书评:西蒙娜·博格、费利西蒂·G·阿塔德和帕特里夏·马里亚·维拉·德·弗雷莫合著的《海洋管理法研究手册》

Q2 Social Sciences Environmental Law Review Pub Date : 2023-06-01 DOI:10.1177/14614529231168991
J. Lowther
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引用次数: 0

摘要

一个受欢迎的除了埃尔加系列研究手册在环境法,这篇文章是令人信服的和及时的。处理熟悉的领域和新兴的主题当代的兴趣和关注,这本书是策划专业。它提供了社会经济的多样化和详细的检查,以及理论,驱动程序和结果的法律和政策在什么是越来越有争议的空间。这本书认识到跨学科的对话在框架的规范性机构,以面对这些许多和不同的挑战的重要性。因此,本书分为五个主题部分。虽然每个部分都有不同的重点,但也有明显的连通性,例如所提出的海洋系统和监管计划。由于主题的覆盖范围和范围,不可能在简短的评论中对本书中的所有内容进行全面的评估,因此请原谅任何遗漏或姓名检查。第一部分,蓝色空间的治理,对海洋治理的现行法律制度进行了反思。它是一个非常有效的场景设定者,概述了国际商定规范背后的基本原理,并对《联合国海洋法公约》(LOSC)规定的各种行动者之间的相互关系(包括争端解决)提供了清晰而详细的说明。第4章是一个突出的观点,它评估了科学研究在海洋环境中的作用。这既是《海洋法公约》的基础,也是随着我们对海洋过程的认识和认识的扩大,对律师和政策制定者至关重要的东西。确保为决策提供可靠的科学依据,为预防等原则的应用提供信息,并以生态系统为主导的治理方法,对于确保有利的结果至关重要。这些知识在利益攸关方之间交换和理解的方式是国家层面实施的关键决定因素。第二部分,蓝色星球的治理,为读者提供了专门针对污染和海洋生物资源保护的治理制度的见解。就前者而言,对船舶投入、倾倒和重要的陆地海洋污染源的讨论,为读者提供了对现行制度的重要评价。第7章中与塑料污染有关的更现代的问题和第8章中与人为海底噪声有关的问题为这些对海洋环境功能质量的紧迫污染威胁提供了丰富的材料和观点。在塑料污染的情况下,监管干预的图表为正在进行的联合国塑料污染条约谈判提供了有用的背景。噪音的影响- -特别是作为一个跨界环境污染问题- -正在缓慢地上升到议程上,并确定利用现有的措施和区域协定是至少在短期内可以改善缺乏具有国际约束力的措施的一种手段。第二部分以对复合体和书评的反思作为结语
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Book Review: Research Handbook on Ocean Governance Law by Simone Borg, Felicity G Attard and Patricia Mallia Vella de Fremeaux
A welcome addition to the Elgar series of Research Handbooks in Environmental Law, this text is compelling and timely. Dealing with both familiar territory and emergent themes of contemporary interest and concern, the book is curated expertly. It provides a diverse and detailed examination of the socio-economic, as well as doctrinal, drivers and outcomes of the law and policy in what is becoming increasingly contested space. The book recognises the importance of interdisciplinary dialogues in framing the normative apparatus to confront these many and varied challenges. In doing so, the book is arranged over five themed parts. While there is a distinct focus in each part, there is a discernible connectivity, as with the ocean systems and regulatory schemes which are presented. The coverage and range of subject matters make it impossible to give a thorough evaluation of everything within the book in a short review, so please forgive any omissions or name checks. The first Part, Governance of the Blue Space, reflects on the current legal regime in place for ocean governance. It is a very effective scene-setter, outlining the rationale behind the development of internationally agreed norms and providing clear and detailed accounts of the interrelationships between the various actors, including dispute resolution, as provided for in the UN Convention of the Law of the Sea (LOSC). A standout perspective is that in Chapter 4, which assesses the role of scientific research in the marine environment. It is something both underpinned by the LOSC and of critical importance to lawyers and policy makers as our knowledge and appreciation of marine processes expands. Ensuring a sound scientific basis to decisionmaking informing the application of principles such as precaution and an ecosystems-led approach to governance is vital in securing favourable outcomes. The means by which such knowledge is exchanged and appreciated between stakeholders is presented as a key determinant in State-level implementation. Part II, Governance of the Blue Planet, offers the reader insights into governance regimes specifically targeted towards pollution and the conservation of marine living resources. In the case of the former, the discussion of inputs from vessels, dumping and, importantly, land-based sources of marine pollution, offers the reader significant evaluation of the regimes currently in place. More contemporary issues related to plastic pollution in Chapter 7 and anthropogenic subsea noise in Chapter 8 provide a wealth of material and perspective on these pressing pollution threats to the functional quality of the marine environment. The charting of regulatory interventions in the case of plastic pollution provides a useful context to the on-going negotiations for a UN Treaty on plastic pollution. The impact of noise – specifically as a transboundary environmental pollution concern – is slowly creeping up the agenda and use of existing measures and regional agreements is identified as a means by which the lack of an internationally binding measure may, at least in the short term, be ameliorated. Part II concludes with a reflection on the complex and Book Review
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来源期刊
Environmental Law Review
Environmental Law Review Social Sciences-Law
CiteScore
1.30
自引率
0.00%
发文量
18
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