{"title":"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》","authors":"J. Lowther","doi":"10.1177/14614529231168991","DOIUrl":null,"url":null,"abstract":"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","PeriodicalId":52213,"journal":{"name":"Environmental Law Review","volume":"16 1","pages":"193 - 195"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Book Review: Research Handbook on Ocean Governance Law by Simone Borg, Felicity G Attard and Patricia Mallia Vella de Fremeaux\",\"authors\":\"J. Lowther\",\"doi\":\"10.1177/14614529231168991\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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. 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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