Laws of the Sea

Assembling scholars from distant disciplines and orientations, this book inaugurates a new subfield of critical marine legal studies.

Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies.

Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities?

Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Autorentext

Irus Braverman is Professor of Law and Adjunct Professor of Geography at the University at Buffalo, the State University of New York. Her books include Planted Flags: Trees, Land, and Law in Israel/Palestine (2009), Zooland: The Institution of Nature (2012), and Coral Whisperers: Scientists on the Brink (2018) as well as the coedited volume Blue Legalities: The Laws and Life of the Sea (2020). Braverman s monograph, Settling Nature: The Conservation Regime in Palestine-Israel, is forthcoming.

Klappentext

Laws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations' monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection's twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law's "terracentrism" and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law-and international law in particular-capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.

Inhalt

Acknowledgments

List of Contributors

Introduction

Amphibious Legal Geographies: Toward Land-Sea Regimes

Irus Braverman

Chapter 1

The Vexed Liminality of Hydrothermal Vents: An Opportunity to Unmake the Law of the Sea

Surabhi Ranganathan

Chapter 2

Commodifying the Oceans: The North Sea Continental Shelf Cases Revisited

Henry Jones

Chapter 3

Imagining Justice with the Abyssal Ocean

Susan Reid

Chapter 4

Genetic Freedom of the Seas in the Age of Extractivism: Marine Genetic Resources in Areas Beyond National Jurisdiction

Irus Braverman

Chapter 5

Oceanic Heterolegalities? Ocean Commons and the Heterotopias of Sovereign Legality

Vito De Lucia

Chapter 6

Mining the Seas: Speculative Fictions and Futures

Elizabeth DeLoughrey

Chapter 7

Navigating the Structural Coherence of Sea Ice

Philip Steinberg, Greta Ferloni, Claudio Aporta, Gavin Bridge, Aldo Chircop, Kate Coddington, Stuart Elden, Stephanie C. Kane, Timo Koivurova, Jessica Shadian, and Anna Stammler-Gossmann

Chapter 8

UNCLOS as a Geopolitical Chokepoint: Locked Down, Locked In, Locked Out

Elspeth Probyn

Chapter 9

From Extended Urbanization to Ocean Gentrification: Miami's River Port and the Precarious Geographies of Haitian Shipping

Jeffrey S. Kahn

Chapter 10

Miles and Norms in the Fishery of Marseille: On the Interface between Social Norms and Legal Rules

Florian Grisel

Chapter 11

Divided Environments: Scalar Challenges in Sweden's Marine and Coastal Water Planning

Aron Westholm

Chapter 12

Good HumanTurtle Relationships in Indonesia: Exploring Intersecting Legalities in Sea Turtle Conservation

Annet Pauwelussen & Shannon Switzer Swanson

Afterword

We Are All Complicit: Performing Law through Wavewriting

Andreas Philippopoulos-Mihalopoulos

Index