• An Advisory Opinion on Climate Change Obligations Under International Law: A Realistic Prospect? 

      Barnes, Richard Alan (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-08-18)
      On 31 October 2021, an agreement was signed between Antigua and Barbuda and Tuvalu that established a commission with the power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS). Since ITLOS’s advisory jurisdiction has been tested in only one case, I explain and evaluate the procedural obstacles facing this commission, as well as the potential questions ...
    • Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law 

      Barnes, Richard Alan; Freestone, David; Akhavan, Payam (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-02-18)
      This contribution outlines the content of a new agreement, signed initially by Antigua and Barbuda and Tuvalu, that establishes a Commission of Small Island States on Climate Change and International Law. This Commission has, inter alia, the express power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS) on issues within the ITLOS jurisdiction relating to ...
    • The Brexit deal and UK fisheries—has reality matched the rhetoric? 

      Stewart, Bryce D.; Williams, Chris; Barnes, Richard Alan; Walmsley, Suzannah F.; Carpenter, Griffin (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-01-26)
      Fisheries management has been a strongly contested aspect of the UK’s position in the EU since UK accession, with the fshing industry frequently questioning both the efcacy and fairness of arrangements. During the campaign for UK exit (Brexit) from the EU, and the subsequent negotiations of a new legal and political relationship from 2016 to 2020, senior UK political leaders strongly committed to ...
    • The Brexit deal and UK fisheries—has reality matched the rhetoric? 

      Barnes, Richard Alan; Stewart, Bryce D.; Williams, Chris; Walmsley, Suzannah F.; Carpenter, Griffin (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-01-26)
      Fisheries management has been a strongly contested aspect of the UK’s position in the EU since UK accession, with the fishing industry frequently questioning both the efficacy and fairness of arrangements. During the campaign for UK exit (Brexit) from the EU, and the subsequent negotiations of a new legal and political relationship from 2016 to 2020, senior UK political leaders strongly committed ...
    • The Construction of Ocean Space in Areas Beyond National Jurisdiction. A Fisheries Perspective 

      Barnes, Richard Alan (Chapter; Bokkapittel, 2022)
      This chapter examines the development of fisheries regulation in areas beyond national jurisdiction (ABNJ) from a constructivist approach. In doing so it provides important insights into how the construction of space is influenced by law making and institutional constraints, some of which reflect bias or imbalance in powers structures in international law. Many have defended law as a discreet and ...
    • Framework Agreement on Fisheries between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway 

      Barnes, Richard Alan (Journal article; Tidsskriftartikkel; Peer reviewed, 2021-01-07)
      On 30 September 2020, the United Kingdom and Norway signed the Framework Agreement on Fisheries that will provide the basis for future cooperation in the sustainable management of their fisheries. The Agreement is the first such agreement adopted by the UK following its decision to the leave the European Union. This note provides some background to the Agreement and examines its key features. Whilst ...
    • Frontiers in Law and Legal Scholarship 

      Barnes, Richard Alan (Chapter; Bokkapittel, 2021-03-01)
      This collection celebrates the contributions of Professor David Freestone to our understanding of international environmental law, particularly law of the sea and climate law. In doing so, it seeks to reflect his contributions by making its own mark on how we understand these fields of academic inquiry, as well as the realpolitik of international law-making on some of the most pressing and complex ...
    • Future advances in UK marine fisheries policy: Integrated Nexus management, technological advance, and shifting public opinion 

      Barnes, Richard Alan; Kemp, Paul S.; Subbiah, Gowshika; Boerder, Kristina; O'Leary, Bethan C.; Stewart, Bryce D.; Williams, Chris (Journal article; Tidsskriftartikkel, 2022-11-27)
      Having left the European Union, the UK Fisheries Act (hereafter referred to as the Act) provides a framework that may advance sustainable marine resource management. This requires the bias towards social-economic concerns to be recognised, and greater emphasis to be placed on securing the natural capital to support fisheries. A Joint Fisheries Statement (JFS) to be published in 2022 by the UK’s ...
    • The future of marine fisheries management and conservation in the United Kingdom: Lessons learnt from over 100 years of biased policy 

      Barnes, Richard Alan; Kemp, Paul S.; Subbiah, Gowshika; Boerder, Kristina; O'Leary, Bethan C.; Stewart, Bryce D.; Williams, Chris (Journal article; Tidsskriftartikkel; Peer reviewed, 2022-11-27)
      Marine wild-capture fisheries depend on the capacity of the ocean to provide a flow of harvestable resources to sustain the industry. Paradoxically, conventional fishing often undermines these resources by degrading the environment and overexploiting fish stocks. Many UK fisheries have declined for over a century due to a biased focus on their social-economic value and lack of recognition that ...
    • Global Solidarity, Differentiated Responsibilities and the Law of the Sea 

      Barnes, Richard Alan (Chapter; Bokkapittel, 2022-08-27)
      The United Nations Convention on the Law of the Sea 1982 appears to be strongly concerned with common interests and goals; the Convention could be characterised as enshrining the idea of global solidarity. Global solidarity is concerned with cooperation between States to address issues of collective concern in a way that recognises differences in individual States’ needs and capacities. There has ...
    • Reflections on the Waters: Law of the Sea Scholarship and Practice 

      Barnes, Richard Alan (Journal article; Tidsskriftartikkel; Peer reviewed, 2023-01-25)
      This article introduces a new initiative to the Journal by launching a rolling series of essays that explore and reflect upon law of the sea scholarship and its relationship with practice. At a time of significant peril to our ocean, it is important to reflect upon the role of scholarship, and its capacity to make a difference, not just to the practice of law, but to the wider intellectual development ...
    • Revisiting the Legal Status of Dependent Archipelagic Waters from First Principles 

      Barnes, Richard Alan (Chapter; Bokkapittel, 2022-12-10)
      An archipelago is a ‘group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such’.1 For the most part the law on archipelagic States is well-settled. Part iv of the ...