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Full-Text Articles in Law

Modalities For Advancing Cross-Sectoral Cooperation In Managing Marine Areas Beyond National Jurisdiction, Kristina Gjerde, Jeff Ardron, Sarah Gotheil, Quentin Hanich, Francois Simard, Robin Warner, Patricio Bernal, Serge Garcia, Jihyun Lee, Michael Lodge, Imen Meliane, Jake Rice, Jessica Sanders Dec 2012

Modalities For Advancing Cross-Sectoral Cooperation In Managing Marine Areas Beyond National Jurisdiction, Kristina Gjerde, Jeff Ardron, Sarah Gotheil, Quentin Hanich, Francois Simard, Robin Warner, Patricio Bernal, Serge Garcia, Jihyun Lee, Michael Lodge, Imen Meliane, Jake Rice, Jessica Sanders

Robin Warner

[extract] Introduction 1. This report provides information and advice to the Secretariats and Member States of Regional Seas Conventions & Action Plans (RSCAPs) on modalities for advancing crosssectoral cooperation to progress internationally agreed conservation and sustainable use goals in marine areas beyond national jurisdiction.


Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner Dec 2012

Australia's Maritime Challenges And Priorities: Recent Developments And Future Prospects, Robin M. Warner

Robin Warner

Australia, witb its lengthy coastline, vast maritime jurisdiction and multiple offshore territories, undoubtedly fits the description of a maritime nation: but it was not until the issue of Australia's Oceans Policy in 1998 Ihat a comprehensive statement of Australia's maritime challenges and priorities emerged at the Federal Government level. The Oceans Policy arliculated a diverse array of challenges and priorities relating to Australia's maritime interests, including the conservation of marine biological diversity, the maintenance of ecologically sustainable fisheries, the prevention of marine pollution, the development of lhe offshore petroleum and minerals industry, the definition or Australia's maritime juridiction and the …


Tools To Conserve Ocean Biodversity: Developing The Legal Framework For Environmental Impact Assessment In Marine Areas Beyond National Jurisdiction, Robin Warner Dec 2012

Tools To Conserve Ocean Biodversity: Developing The Legal Framework For Environmental Impact Assessment In Marine Areas Beyond National Jurisdiction, Robin Warner

Robin Warner

Several decades of endeavor since the 1972 Stockholm Declaration on the Human Environment have produced an established international law framework for the protection of the marine environment with the focal point being Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC), supplemented by complementary instruments on international environmental law and an evolving body of customary international law principles. Substantial jurisdiction with some collaboration between states in differenct regions to promtect the marine environment across national boundaries. The regulatory framework for environmental protection in marine areas beyond national jurisdiction is at a much earlier stage …


Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner Dec 2012

Oceans Beyond Boundaries: Environmental Assessment Frameworks, Robin M. Warner

Robin Warner

The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives …


Designing Criteria Suites To Identify Discrete And Networked Sites Of High Value Across Manifestations Of Biodiversity, Robin M. Warner, E Gilman, K D Hyrenbach, D Dunn, A Read Jul 2012

Designing Criteria Suites To Identify Discrete And Networked Sites Of High Value Across Manifestations Of Biodiversity, Robin M. Warner, E Gilman, K D Hyrenbach, D Dunn, A Read

Robin Warner

Suites of criteria specifying ecological, biological, social, economic, and governance properties enable the systematic identification of sites and networks of high biodiversity value, and can support balancing ecological and socioeconomic objectives of biodiversity conservation in terrestrial and marine spatial planning. We describe designs of suites of ecological, governance and socioeconomic criteria to comprehensively cover manifestations of biodiversity, from genotypes to biomes; compensate for taxonomic and spatial gaps in available datasets; balance biases resulting from conventionally-employed narrow criteria suites focusing on rare, endemic and threatened species; plan for climate change effects on biodiversity; and optimize the ecological and administrative networking of …


Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner Jul 2012

Charting A Sustainable Course Through Changing Arctic Waters, Robin Warner

Robin Warner

As the Arctic ice recedes, the opportunities for all year round routing of merchant shipping through Arctic waters rise. The freeing up of Arctic waters may also attract increased numbers of scientific research vessels servicing oil and gas installations, foreign fishing vessels and warships. The prospect of major navigational channels opening up in this region brings risks to a pristine Arcti environment and its indigenous inhabitants. This article highlights the threats posed to the species, habitats and ecosystems of Arctic waters from increased shipping transits of the region including the potential for increased vessel source discharges of noxious and hazardous …


Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner Jul 2012

Securing A Sustainable Future For The Oceans Beyond National Jurisdiction: The Legal Basis For An Integrated Cross-Sectoral Regime For High Seas Governance For The 21st Century, Rosemary Rayfuse, Robin M. Warner

Robin Warner

The legal regime for the high seas is fragmented both sectorally and geographically and is incomplete. Governance, regulatory, substantive and implementational gaps in the legal framework serve to limit the effectiveness of the high seas regime in securing a sustainable future for the conservation and use of the high seas environment and its resources. A global approach to further developing the high seas regime based on the concept of international public trusteeship for the oceans beyond national jurisdiction could foster environmentally responsible use of of the high seas and its resources and ensure the application of modern conservation principles and …


Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner Jul 2012

Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner

Robin Warner

As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …


Preserving A Balanced Ocean: Regulating Climate Change Mitigation Activities In Marine Areas Beyond National Jurisdiction, Robin M. Warner Jul 2012

Preserving A Balanced Ocean: Regulating Climate Change Mitigation Activities In Marine Areas Beyond National Jurisdiction, Robin M. Warner

Robin Warner

The damaging effects of anthropogenically induced climate change on both the terrestrial and marine environments have been acknowledged by a succession of expert reports commissioned by global and national bodies. This recognition has spawned heightened levels of activity by scientists, engineers and entrepreneurs to mitigate the adverse effects of climate change. Multiple schemes have been suggested to ameliorate the adverse effects of climate change on the environment caused by the burning of fossil fuels and other greenhouse gas emissions including enhanced schemes to remove carbon dioxide from the atmosphere. The ability of the ocean to absorb rising levels of carbon …