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.

• Foreword


• 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: Nilüfer 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

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. This 'soft law' is now prolific in ocean governance, so it is vital to consider its significance for the law of the sea.