Yoshifumi Tanaka is Professor of International Law with Specific Focus on the Law of the Sea at the Faculty of Law, University of Copenhagen. He is the single author of five books: Predictability and Flexibility in the Law of Maritime Delimitation (2006; 2nd edition, 2019), A Dual Approach to Ocean Governance (2008), The International Law of the Sea (2012; 2nd edition, 2015), The Peaceful Settlement of International Disputes (Cambridge, 2018), and The South China Sea Arbitration (2019). He has published widely in the fields of the law of the sea, international environmental law and peaceful settlement of international disputes.
Traditionally, international law of the sea has been based on the zonal approach. The traditional approach purports in essence to divide the ocean into several jurisdictional spaces on the basis of two opposing principles, namely, the principle of sovereignty and the principle of freedom. It is now apparent, however, that the traditional zonal approach is insufficient to resolve the problems encountered in the management of ocean space. Hence, the need for a new integrated management approach is increasingly emphasised in international instruments as well as in the opinions of writers. Nevertheless, it appears that the concept of the integrated management approach remains obscure in international law. Thus, this study purports to examine this concept at three levels: the ecological, normative and implementation levels. Finally, on the basis of these considerations, this study will present a perspective that the international law of the sea should be considered as a dialectic legal system between the zonal approach and the integrated management approach.
Yoshifumi Tanaka is Professor of International Law with specific focus on the law of the sea at the Faculty of Law, University of Copenhagen. He has taught international law of the sea at several different universities and has also published widely in this field.
Dr. Yoshifumi Tanaka is Professor of International Law with a specific focus on the law of the sea, at the Faculty of Law, University of Copenhagen, Denmark. He holds a DES and a PhD from the Graduate Institute of International Studies, Geneva and a LLM from Hitotsubashi University, Tokyo. He has authored five books including, Predictability and Flexibility in the Law of Maritime Delimitation (Hart Publishing 2006; 2nd edn 2019), A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in International Law of the Sea (Ashgate 2008), The International Law of the Sea (1st edition, Cambridge University Press 2012; 3rd edn 2019; 4th edn forthcoming), The Peaceful Settlement of International Disputes (Cambridge University Press 2018), and The South China Sea Arbitration: Toward an International Legal Order in the Oceans (Hart Publishing, 2019). He has published widely in the fields of the law of the sea, international environmental law and peaceful settlement of international disputes.
Charles H. Norchiis the Benjamin Thompson Professor of Law and Director of the Center for Oceans and Coastal Law in the University of Maine School of Law where he teaches public international law, the law of the sea, international human rights and Arctic law. Dr. Norchi worked as a journalist in Afghanistan, served as Fulbright Arctic Scholar in Iceland, Human Rights Fellow at Harvard Law School and Myres S. McDougal and Ford Foundation Fellow at Yale Law School. He is contributing editor to Global Geneva and The Journal of the North Atlantic & Arctic, co-President of the Arctic Futures Institute, co-Chair of the Institute for Law and Development Policy, a Fellow of the World Academy of Arts and Sciences and a Fellow of the Explorers Club. Professor Norchi holds academic degrees from Harvard University, Case Western Reserve University School of Law and Yale Law School.
Yoshifumi Tanaka is Professor of International Law with specific focus on the law of the sea at theFaculty of Law, University of Copenhagen, Denmark, and a member of Centre for EnterpriseLiability (CEVIA). He holds a DES and a PhD from the Graduate Institute of International Studies,Geneva (currently the Graduate Institute of International and Development Studies, Geneva) and aLLM from Hitotsubashi University, Tokyo. He is the single author of four books, i.e. Predictabilityand Flexibility in the Law of Maritime Delimitation (Hart 2006; 2 nd edn forthcoming), A DualApproach to Ocean Governance: The Cases of Zonal and Integrated Management in InternationalLaw of the Sea (Ashgate, 2008), The International Law of the Sea (2 nd edition, CambridgeUniversity Press, 2015; 3 rd edn forthcoming), and The Peaceful Settlement of International Disputes(Cambridge University Press, 2018). He has published widely in the fields of the law of the sea,international environmental law and peaceful settlement of international disputes.
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.
The literature on the Law of the Sea usually shares a common structure: a historical perspective of the use of the sea and the ocean; the negotiations during the Third UN Conference on the Law of the Sea; the UNCLOS provisions with special mention of rights and obligations of coastal states in exploring the sea and the ocean; the institutional system; and the rules in regard to marine scientific research, marine environmental protection, and the maritime zones delimitation. Most of the monographs also offer a detailed analysis of particular situations. Although the most recent monographs are vital for understanding the current maritime and territorial sovereignty claims, the systematic commentaries on the Convention may be interesting for those who are looking for a global perspective. A good starting point is Dupuy 1991, which makes a systematic analysis of the approved Law of the Sea in 1982. Treves 1990 is particularly useful for those wanting to understand how the catalogue of maritime zones defined by international law and practice has evolved so considerably. Harrison 2011 gives a basic account of the legal framework within which all activities in the oceans and seas must be carried out. Nordquist, et al. 2011, together with its supplementary documents (Nordquist 2012), provides a broad analysis of UNCLOS framework, although states have had to develop detailed rules and standards to regulate a particular activity, as explained in Tanaka 2015. Scovazzi argues in his General Course at The Hague Academy that the erosion of the principle of freedom of the sea has become definitely the main trend in the evolution of the international law of the sea (Scovazzi 2000). Most recently, Rothwell and Stephens 2016 presents a new systematic analysis of the UNCLOS regime including the relevant case law. Edited books are also very common. Sobrino Heredia 2014 presents different opinions on various marine zones, their delimitation problems, and the new technological trends. Del Castillo 2015 explores a more suitable analysis for scholars who pursue a more concise study of the evolution of the Law of the Sea and the most recent problems. Finally, Rothwell, et al. 2015 provides a coherent exposition and comprehensive analysis of the current debates and controversies of the Law of the Sea, both theoretical and practical. 1e1e36bf2d