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Title: Evolutionary international regime for the production of the marine environment under the United Nations Convention on the Law of the Sea
Author: Jung Hai-ung, J.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2003
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Abstract:
The marine environment is under stress from marine pollution, over-exploitation of marine living resources and over-exploitation of the coastal zones caused by the ever intensifying human activities in the sea. Perceiving the problem of the degradation of the marine environment, international society has established a variety of international legal regimes with a view to resolving this problem. Since the United Nations Convention on the Law of the Sea (the 1982 UNCLOS) is internationally recognized as the international basis for the protection and sustainable development of the marine and coastal environment and its resources, the regime for the protection of the marine environment established thereunder constitutes a framework for different international regimes for the protection of the marine environment. In analyzing international regimes, regime theory can be used as a theoretical tool. A regime is a norm-based institution composed of a set of substantives norms, procedural rules and behavioural aspects (convergent expectations and compliance) in a given issue area. Since any legal regime evolves with the passage of time, a theory of evolution of legal regimes can be built up by identifying different mechanisms of evolution, such as amendments, additional agreements, evolutionary interpretation, rules of reference, sub-regimes. With these two sets of theoretical tools, the regime for the protection of the marine environment under the 1982 UNCLOS is analyzed in this thesis, by reviewing its components and their relations with those in other regimes. Chapter 1 presents the nature of the issue-area of the protection of the marine environment. Chapter 2 presents regime theory with a view to applying it to the analysis of the regime for the protection of the marine environment under the 1982 UNCLOS. In Chapter 3, evolutionary mechanisms of the regime under the 1982 UNCLOS are examined. In Chapter 4, substantive norms of the regime (principles and rules) are examined in the light of the theory of evolution of legal regimes. In Chapter 5, procedural and behavioural aspects, i.e. decision-making procedures, convergent expectations, and compliance system under the regime are examined also in the light of the theory of evolution of legal regimes.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.653169  DOI: Not available
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