.

Environmental Governance of the Baltic Sea

Environmental Governance of the Baltic Sea PDF Author: Michael Gilek
Publisher: Springer
ISBN: 3319270060
Category : Technology & Engineering
Languages : en
Pages : 265

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Book Description
This edited volume presents a comprehensive and coherent interdisciplinary analysis of challenges and possibilities for sustainable governance of the Baltic Sea ecosystem by combining knowledge and approaches from natural and social sciences. Focusing on the Ecosystem Approach to Management (EAM) and associated multi-level, multi-sector and multi-actor challenges, the book provides up-to-date descriptions and analyses of environmental governance structures and processes at the macro-regional Baltic Sea level. Organised in two parts, Part 1 presents in-depth case studies of environmental governance practices and challenges linked to five key environmental problems - eutrophication, chemical pollution, overfishing, oil discharges and invasive species. Part 2 analyses and compares governance challenges and opportunities across the five case studies, focusing on governance structures and EAM implementation, knowledge integration and science support, as well as stakeholder communication and participation. Based on these cross-case comparisons, this book also draws a set of general conclusions on possible ways of improving the governance of the Baltic Sea by promoting what are identified as vital functions of environmental governance: coordination, integration, interdisciplinarity, precaution, deliberation, communication and adaptability.

The EU and the Baltic Sea Area

The EU and the Baltic Sea Area PDF Author: Allan Rosas
Publisher: Bloomsbury Publishing
ISBN: 1509956263
Category : Law
Languages : en
Pages : 289

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Book Description
This book explores the role of the European Union (EU) in the cooperation and regulation of the Baltic Sea Region (BSR), from both an institutional and substantive perspective. It particularly focuses on the role of the Union in advancing the broader marine governance framework in the region. Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSR cooperation and regulation, and what is the importance and substantive outcome of the Union's specific role in this respect? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region, in terms of substance as well as procedure, and what is the influence of the BSR over the EU? These questions are discussed from different perspectives by leading experts in both the fields of EU law and the law of the BSR.

Legal Design for Social-Ecological Resilience

Legal Design for Social-Ecological Resilience PDF Author: Brita Bohman
Publisher: Cambridge University Press
ISBN: 1108840175
Category : Law
Languages : en
Pages : 253

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Book Description
An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.

The Environmental Rule of Law for Oceans

The Environmental Rule of Law for Oceans PDF Author: Froukje Maria Platjouw
Publisher: Cambridge University Press
ISBN: 1009253735
Category : Law
Languages : en
Pages : 415

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Book Description
Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.

Maritime Security Law in Hybrid Warfare

Maritime Security Law in Hybrid Warfare PDF Author: Alexander Lott
Publisher: BRILL
ISBN: 9004707999
Category : Law
Languages : en
Pages : 417

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Book Description
‘This is the essential book today for understanding maritime security law” -Prof. James Kraska (US Naval War College & Harvard Law School) The recrudescence of great power competition at sea raises several legal problems. Maritime Security Law in Hybrid Warfare brings together authors from various fields of international law to address such challenges in the legal intersection between naval war, military activities, maritime law enforcement, and hybrid warfare. This book explores the means for increasing legal resilience against the emerging trend of weaponization of commercial ships, underwater cables and pipelines, lawfare, and migration by hybrid adversaries.

Demilitarization and International Law in Context

Demilitarization and International Law in Context PDF Author: Sia Spiliopoulou Åkermark
Publisher: Routledge
ISBN: 1351605526
Category : Law
Languages : en
Pages : 212

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Book Description
The demilitarisation and neutralisation of the Åland Islands is a confirmation of, and an exception to, the collective security system in present-day international affairs. Its core idea is that there is no need for military presence in the territory of the islands and that they are to be kept out of military activities. A restricted use of military force has a confidence building effect in cases where competing interests may be so intense that banning the very presence of military force remains the only viable option. The regime of the Åland Islands is the result of pragmatic and contingent political compromises. As such, the case of the Åland Islands offers an alternative trajectory to the increased militarisation we witness around the world today. Through parliamentary and archival materials, international treaties and academic works, the authors examine the legal rules and institutional structures of the demilitarisation regime. In this process they reassess core concepts of international law and international affairs, such as sovereignty and security, and introduce a theoretical view on the empirical case study of the Åland Islands. The book covers legal, political and policy discursive aspects of demilitarisation, international co-operation, defence and security matters around the Baltic Sea with a broader European and global relevance. It can be a source of inspiration for all those in search of constructive efforts that can address territorial disputes and security challenges.

International Law of Underwater Cultural Heritage

International Law of Underwater Cultural Heritage PDF Author: Kim Browne
Publisher: Springer Nature
ISBN: 3031105680
Category : Law
Languages : en
Pages : 726

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Book Description
This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.