A Dual Approach to Ocean Governance (Ashgate International by Yoshifumi Tanaka

By Yoshifumi Tanaka

Taking the North-East Atlantic ocean for example of local perform, this booklet addresses the twin method of ocean governance in foreign legislations. It examines the interplay among zonal and built-in administration methods and the conservation of marine residing assets and marine organic variety. The examine examines the restrictions of the conventional zonal process and indicates new probabilities for conformity among sovereign states, foreign legislation and sustainable improvement.

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Mann-Borgese is also supportive of this view. E. Mann-Borgese, ‘The Common Heritage of Mankind: From Non-Living To Living Resources and Beyond’, in N. Ando, E. McWhinney and R. Wolfrum (eds), Liber Amicorum Judge Shigeru Oda (The Hague, Kluwer, 2002) p. 1319. However, Hayashi is prudent on this point. He considered that it would be some time before the common heritage concept would replace the principle of freedom of fishing on the high seas, however limited the scope of its application would become.

Thuránszky (eds), The International Court of Justice: Its Future Role after Fifty Years (The Hague, Nijhoff, 1997) pp. 327–66. 92 ICJ Reports 1970, p. 32, para. 33. 93 ICJ Reports 1980, p. 43, para. 92. See also P-M. Dupuy, above note 90, pp. 251–2. 94 ‘A treaty is void, if at the time of its conclusion, it conflicts with a peremptory norm of general international law. ’ Tomuschat, above note 90, p. 227. W. Birnie and A. Boyle (eds), Basic Documents on International Law and the Environment (Oxford, Oxford University Press, 1995) pp.

Dictionnaire de droit, Tome I, 2nd edn (Paris, Dalloz, 1966) pp. 600–601. Yet, the concept of ‘domaine public international’ in international law relates, in essence, solely to spaces. Although Scelle referred to ‘biens’ (goods), his examples concerned only spaces. On this point, ‘domaine public’ in French law and ‘domaine public international’ in international law should be distinguished. 39 G. Scelle, Manuel élémentaire de droit international public (avec les Textes essentiels) (Paris, Les éditions Domat-Montchrestien, 1943) p.

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