Who Rules the Waves?: Piracy, Overfishing and Mining the Ocean

Hardcover
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Author: Denise Russell

ISBN-10: 0745330053

ISBN-13: 9780745330051

Category: Legal History

With piracy raging in the Indian Ocean, international disputes over undersea oil and gas, and chronic overfishing, the oceans have rarely been subject to such varied and environmentally damaging conflict outside a world war. In Who Rules the Waves? Denise Russell gives us a rare insight into these issues and how they could be resolved.\ International law states that a coastal country has territorial rights for 12 miles into the sea beyond its coastline, and economic rights for 200 miles, but...

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With piracy raging in the Indian Ocean, international disputes over undersea oil and gas, and chronic overfishing, the oceans have rarely been subject to such varied and environmentally damaging conflict outside a world war. In Who Rules the Waves? Denise Russell gives us a rare insight into these issues and how they could be resolved.International law states that a coastal country has territorial rights for 12 miles into the sea beyond its coastline, and economic rights for 200 miles, but in practice many countries have virtually no control over their own waters, and there is no international agency powerful enough to settle disputes. Russell provides a thorough examination of the politics of the sea, showing that without a radical change in ocean governance, accelerating climate change and overuse of the sea's resources is likely to have catastrophic effects.

List of Figures and Tables ixAcknowledgements xIntroduction 11 Freedom of the Seas 6Early attempts to close off the seas 6Pirates, privateers and the domination of the seas 7Grotius' arguments for freedom of the seas 14Replies to Grotius defending closure of the seas 17Limits to freedom of the seas 21Grotius' principles in the current law of the sea 23Climate change, rising sea levels and the displacement of island communities 262 Underwater Non-living Resources 29Who has a claim? 29Antarctica and the Southern Ocean 32The Arctic Ocean 33Ecological threats from oil and gas activities in the Arctic 35Stresses on the Arctic from climate change 40Ocean acidification 43Different ways of valuing the polar regions 453 Underwater Cultural Heritage 47What is underwater cultural heritage? 47Salvage Laws 49Treasure salvors and ownership 51National ownership 52Common heritage 554 Modern Piracy and Terrorism on the Sea 60The Alondra Rainbow 60The law of the sea and contemporary piracy 61Why piracy now? 67The rise of piracy in Somalia 70Pirate attacks on private boats 75Terrorism on the sea 765 The Fishing Wars 84The cod wars 84The turbot war 88Fish piracy 92Threats to fish populations from climate change and ocean acidification 100The war on fish 1006 Cetaceans and the Sea 105Whales and dolphins 105Cetaceans and morality 107Threats facing cetaceans 108Protection agencies 1177 Sea Gypsies 121Sea gypsies: people without an address or 'names that can be found in books' 121The sea as home 128Threats to sea-gypsy cultures 132Sea borders, shark fishing and cultural survival 1348 Indigenous Sea Claims 137Ownership as belonging 137Contemporary attempts to assert ownership of the oceans by indigenous groups 140Australian High Court decisions on Sea Rights 142Indigenous sea rights and environmental threats 1489 Protection of the Oceans 150Ownership of coastal areas 150Ownership of international waters 153International ocean governance 158Implementation of a new ocean management regime 163Notes 165Index 186