Text

E-book Area-Based Management of Shipping : Canadian and Comparative Perspectives

---

Penilaian

---

This chapter introduces area-based management (ABM) in shipping against the historical and policy backdrop of control of international navigation in defined areas of ocean space, culminating with the development of the international law of the sea in the twentieth century. The problematique of ABM in shipping is set out as a deliberate and scientifically supported exercise guided by multiple factors, including how risks posed by ships and risks posed to ships are scientifically assessed and perceived by regulators, rightsholders, stakeholders, and the public at large. Finally, the chapter describes the book’s purposes, approach, research con-text, structure, and chapters. The idea of control over shipping in a defined area of ocean space is an ancient one and predates the emergence of the law of the sea in the seventeenth century. The Greek historian Polybius recounted how in the Second Punic War the Roman and Carthaginian empires agreed on a dividing line in the middle of the Mediterranean Sea which their ships were not permitted to cross (Chircop, 2006). The idea was classically captured by the great debate between mare liberum and mare clausumsowing the seeds of the future international law of the sea. In 1609, Hugo Grotius argued that “[b]y the Law of Nations navigation is free to all persons whatsoever,” and subsequently John Locke, in considering fishing, referred to “the Ocean, that great and still remaining Common of Mankind” and argued for its exemption from appropriation (Grotius, 1609, chap 1; Locke, 1690, chap V s 30). In contrast, in 1635, John Selden argued for mare clausum, subjecting the sea to the exercise of sovereignty and exclusive use, followed subsequently by Cornelius van Bynkershoek, who in 1703 argued on the dominion of the sea (Selden, 1635; van Bynkershoek, 1703). The concepts of an “open” sea for the free use by all and the “closed” sea subject to control were central to the development of the fundamental rights and responsibilities of flag States to have their ships navigate freely and the ability of coastal States to control international shipping in marine areas within their jurisdic-tion. More than three and half centuries later, the outcome was a delicate balance between coastal State and international navigation rights enshrined in the constitu-tion for the world ocean, the United Nations Convention on the Law of the Sea, 1982 (UNCLOS, 1982).In setting out the rules on jurisdiction over ships and ocean space, UNCLOS established a framework for the regulation of international shipping, including through area-based management (ABM). ABM consists of a suite of tools for the spatial organization and control of ocean space in achieving defined policy and planning goals, such as sustainability, conservation, safety, and public order at sea. Most of these tools regulate accessibility and mobility at sea by a wide variety of classes of vessels, which in turn are subject to international rules and standards. Within the UNCLOS framework, the International Maritime Organization (IMO), created by a separate earlier convention in 1948, is designated as the competent intergovernmental organization for international shipping, and by implication, empowering it to regulate navigation and shipping, include through ABM.

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

625.1 APO a

Penerbit

Switzerland : Springer Nature., 2024

Deskripsi Fisik

373 hlm

Bahasa

English

ISBN/ISSN

9783031600531

Klasifikasi

625.1

Tipe Isi

text

Tipe Media

computer

Tipe Pembawa

online resource

Edisi

-

Subjek

Road Engineering

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar