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}
Pub Date : 2023-10-09DOI: 10.1163/15718085-bja10148
Günther Handl
Abstract Against the background of an escalating climate crisis, this article provides an overview of the present status of international regulatory efforts addressing greenhouse gas ( GHG ) emissions from ships. It does so by tracing the evolution of mitigation policies and regulations and examining their adequacy, practicability as well as equity and fairness. Its principal focus is on reducing GHG emissions from ships themselves as the most direct and effective approach to improving the shipping industry’s climate profile. International shipping, as an intrinsically globally operating industry, ultimately requires consistency, if not uniformity, in regulation which only a global regime can provide. The article therefore focuses primarily on efforts by the international community at large, specifically by the International Maritime Organization, to respond to the climate crisis and to ensure that the shipping industry decarbonises in a timely as well just and fair manner.
{"title":"Decarbonising the Shipping Industry: A Status Report","authors":"Günther Handl","doi":"10.1163/15718085-bja10148","DOIUrl":"https://doi.org/10.1163/15718085-bja10148","url":null,"abstract":"Abstract Against the background of an escalating climate crisis, this article provides an overview of the present status of international regulatory efforts addressing greenhouse gas ( GHG ) emissions from ships. It does so by tracing the evolution of mitigation policies and regulations and examining their adequacy, practicability as well as equity and fairness. Its principal focus is on reducing GHG emissions from ships themselves as the most direct and effective approach to improving the shipping industry’s climate profile. International shipping, as an intrinsically globally operating industry, ultimately requires consistency, if not uniformity, in regulation which only a global regime can provide. The article therefore focuses primarily on efforts by the international community at large, specifically by the International Maritime Organization, to respond to the climate crisis and to ensure that the shipping industry decarbonises in a timely as well just and fair manner.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135146926","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 : 2023-10-06DOI: 10.1163/15718085-bja10146
Mehran Idris Khan
{"title":"Law of the Sea: Normative Context and Interactions with Other Legal Regimes, edited by Nele Matz-Lück, Øystein Jensen and Elise Johansen","authors":"Mehran Idris Khan","doi":"10.1163/15718085-bja10146","DOIUrl":"https://doi.org/10.1163/15718085-bja10146","url":null,"abstract":"","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134945298","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 : 2023-09-28DOI: 10.1163/15718085-bja10145
Robin Churchill
Abstract This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. The most significant developments during 2022 were the award of an Annex VII arbitral tribunal relating to the preliminary objections of Russia in the Dispute concerning the Detention of Ukrainian Naval Vessels and Servicemen case and the judgment of the International Court of Justice on the merits in the Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea case.
{"title":"Dispute Settlement in the Law of the Sea: Survey for 2022","authors":"Robin Churchill","doi":"10.1163/15718085-bja10145","DOIUrl":"https://doi.org/10.1163/15718085-bja10145","url":null,"abstract":"Abstract This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. The most significant developments during 2022 were the award of an Annex VII arbitral tribunal relating to the preliminary objections of Russia in the Dispute concerning the Detention of Ukrainian Naval Vessels and Servicemen case and the judgment of the International Court of Justice on the merits in the Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea case.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135387144","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 : 2023-02-02DOI: 10.1163/15718085-03801000
{"title":"Front matter","authors":"","doi":"10.1163/15718085-03801000","DOIUrl":"https://doi.org/10.1163/15718085-03801000","url":null,"abstract":"","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135360661","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 : 2018-08-22DOI: 10.1163/15718085-12333008
Alex G. Oude Elferink
To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content.
{"title":"Coastal States and MPAs in ABNJ: Ensuring Consistency with the LOSC","authors":"Alex G. Oude Elferink","doi":"10.1163/15718085-12333008","DOIUrl":"https://doi.org/10.1163/15718085-12333008","url":null,"abstract":"\u0000To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127043101","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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