New Approaches to the Law of the Sea (In Honor of Ambassador José Antonio de Yturriaga-Barberán)


Pablo Antonio Fernández Sánchez (Editor)
University of Seville, Seville, Spain

Series: Law, Crime and Law Enforcement
BISAC: LAW066000

New scenarios present in the sea require new legal and political approaches, because the rules governing these spaces have been out of place or new rules have arisen that require mitigation. Old aspects require new interpretations without prejudice of new uses not foreseen or contemplated in the frame of the Law of the Sea. In fact, many frustrations have been raised in this framework, because the Law of the Sea has been unable to give an answer to some of the expectations for which the United Nations Law of the Sea Convention was adopted. New doctrines and new interpretations have appeared to such an extent that experts hardly know whether they are going to lead them to a new system or to the modification of the present one.

The part of the Law of the Sea that has been the most developed, but which has provoked greater problems at the same time has been the delimitation of maritime spaces, which has generated a new concept of states’ frontiers beyond the classical conception. This book analyses different aspects of marine delimitation.

Concerning the environment, the authors focus on the analysis on the climatic change, where they have found a world of possibility to be explored. Everybody is aware that seas and oceans are the greatest dumping grounds of CO2 on Earth. Readers will easily understand that the global warming taking place is due to the lack of absorption by seas and oceans. Even more so, this provokes more storms and marine upheavals, which in turn cause the carbon deposited on the seabed to be moved and transferred to the surface, and this prevents a greater absorption of the atmospheric CO2.

Finally, this book studies some social, economic and humanitarian problems affecting these maritime spaces; one has to take into consideration the new uses, the new frauds and the new dimensions that have created problems which did not exist before. In this case, the book explores sustainable fisheries and marine biodiversity, the management of marine living resources, the trafficking of persons and smuggling of migrants, the problems concerning Antarctica and the protection of underwater cultural heritage.

Table of Contents

Table of Contents

Biography and Bibiography of José Antonio de Yturriaga

List of Contributors

Introduction of José Antonio de Yturriaga

General Introduction

PART I. General Aspects

Chapter 1. Our Dreams, Frustrations and Unedited Facts Surrounding the Negotiations of the Third UN Conference on the Law of the Sea
José Luis Vallarta Marrón (Ambassador of Mexico)

Chapter 2. A Canadian Looks Back at the Third United Nations Convention on the Law of the Sea Thirty Years Later
Armand de Mestral (C.M. Emeritus Professor of Law, McGill University of Montreal, Montreal, Canada)

Chapter 3. The Dry-Shore Doctrine
Pablo Antonio Fernández Sánchez (Professor of Public International Law and International Relations, University of Seville, Seville, Spain)

Chapter 4. Gibraltar: Adjacent Waters to the Territory Yielded by Spain
Araceli Mangas Martín (Professor of Public International Law and International Relations, Complutense University of Madrid, Madrid, Spain)

Chapter 5. The Concept of an Island in the Montego Bay Convention and Japanese Claims in Okinotorishima
Carmen Tirado Robles (Professor of Public International Law, University of Zaragoza, Zaragoza, Spain)

Chapter 6. Quo Vadis ITLOS?
María del Luján Flores and Carlos Sapriza (Profesor of Public International Law, University of Montevideo, Montevideo, Uruguay, and others)

Chapter 7. The Advisory Function of the International Tribunal for the Law of the Sea as a Full Court and the Excessive Expansion of Its Jurisdiction
José Martín y Pérez de Nanclares (Professor of Public International Law, University of Salamanca, Salamanca, Spain, and others)

Chapter 8. Marine Scientific Research under the Control of Coastal States
Rafael CasadoRaigón (Professor of Public International Law of Córdoba University, Córdoba, Spain)

PART II. Marine Delimitations

Chapter 9. The Obligations of the Parties under the Law of the Sea Convention Pending the Final Settlement of a Maritime Delimitation Dispute over the Continental Shelf
Edgardo Sobenes and Claudia Loza (Counsellor at the Embassy of Nicaragua to the Netherlands and Assistant Counsel to the Nicaraguan Legal Team, Central American University (UCA) of Managua, Managua, Nicaragua, and others)

Chapter 10. The Use of Technical Experts by the International Court of Justice for Disputes Concerning the Law of the Sea
Philippe Couvreur (Registrar of the International Court of Justice)

Chapter 11. On Maritime Boundaries in the Gulf of Mexico and Adjacent Areas in the Caribbean
Juan Manuel de Faramiñán Gilbert (Professor of Public International Law and International Relations, Jaen University, Jaén, Spain)

Chapter 12. The Outer Limit of the Continental Shelf in the Recent International Jurisprudence
Frida Armas Pfirter (Professor of International Law at Buenos Aires University, Buenos Aires, Argentina)

PART III. Environment and Law of the Sea

Chapter 13. Looking for Oil around the Canary Islands: International Law and Politics in a Domestic Political Environment
Manuel Medina Ortega (Emeritus Professor of International Law and International Relations, Universidad Complutense, Madrid, Spain)

Chapter 14. Channelling of the International Responsibility in Case of Damage to the Oceans and Seas as a Result of Climate Change
Zlata Drnas Clément (Professor of Public International Law, University of Córdoba, Córdoba, Argentina)

Chapter 15. The International Regime on Dumping at Sea and Climate Change Mitigation: Developments Concerning Carbon Dioxide Capture and Storage in Sub-Seabed Geological Formations
José Juste-Ruiz (Professor of Public International Law and International Relations, University of Valencia, Valencia, Spain)

Chapter 16. The Law of the Sea and the Acidification of the Ocean
Annick de Marffy-Mantuano (Former Director of the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs, United Nations, New York, and others)

Chapter 17. The Protection of the Antarctic Environment
Adela Rey Aneiros (Professor of Public International Law, Faculty of Law, University of La Coruña, A Coruña, Spain)

PART IV. Social, Economic, Cultural & Human Aspects and the Law of the Sea

Chapter 18. Sustainable Fisheries and Marine Biodiversity Conservation in Areas beyond National Jurisdiction
Jorge Pueyo Losa and María Teresa Ponte Iglesias (Professor of Public International Law and International Relations, University of Santiago de Compostela, Santiago, Spain)

Chapter 19. The Use of Trade-Related Measures as a Means of Promoting the Sustainable Management of Marine Living Resources
Julio Jorge Urbina (Professor of Public International Law , University of Santiago de Compostela, Santiago, Spain)

Chapter 20. The Trafficking of People and Smuggling of Migrants at Sea: New Approaches at the European Level
María Esther Salamanca Aguado (Professor of International Law, University of Valladolid, Valladolid, Spain)

Chapter 21. The Law of the Sea and Antarctica: Effectiveness and Perspectives
María Teresa Infante Caffi (Ambassador of Chile)

Chapter 22. The Protection of Underwater Cultural Heritage from the Perspective of International Law
Carmen Parra Rodriguez (Professor of International Law, University Abat Oliba of Barcelona, Barcelona, Spain)

Chapter 23. The Scientific and Technical Advisory Body for the Protection of the Underwater Cultural Heritage
Tullio Scovazzi (Professor of International Law, University of Milano, Bicocca, Milan, and others)


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