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 : 2023-12-05DOI: 10.1163/15718085-bja10159
Peter Ehlers
Matters concerning maritime pilotage have only been dealt with in a few individual points in international maritime law, as pilotage services generally are regulated in the respective territorial waters in accordance with national law. However, especially in view of the possible further expansion of use of deep-sea pilots, it seems worthwhile taking a closer look at the obligations and powers under international law to provide pilotage services. This applies in particular to the establishment of compulsory pilotage and its limitation by the freedom of navigation rights under international law in the various maritime zones. Considerable legal ambiguities become apparent in this context. Hence there are arguments in favour of explicitly regulating maritime pilotage by including it in the provisions on maritime services in Chapter V of the Annex to the International Convention for the Safety of Life at Sea.
{"title":"Maritime Pilotage from the Perspective of the International Law of the Sea","authors":"Peter Ehlers","doi":"10.1163/15718085-bja10159","DOIUrl":"https://doi.org/10.1163/15718085-bja10159","url":null,"abstract":"\u0000Matters concerning maritime pilotage have only been dealt with in a few individual points in international maritime law, as pilotage services generally are regulated in the respective territorial waters in accordance with national law. However, especially in view of the possible further expansion of use of deep-sea pilots, it seems worthwhile taking a closer look at the obligations and powers under international law to provide pilotage services. This applies in particular to the establishment of compulsory pilotage and its limitation by the freedom of navigation rights under international law in the various maritime zones. Considerable legal ambiguities become apparent in this context. Hence there are arguments in favour of explicitly regulating maritime pilotage by including it in the provisions on maritime services in Chapter V of the Annex to the International Convention for the Safety of Life at Sea.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"126 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138599024","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 : 2023-11-13DOI: 10.1163/15718085-bja10153
Aleke Stöfen-O’Brien
In June 2023, the second session of the Intergovernmental Negotiating Committee (INC) to develop an international legally binding instrument on plastic pollution, including the marine environment concluded. It provided an opportunity to gauge the progress made by States and other stakeholders towards agreeing on the potential objective and treaty architecture of a future plastics treaty which is planned to be agreed upon by the end of 2024. This brief intervention outlines the developments made, as well as potential contentious issues that have arisen in relation to procedural and substantive aspects of the negotiations. It also reflects on key highlights.
{"title":"The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment","authors":"Aleke Stöfen-O’Brien","doi":"10.1163/15718085-bja10153","DOIUrl":"https://doi.org/10.1163/15718085-bja10153","url":null,"abstract":"In June 2023, the second session of the Intergovernmental Negotiating Committee (INC) to develop an international legally binding instrument on plastic pollution, including the marine environment concluded. It provided an opportunity to gauge the progress made by States and other stakeholders towards agreeing on the potential objective and treaty architecture of a future plastics treaty which is planned to be agreed upon by the end of 2024. This brief intervention outlines the developments made, as well as potential contentious issues that have arisen in relation to procedural and substantive aspects of the negotiations. It also reflects on key highlights.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"40 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139278057","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 : 2023-11-09DOI: 10.1163/15718085-bja10149
Eduardo Gracias Baptista
Abstract Article 121 of the United Nations Convention on the Law of the Sea continues to generate vigorous debate amongst interpreters. The aim of this article is to contribute to this prevailing debate by providing a systematic analysis of the provision, and a novel logical-mathematical interpretation of Article 121(3). Through these elements, it adds a textualist analysis of Article 121 to the toolbox of interpreters. An approach of this kind sheds light on the conceptual underpinning of the provision, and on the definition and demarcation of the different types of features regulated therein.
{"title":"The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC","authors":"Eduardo Gracias Baptista","doi":"10.1163/15718085-bja10149","DOIUrl":"https://doi.org/10.1163/15718085-bja10149","url":null,"abstract":"Abstract Article 121 of the United Nations Convention on the Law of the Sea continues to generate vigorous debate amongst interpreters. The aim of this article is to contribute to this prevailing debate by providing a systematic analysis of the provision, and a novel logical-mathematical interpretation of Article 121(3). Through these elements, it adds a textualist analysis of Article 121 to the toolbox of interpreters. An approach of this kind sheds light on the conceptual underpinning of the provision, and on the definition and demarcation of the different types of features regulated therein.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":" 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135291443","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}
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