Unconventional Lawmaking in the Law of the Sea

Kevin McVeigh, The Law Society The major strength of this book is in the analysis of the interaction between formal and informal lawmaking. It will be of value to anyone interested in how lawmaking is constantly evolving to deal with the challenges of the modern age.

Sara L. Seck, Ocean Yearbook This collection of 18 chapters makes a significant contribution to the literature both in terms of its deep dive into discrete areas within the law of the sea, and in terms of the lessons that emerge from the collection as a whole for understanding the relationship between informal law-making and conventional treaty law....The editor and all authors are to be congratulated for the meticulous detail evident in each chapter. This will provide food for thought for much subsequent contemplation and theorizing in the years to come.

Dr. Natalie Klein is a Professor at UNSW Sydney's Faculty of Law, Australia, and an Australian Research Council Future Fellow. She was previously Dean of Macquarie Law School (2011-2017) and Acting Head of the Department for Policing, Intelligence and Counter-Terrorism at Macquarie University (2013-2014). Prior to joining Macquarie, Professor Klein worked in the international litigation and arbitration practice of Debevoise & Plimpton LLP, served as counsel to the Government of Eritrea (1998-2002) and was a consultant in the Office of Legal Affairs at the United Nations. She is a Fellow of the Australian Academy of Law.

Judge Elsa Kelly: Foreword Natalie Klein: Preface Part I - Introduction 1: Natalie Klein: Meaning, Scope, and Significance of Informal Lawmaking in the Law of the Sea Part II - Maritime Security 2: Judge Liesbeth Lijnzaad: The San Remo Manual on the Law of Naval Warfare - from Restatement to Development? 3: Ambassador Marie Jacobsson and Natalie Klein: Piracy off the Coast of Somalia and the Role of Informal Lawmaking 4: Irini Papanicolopulu: Informal Lawmaking in Maritime Migration 5: Yurika Ishii: Unconventional Lawmaking and International Cooperation on Illegal Bunkering at Sea Part III - Shipping 6: Zhen Sun: Unconventional Lawmaking in the Compliance Mechanism for the International Regulation of Shipping 7: Anna Petrig: Unconventional Law for Unconventional Ships? The Role of Informal Law in the International Maritime Organization's Quest to Regulate Maritime Autonomous Surface Ships 8: Natalie Klein: The Use of Informal Agreements to Enhance Navigational Safety Part IV - Marine Resources, Research, and Technology 9: Seline Trevisanut: Unconventional Lawmaking in the Offshore Energy Sector: Flexibilities and Weaknesses of the International Legal Framework 10: Tara Davenport: Formal and Informal Lawmaking by the International Seabed Authority: An Artificial Distinction? 11: Zoe Scanlon: The Significance of Informal Lawmaking in International Fisheries Law 12: Chie Kojima: Marine Scientific Research and Informal Lawmaking 13: Erika Techera: The Role of Informal Lawmaking in Facilitating Marine Technology Transfer and Data Sharing Part V - Marine Environment 14: Anastasia Telesetsky: The Sustainable Development Goals and Informal Lawmaking Processes: How a Voluntary Initiative Sets International Standards for Governments and the Private Sector 15: Rosemary Rayfuse: Informal International Lawmaking as a Panacea in the Absence of Regime Focus? Marine Debris, Plastics, and Microplastics 16: Karen Scott: Unconventional Lawmaking in the Law of the Sea and Area-based Conservation Measures 17: Nilufer Oral and Tutku Bektas: Sea-Level Rise and the Law of the Sea: Filling the Legal Gaps through Informal Lawmaking Part VI - Conclusion 18: Ellen Hey: Informal Lawmaking and the Future of the Law of the Sea: Developing Legal Infrastructure and Regulating Human Activity