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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.
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.
The human impact on the atmosphere is a matter of intense common concern. The human impact on the ocean, humanity's other ultimate common good, must also be studied at the empirical and legal and conceptual levels, enabling a more sophisticated legal response. This ground-breaking book is a major contribution to that study.
---Philip Allott, Professor Emeritus of International Public Law at Cambridge University
We are at a critical juncture in ocean governance. This collection raises important questions that highlight both the explicit and the less explicit choices in future ocean governance, including whether the existing legal architecture should be fixed or remade. The unique timing of this collection makes the questions tackled in this book not only academically interesting for the multiple disciplines represented, but of immense practical importance for our shared future.
---Lisa Campbell, Rachel Carson Distinguished Professor of Marine Affairs and Policy, Duke University
These thought-provoking, imaginative essays push beyond conventional representations of the oceans as distinctive legal spaces. The authors connect deeply researched case studies to new analytical approaches to maritime legal geographies.
---Lauren Benton, Barton M. Biggs Professor of History and Professor of Law, Yale University; author of A Search for Sovereignty: Law and Geography in European Empires, 1400-1900
The sea is a space of law - and more, exactly, laws, plural. As the contributors to this book teach us across a range of powerful near-shore, open-ocean, deep marine, and aquabiotic cases, legal abstractions now saturate, slice up, and, sometimes, sicken the sea itself. Tuning to how law in fact operates as amphibious - mixing land and sea - this book is a brief for re-mapping sea law is ways at once more empirical and more just.
---Stefan Helmreich, author of Alien Ocean: Anthropological Voyages in Microbial Seas
The wateriness of law is longstanding. Colonial domination, slavery, and indentured labour were enabled by an amphibious assault of power/knowledge. But in most accounts the watery spaces and beings of this planet remain over-determined by land-based notions of sovereignty, and laws "grounded" on islands, shorelines, and continental contiguities. This collection of timely and evocative essays shatters the land/sea binary, and breaks down the borders of life/non-life. Moving across the sea-bed to river-deltas, marine genetic resources, and fisheries, the book is a rich collection of the new forms of knowledge and epistemic practices needed in order to appreciate amphibious legal geographies. This book, then, is a raft that may help life and non-life survive the toxic legacies of western legal abstraction.
---Stewart Motha, Professor of Law, Birkbeck, University of London
---Philip Allott, Professor Emeritus of International Public Law at Cambridge University
We are at a critical juncture in ocean governance. This collection raises important questions that highlight both the explicit and the less explicit choices in future ocean governance, including whether the existing legal architecture should be fixed or remade. The unique timing of this collection makes the questions tackled in this book not only academically interesting for the multiple disciplines represented, but of immense practical importance for our shared future.
---Lisa Campbell, Rachel Carson Distinguished Professor of Marine Affairs and Policy, Duke University
These thought-provoking, imaginative essays push beyond conventional representations of the oceans as distinctive legal spaces. The authors connect deeply researched case studies to new analytical approaches to maritime legal geographies.
---Lauren Benton, Barton M. Biggs Professor of History and Professor of Law, Yale University; author of A Search for Sovereignty: Law and Geography in European Empires, 1400-1900
The sea is a space of law - and more, exactly, laws, plural. As the contributors to this book teach us across a range of powerful near-shore, open-ocean, deep marine, and aquabiotic cases, legal abstractions now saturate, slice up, and, sometimes, sicken the sea itself. Tuning to how law in fact operates as amphibious - mixing land and sea - this book is a brief for re-mapping sea law is ways at once more empirical and more just.
---Stefan Helmreich, author of Alien Ocean: Anthropological Voyages in Microbial Seas
The wateriness of law is longstanding. Colonial domination, slavery, and indentured labour were enabled by an amphibious assault of power/knowledge. But in most accounts the watery spaces and beings of this planet remain over-determined by land-based notions of sovereignty, and laws "grounded" on islands, shorelines, and continental contiguities. This collection of timely and evocative essays shatters the land/sea binary, and breaks down the borders of life/non-life. Moving across the sea-bed to river-deltas, marine genetic resources, and fisheries, the book is a rich collection of the new forms of knowledge and epistemic practices needed in order to appreciate amphibious legal geographies. This book, then, is a raft that may help life and non-life survive the toxic legacies of western legal abstraction.
---Stewart Motha, Professor of Law, Birkbeck, University of London