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Unconventional Lawmaking in the Law of the Sea

Natalie Klein editor

Format:Hardback

Publisher:Oxford University Press

Published:17th Mar '22

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Unconventional Lawmaking in the Law of the Sea cover

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

The major strength of this book is in the analysis of the interaction between formal and informal lawmaking. It will be of value to anyone interested in how lawmaking is constantly evolving to deal with the challenges of the modern age. * Kevin McVeigh, The Law Society *
This collection of 18 chapters makes a significant contribution to the literature both in terms of its deep dive into discrete areas within the law of the sea, and in terms of the lessons that emerge from the collection as a whole for understanding the relationship between informal law-making and conventional treaty law....The editor and all authors are to be congratulated for the meticulous detail evident in each chapter. This will provide food for thought for much subsequent contemplation and theorizing in the years to come. * Sara L. Seck, Ocean Yearbook *

ISBN: 9780192897824

Dimensions: 256mm x 178mm x 32mm

Weight: 980g

464 pages