THE LAW OF THE SEA AND EMERGING ISSUES-海洋法前沿-新议题与新挑战-英文 内容简介

　　为探讨国际海洋法的新议题和新挑战，促进学界对海洋法前沿问题的研究与交流，上海交通大学海洋法治研究中心联合上海高校智库、上海社会科学创新研究基地“国家海洋战略与权益研究基地”组织海洋法相关领域的专家和学者共同出版“The Law of the Sea and Emerging Issues”一书。　　《海洋法前沿：新议题与新挑战（英文版）》涵盖了气候变化对海洋的影响、海洋生物多样性、海洋环境保护、南北极地区域的治理及深海矿产资源的开发与规制等前沿问题。作者包括来自美国杜克大学、加拿大达尔豪斯大学、澳大利亚卧龙岗大学、韩国仁荷大学、皮尤慈善信托基金、华东政法大学等高校及研究机构的专家学者。

THE LAW OF THE SEA AND EMERGING ISSUES-海洋法前沿-新议题与新挑战-英文 目录

Editors' Note & Acknowledgments
List of Editors and Contributors
List of Abbreviations

Part I Climate Change Impact on the World Oceans
Chapter 1 The International Matidme Law Response to Climate Change：
The Quest for the Shipping Industry's "Fair Share" of GHG
Emissions Reduction
Aldo CHIRCOP
Chapter 2 The International Law of the Sea： Implications of
Climate Change
Chris WHOMERSLEY
Chapter 3 International Progress of Ocean Governance in Areas
beyond National Jurisdiction ： A Literature Review
Shuguang ZJU ， Peng YIN ， Peili DUAN

Part II Marine Environment and Biodiversity Protection
Chapter 4 Protecting Marine Biodiversity in Areas beyond National
Jurisdiction：Institutional Considerations for a New
International Agreement under United Nations
Convention on Law of the Sea
Andrew FRIEDMAN ， Nichola CLARK，Joan YANG ，
Kristina Maria GJERDE ， David FREESTONE，and HSnnie LA U
Chapter 5 Environmental Impact Assessment in Areas beyond
National Jurisdiction：Optiom for a New International
Agreement
Glen WRIGHT
Chapter 6 Towards Best Practice Management of Coral Reefs and
Marine Protected Areas in the South China Sea：
Challenges and Opportunities /83
Laurence McCOOK Jiansheng LIAN ， Xinming LEI，Zhu CHEN，
Guifang（Julia） XUE， Ling CAO， Shang CHEN， Put ANG，
Hui HUANG

Part III New Issues in Maritime Dispute Settlement
Chapter 7 Escalating Tensions or Enhanced Opportunities for
Maritime Cooperation in the East China Sea?
Seokwoo LEE
Chapter 8 The Impact of ICJ's Preliminary Decision on the Nicaragua
v． Colombia Case to the East China Sea
Maritime Boundary Disputes
Leonardo BERNARD
Chapter 9 Legal Effect of the Chinese Traditional Maritime Boundary
Line
Zhihua ZHENG

Part IV Governance of Polar Regions
Chapter 10 The Establishment of the Ross Sea Marine Protected Area
and Possible Implications
flanye TANG
Chapter 11 Time to Ask ：What can China Contribute to the
Arctic?
Yitong CHEN
Chapter 12 China and Antarctic Governance：An Emerging Power's
Interests and Responsibilities
Liu HE

Part V Development of Deep Seabed Mining Regime
Chapter 13 Effective Environmental Management of Deep Sea Mines
in Operations ：A Perspective from Industry
Chong WANG
Chapter 14 China's Deep Seabed Law：An Effective Tool for
Environmental Protection?
Xiangxin XU

THE LAW OF THE SEA AND EMERGING ISSUES-海洋法前沿-新议题与新挑战-英文 节选

　　《海洋法前沿：新议题与新挑战（英文版）》：　　1. IntroductionClimate change is one of the key challenges for mankind in the coming years. Despite the views of some poMcians,it is clear that the average temperature in our world is increasing and that the cause of that increase is in large part due to human activity. The impact of climate change will be particularly felt in the oceans,so what are the implications for the intemational law of the sea?　　If one looks at the United Nations Convention on the Law of the Sea （UNCLOS） ,the so-called " constitution of the oceans" ,which govems a large proportion of the activit:ies in the oceans,one would get the impression that geography is stable,that the physical world never changes. This is not so:geographers will say that the world is always in a state of change,even if that is not immediately apparent to non-specialists like me. But there is no doubt that the situation will be exacerbated by climate change. Most obviously,sea levels will rise,but climate change willlead to more extreme weather patterns,including more frequent storms and stronger waves; already the erosion of the coast in parts of southem England has been attributed to dus effect. So,how will the intemational law of the sea and especially UNCLOS be affected? Some impacts may develop widun a few years,whereas others may take decades to become apparent　　2. UNCLOS　　Most dramatically, some land features,which are currently inhabited, may become urunhabitable. Under Article 121 （ 3） of UNCLOS," rocks w'nich cannot sustain human habitation or economic life of their own" are not entided to an exclusive economic zone or to a continental shelf: But Article 121 does not provide for a situation where a feature which can,at the moment,sustain human habitation or economic life,subsequently becomes uninhabitable,perhaps because of rising sea levels,which nught flood the only agricultural land or contaminate the fresh water supply,or because of erosion,for example of the only safe landing for boats. Is the coastal State then obliged to withdraw its claims to an exclusive economic zone and a continental shelf ? There is no doubt that,having made such claims,States will be most reluctant to resile fiom them,and indeed Judge Jesus has argued that "a substantial rise in sea level,whatever the cause,should not entail the loss of States' ocean space and their rights over maritime resources,already recognized by the 1982 Convention and by the community of　　nations". Whilst one must of course sympathise with any State which is significantly affected by sea level rise,there must come a point where the geographical reality ofa situation becomes so divorced from the rustorical claims made by a coastal State that the latter will have to reconsider those claims. This is a theme wluch will be retumed to elsewhere in this paper.　　More generally,throughout UNCLOS a key criterion as to whether an activity is or is not pemussible is in what maritime zone it is taking place,and ultimately nearly all of these maritime zones are m,easured from the baselines established by coastal States. Under Article 5 of UNCLOS, " the normal baseline"is　　"the low-water line". There seems nothing in the travaux preparatoires of UNCLOS to suggest that the low-water Jine can change. Nevertheless,it is usually accepted that " the normal baseline is ambulatory, moving seaward to reflect changes to the coast caused by accretion,land rise,and the construction of human-made structures associated with harbour systems,coastal protection and land reclamation projects,and also landward to refiect changes caused by erosion and sea level rise" 2 Thus if,because of climate change,sea levels rise,the low-water line and therefore the baseline should move in a landward direction.　　……

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