Pub Date : 2024-03-27DOI: 10.1163/15718085-bja10162
Andrew Friedman
The International Maritime Organization (IMO) 2023 Strategy on Reduction of GHG Emission from Ships offers few specifics from a legal perspective, but is an important political signal. IMO Member States have committed to adopt binding rules to incentivise greenhouse gas emission reductions in 2025 which will enter into force by 2027. Moreover, the Strategy calls for the elimination of shipping emissions by or around 2050 and sets checkpoints to track progress. IMO now faces key decisions to implement the Strategy, including how to structure a goal-based fuel standard, how to integrate an economic element (e.g., an emission levy) into its regulatory framework, its methods for assessing upstream emissions and effects of fuel production, and specific reduction pathways. These measures will likely be effectuated as amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, leveraging its existing compliance and enforcement tools, including port State controls.
{"title":"The International Maritime Organization’s Revised Greenhouse Gas Strategy: A Political Signal of Shipping’s Regulatory Future","authors":"Andrew Friedman","doi":"10.1163/15718085-bja10162","DOIUrl":"https://doi.org/10.1163/15718085-bja10162","url":null,"abstract":"\u0000The International Maritime Organization (IMO) 2023 Strategy on Reduction of GHG Emission from Ships offers few specifics from a legal perspective, but is an important political signal. IMO Member States have committed to adopt binding rules to incentivise greenhouse gas emission reductions in 2025 which will enter into force by 2027. Moreover, the Strategy calls for the elimination of shipping emissions by or around 2050 and sets checkpoints to track progress. IMO now faces key decisions to implement the Strategy, including how to structure a goal-based fuel standard, how to integrate an economic element (e.g., an emission levy) into its regulatory framework, its methods for assessing upstream emissions and effects of fuel production, and specific reduction pathways. These measures will likely be effectuated as amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, leveraging its existing compliance and enforcement tools, including port State controls.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"97 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140377479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/15718085-bja10156
Chuxiao Yu
The term ‘marine scientific research’ (MSR) is included in the United Nations Convention on the Law of the Sea without a definition. An examination of relevant drafting history reveals that the drafters of the Convention intentionally omitted the definition since they could not reach an agreement on this matter and had to leave it open for future development. Under Article 251 of the Convention, States shall seek to resolve the ambiguity surrounding the term MSR through competent international organisations. In terms of the legal clarification when the law is ambiguous, the role of international courts and tribunals cannot be overlooked. This article assesses the extent to which international judicial organs help to clarify the meaning of the term MSR by examining whether an international court or tribunal can or should define this term. It concludes that an international judicial organ should not define the term MSR in a general sense.
{"title":"Can and Should an International Court or Tribunal Define the Term ‘Marine Scientific Research’ under the United Nations Convention on the Law of the Sea","authors":"Chuxiao Yu","doi":"10.1163/15718085-bja10156","DOIUrl":"https://doi.org/10.1163/15718085-bja10156","url":null,"abstract":"The term ‘marine scientific research’ (MSR) is included in the United Nations Convention on the Law of the Sea without a definition. An examination of relevant drafting history reveals that the drafters of the Convention intentionally omitted the definition since they could not reach an agreement on this matter and had to leave it open for future development. Under Article 251 of the Convention, States shall seek to resolve the ambiguity surrounding the term MSR through competent international organisations. In terms of the legal clarification when the law is ambiguous, the role of international courts and tribunals cannot be overlooked. This article assesses the extent to which international judicial organs help to clarify the meaning of the term MSR by examining whether an international court or tribunal can or should define this term. It concludes that an international judicial organ should not define the term MSR in a general sense.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"64 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139271063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-08DOI: 10.1163/15718085-bja10158
Valentin Schatz, Sara Wissmann
Abstract On 1 August 2022, the Grand Chamber of the European Court of Justice ( ECJ ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control ( PSC Directive). The ECJ ’s judgment is the first to comprehensively address and clarify the legal framework governing the European Union’s system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels.
{"title":"Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases","authors":"Valentin Schatz, Sara Wissmann","doi":"10.1163/15718085-bja10158","DOIUrl":"https://doi.org/10.1163/15718085-bja10158","url":null,"abstract":"Abstract On 1 August 2022, the Grand Chamber of the European Court of Justice ( ECJ ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control ( PSC Directive). The ECJ ’s judgment is the first to comprehensively address and clarify the legal framework governing the European Union’s system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"6 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-08DOI: 10.1163/15718085-bja10144
Irini Papanicolopulu
Abstract The law of the sea is currently understood as a distinct field of international law that came into existence together with (modern) international law. Has this always been so? How did past international lawyers understand what we call today ‘the law of the sea’? Were they aware of the fact that this was a separate legal regime? And when did modern conceptions of the law of the sea emerge? This article examines past scholarship, from the sixteenth to the beginning of the twentieth century, in order to identify how law of the sea was conceived in past scholarship and how this conception links to our current understanding of the field.
{"title":"The Law of the Sea in Past Scholarship","authors":"Irini Papanicolopulu","doi":"10.1163/15718085-bja10144","DOIUrl":"https://doi.org/10.1163/15718085-bja10144","url":null,"abstract":"Abstract The law of the sea is currently understood as a distinct field of international law that came into existence together with (modern) international law. Has this always been so? How did past international lawyers understand what we call today ‘the law of the sea’? Were they aware of the fact that this was a separate legal regime? And when did modern conceptions of the law of the sea emerge? This article examines past scholarship, from the sixteenth to the beginning of the twentieth century, in order to identify how law of the sea was conceived in past scholarship and how this conception links to our current understanding of the field.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"16 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-06DOI: 10.1163/15718085-bja10155
Snjólaug Árnadóttir
{"title":"Frontiers in International Environmental Law: Oceans and Climate Challenges: Essays in Honour of David Freestone, edited by Richard Barnes and Ronán Long","authors":"Snjólaug Árnadóttir","doi":"10.1163/15718085-bja10155","DOIUrl":"https://doi.org/10.1163/15718085-bja10155","url":null,"abstract":"","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"39 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135680076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-06DOI: 10.1163/15718085-bja10157
Tingting Ni, Junghwan Choi, Jiancuo Qi
Abstract Maritime disputes among the East Asian States have garnered increasing attention worldwide with expanding offshore activities in the East China Sea. To avoid confrontation and potential conflict, unilateral maritime claims in the East China Sea usually have been non-explicit. While maritime boundary disputes remain unresolved in the region, changes have taken place because of resource shortages, the rise in military assertiveness from Tokyo, and increased alliances with the United States. This article explores the limits of unilateral activities within the disputed maritime area under current international law and how East Asian States should behave when they encounter unilateral activities conducted by other States, including analysis on sovereign entitlement and the limits of unilateral activities in the region. A code of conduct among the East Asian States is needed to ensure peace and prosperity in the region.
{"title":"State Obligation in the East China Sea: Unilateral Activities and Countermeasures","authors":"Tingting Ni, Junghwan Choi, Jiancuo Qi","doi":"10.1163/15718085-bja10157","DOIUrl":"https://doi.org/10.1163/15718085-bja10157","url":null,"abstract":"Abstract Maritime disputes among the East Asian States have garnered increasing attention worldwide with expanding offshore activities in the East China Sea. To avoid confrontation and potential conflict, unilateral maritime claims in the East China Sea usually have been non-explicit. While maritime boundary disputes remain unresolved in the region, changes have taken place because of resource shortages, the rise in military assertiveness from Tokyo, and increased alliances with the United States. This article explores the limits of unilateral activities within the disputed maritime area under current international law and how East Asian States should behave when they encounter unilateral activities conducted by other States, including analysis on sovereign entitlement and the limits of unilateral activities in the region. A code of conduct among the East Asian States is needed to ensure peace and prosperity in the region.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"40 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135680490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.1163/15718085-bja10151
Ceciel Nieuwenhout, Liv Malin Andreasson
Abstract Belgium, Denmark and the Netherlands have announced their interest in constructing artificial ‘energy islands’ to enable the integration of large-scale offshore wind energy into the energy system. This raises several legal questions, such as how do these developments fit in the balance of interests required by the United Nations Convention on the Law of the Sea, what European Union law is applicable to artificial islands and how Belgium, Denmark and the Netherlands approach the construction of artificial islands. This article provides a comprehensive overview of the applicable legal framework and shows the variety of approaches and strategic choices States may have when developing energy islands.
{"title":"The Legal Framework for Artificial Energy Islands in the Northern Seas","authors":"Ceciel Nieuwenhout, Liv Malin Andreasson","doi":"10.1163/15718085-bja10151","DOIUrl":"https://doi.org/10.1163/15718085-bja10151","url":null,"abstract":"Abstract Belgium, Denmark and the Netherlands have announced their interest in constructing artificial ‘energy islands’ to enable the integration of large-scale offshore wind energy into the energy system. This raises several legal questions, such as how do these developments fit in the balance of interests required by the United Nations Convention on the Law of the Sea, what European Union law is applicable to artificial islands and how Belgium, Denmark and the Netherlands approach the construction of artificial islands. This article provides a comprehensive overview of the applicable legal framework and shows the variety of approaches and strategic choices States may have when developing energy islands.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"128 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136069181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-25DOI: 10.1163/15718085-bja10152
Stephany Aw
Abstract Submarine cables, such as those used for the conveyance of data traffic and power supply, are of vital importance to the functioning of global society. Yet, at the same time, they remain vulnerable to damage. To ensure the continued operation of these cables, it is imperative that emergency repairs, where needed, are carried out expeditiously. However, in maritime zones within a coastal State’s sovereignty, sovereign rights or jurisdiction, where the freedom of users of these zones to lay and maintain cables is circumscribed to varying degrees, such repairs may be hampered by the imposition of onerous coastal State regulatory requirements. This article addresses this problem by answering the questions: (i) What is the scope of a coastal State’s duties regarding cable repairs in the territorial sea, archipelagic waters, exclusive economic zone and continental shelf? and (ii) What solutions are available to facilitate cable repairs in such maritime zones more expeditiously?
{"title":"Coastal State Duties in the Repair of Submarine Cables","authors":"Stephany Aw","doi":"10.1163/15718085-bja10152","DOIUrl":"https://doi.org/10.1163/15718085-bja10152","url":null,"abstract":"Abstract Submarine cables, such as those used for the conveyance of data traffic and power supply, are of vital importance to the functioning of global society. Yet, at the same time, they remain vulnerable to damage. To ensure the continued operation of these cables, it is imperative that emergency repairs, where needed, are carried out expeditiously. However, in maritime zones within a coastal State’s sovereignty, sovereign rights or jurisdiction, where the freedom of users of these zones to lay and maintain cables is circumscribed to varying degrees, such repairs may be hampered by the imposition of onerous coastal State regulatory requirements. This article addresses this problem by answering the questions: (i) What is the scope of a coastal State’s duties regarding cable repairs in the territorial sea, archipelagic waters, exclusive economic zone and continental shelf? and (ii) What solutions are available to facilitate cable repairs in such maritime zones more expeditiously?","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"77 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135166211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-24DOI: 10.1163/15718085-bja10150
Nelson F. Coelho
{"title":"Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, written by Iva Parlov","authors":"Nelson F. Coelho","doi":"10.1163/15718085-bja10150","DOIUrl":"https://doi.org/10.1163/15718085-bja10150","url":null,"abstract":"","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135315929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-11DOI: 10.1163/15718085-bja10147
Qiuwen Wang, Hu Zhang, Chenghang Hu
Abstract China recently amended its Maritime Traffic Safety Law ( MTSL 2021) and has introduced a series of stipulations concerning ship security. In these ship security rules, flexibility has been maintained in the decision to adopt maritime security measures in cases when ship operators and Chinese maritime authorities face maritime security threats. This research examines the ship security rules in MTSL 2021, analyses how the rules’ ambiguities could provide flexibility as well as uncertainties in practical implementation, and explores how they may affect the law’s institutional coordination with other domestic laws and regulations as well as China’s maritime law enforcement coordination with other countries.
{"title":"Ship Security Rules in China’s Maritime Traffic Safety Law: Increased Legal Flexibility in Maritime Security Measures and Potential Problems","authors":"Qiuwen Wang, Hu Zhang, Chenghang Hu","doi":"10.1163/15718085-bja10147","DOIUrl":"https://doi.org/10.1163/15718085-bja10147","url":null,"abstract":"Abstract China recently amended its Maritime Traffic Safety Law ( MTSL 2021) and has introduced a series of stipulations concerning ship security. In these ship security rules, flexibility has been maintained in the decision to adopt maritime security measures in cases when ship operators and Chinese maritime authorities face maritime security threats. This research examines the ship security rules in MTSL 2021, analyses how the rules’ ambiguities could provide flexibility as well as uncertainties in practical implementation, and explores how they may affect the law’s institutional coordination with other domestic laws and regulations as well as China’s maritime law enforcement coordination with other countries.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136213380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：