Pub Date : 2018-07-26DOI: 10.1093/LAW/9780198824152.003.0011
Vrancken Patrick
This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.
{"title":"Part V Regional Perspectives on Global Ocean Governance, 11 The African Perspective on Global Ocean Governance","authors":"Vrancken Patrick","doi":"10.1093/LAW/9780198824152.003.0011","DOIUrl":"https://doi.org/10.1093/LAW/9780198824152.003.0011","url":null,"abstract":"This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129096945","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 : 2018-07-26DOI: 10.1093/law/9780198824152.003.0010
Vella Karmenu
This chapter focuses on the fifty actions proposed by the European Commission and its High Representative for Foreign Affairs and Security Policy in three priority areas to ensure safe, secure, clean and sustainably managed oceans: improving the international ocean governance framework; reducing pressure on oceans and seas and creating the conditions for a sustainable blue economy; and strengthening international ocean research and data. It also considers a number of policy proposals put forward by the EU with a view to improving the international ocean governance framework. Finally, it discusses the role of the EU in shaping international ocean governance on the basis of its experience in developing a sustainable approach to ocean management, notably through its environment policy, integrated maritime policy, reformed common fisheries policy, and its maritime transport policy.
{"title":"Part V Regional Perspectives on Global Ocean Governance, 10 International Ocean Governance: An EU Agenda for the Future of our Oceans","authors":"Vella Karmenu","doi":"10.1093/law/9780198824152.003.0010","DOIUrl":"https://doi.org/10.1093/law/9780198824152.003.0010","url":null,"abstract":"This chapter focuses on the fifty actions proposed by the European Commission and its High Representative for Foreign Affairs and Security Policy in three priority areas to ensure safe, secure, clean and sustainably managed oceans: improving the international ocean governance framework; reducing pressure on oceans and seas and creating the conditions for a sustainable blue economy; and strengthening international ocean research and data. It also considers a number of policy proposals put forward by the EU with a view to improving the international ocean governance framework. Finally, it discusses the role of the EU in shaping international ocean governance on the basis of its experience in developing a sustainable approach to ocean management, notably through its environment policy, integrated maritime policy, reformed common fisheries policy, and its maritime transport policy.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126571309","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 : 2018-07-26DOI: 10.1093/law/9780198823957.003.0008
Chircop Aldo
This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.
{"title":"8 The IMO’s Work on Environmental Protection and Global Ocean Governance","authors":"Chircop Aldo","doi":"10.1093/law/9780198823957.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780198823957.003.0008","url":null,"abstract":"This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130685902","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 : 2018-07-26DOI: 10.1093/law/9780198823964.003.0009
This chapter discusses the role of the United Nations World Tourism Organization (UNWTO) in global ocean governance. The UNWTO is a specialized agency of the United Nations that serves as a global forum for tourism policy issues and helps to ensure that Member States, tourist destinations and the business community maximize the positive economic, social and cultural effects of tourism and fully reap its benefits, while minimizing its negative social and environmental impacts. It has three primary objectives: to promote safe and seamless travel, enhance the role of technology in tourism, and link growth and sustainability and promote tourism as a tool for development. After providing a general overview of the UNWTO’s aims, structure and governance, and membership, the chapter examines its work with respect to ocean governance and sea-related tourism, along with the ways in which it promotes sustainable development of tourism.
{"title":"Part II Commercial Aspects of the Marine Environment, 9 The UN World Tourism Organization and Global Ocean Governance","authors":"","doi":"10.1093/law/9780198823964.003.0009","DOIUrl":"https://doi.org/10.1093/law/9780198823964.003.0009","url":null,"abstract":"This chapter discusses the role of the United Nations World Tourism Organization (UNWTO) in global ocean governance. The UNWTO is a specialized agency of the United Nations that serves as a global forum for tourism policy issues and helps to ensure that Member States, tourist destinations and the business community maximize the positive economic, social and cultural effects of tourism and fully reap its benefits, while minimizing its negative social and environmental impacts. It has three primary objectives: to promote safe and seamless travel, enhance the role of technology in tourism, and link growth and sustainability and promote tourism as a tool for development. After providing a general overview of the UNWTO’s aims, structure and governance, and membership, the chapter examines its work with respect to ocean governance and sea-related tourism, along with the ways in which it promotes sustainable development of tourism.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128154641","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 : 2018-07-26DOI: 10.1093/law/9780198824152.003.0016
Holthus Paul
This chapter discusses the role of the World Ocean Council (WOC) and the international ocean business community in global ocean governance (GOG). It first provides an overview of the institutional development and profile of the WOC before considering the work and role and work of the WOC on ocean governance with and for the ocean business community. It then examines the Sustainable Development Goals (SDGs) in relation to ocean business and the WOC, as well as the size, complexity trends in the ocean economy and ocean business community, which are fundamental to understanding their importance to GOG. It also analyses GOG issues relevant to the ocean business community and WOC that the United Nations and its associated bodies must address and concludes with an assessment of the role of the ocean business community and WOC in the future of the GOG agenda.
{"title":"Part V Regional Perspectives on Global Ocean Governance, 16 The Role of the World Ocean Council and the Ocean Business Community in Global Ocean Governance","authors":"Holthus Paul","doi":"10.1093/law/9780198824152.003.0016","DOIUrl":"https://doi.org/10.1093/law/9780198824152.003.0016","url":null,"abstract":"This chapter discusses the role of the World Ocean Council (WOC) and the international ocean business community in global ocean governance (GOG). It first provides an overview of the institutional development and profile of the WOC before considering the work and role and work of the WOC on ocean governance with and for the ocean business community. It then examines the Sustainable Development Goals (SDGs) in relation to ocean business and the WOC, as well as the size, complexity trends in the ocean economy and ocean business community, which are fundamental to understanding their importance to GOG. It also analyses GOG issues relevant to the ocean business community and WOC that the United Nations and its associated bodies must address and concludes with an assessment of the role of the ocean business community and WOC in the future of the GOG agenda.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128012247","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 : 2018-07-26DOI: 10.1093/law/9780198823964.003.0007
Lyall Francis, Larsen Paul B
This chapter focuses on INMARSAT and the modern International Mobile Satellite Organisation (IMSO). INMARSAT is a commercial company that provides maritime communications by satellite as well as telecommunication services to mobile users. It also has international service obligations that fall within the Global Maritime Distress and Safety System (GMDSS) established by the International Maritime Organisation in 1988. Compliance with these is supervised by the IMSO. The chapter first provides a technical background on INMARSAT as well as an overview of its history and its maritime satellite communications services before turning to the IMSO and what it does. In addition to technical responsibilities in relation to GDMSS and the Long-Range Identification and Tracking of Ships (LRIT), IMSO has entered into an Agreement of Cooperation with the International Civil Aviation Organization (ICAO) relating to aeronautical mobile satellite communications.
{"title":"Part II Commercial Aspects of the Marine Environment, 7 INMARSAT and the Modern International Mobile Satellite Organization","authors":"Lyall Francis, Larsen Paul B","doi":"10.1093/law/9780198823964.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780198823964.003.0007","url":null,"abstract":"This chapter focuses on INMARSAT and the modern International Mobile Satellite Organisation (IMSO). INMARSAT is a commercial company that provides maritime communications by satellite as well as telecommunication services to mobile users. It also has international service obligations that fall within the Global Maritime Distress and Safety System (GMDSS) established by the International Maritime Organisation in 1988. Compliance with these is supervised by the IMSO. The chapter first provides a technical background on INMARSAT as well as an overview of its history and its maritime satellite communications services before turning to the IMSO and what it does. In addition to technical responsibilities in relation to GDMSS and the Long-Range Identification and Tracking of Ships (LRIT), IMSO has entered into an Agreement of Cooperation with the International Civil Aviation Organization (ICAO) relating to aeronautical mobile satellite communications.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"339 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133037313","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 : 2018-07-26DOI: 10.1093/LAW/9780198823964.003.0014
Asariotis Regina, M. Graham, Premti Anila, Vivas-Eugui David
This chapter discusses the work of the United Nations Conference on Trade and Development (UNCTAD) in the area of global ocean governance. UNCTAD is the leading agency of the United Nations in the integrated treatment of trade and development as well as interrelated issues of finance, technology, investment and sustainable development. The chapter first provides a brief historical account of UNCTAD before discussing its role in ocean governance, with a focus on international maritime transport law and policy. It then considers UNCTAD policy research and advice with respect to carriage of goods and international trade law; admiralty law, marine insurance and general average; maritime and supply-chain security; and climate change and maritime transport. The chapter also reviews UNCTAD’s future prospects in terms of ocean governance, role in the governance of trade in fish, and the new UNCTAD XIV mandate.
{"title":"Part III Human Health and Human Rights, 14 Global Ocean Governance: The Work of UNCTAD","authors":"Asariotis Regina, M. Graham, Premti Anila, Vivas-Eugui David","doi":"10.1093/LAW/9780198823964.003.0014","DOIUrl":"https://doi.org/10.1093/LAW/9780198823964.003.0014","url":null,"abstract":"This chapter discusses the work of the United Nations Conference on Trade and Development (UNCTAD) in the area of global ocean governance. UNCTAD is the leading agency of the United Nations in the integrated treatment of trade and development as well as interrelated issues of finance, technology, investment and sustainable development. The chapter first provides a brief historical account of UNCTAD before discussing its role in ocean governance, with a focus on international maritime transport law and policy. It then considers UNCTAD policy research and advice with respect to carriage of goods and international trade law; admiralty law, marine insurance and general average; maritime and supply-chain security; and climate change and maritime transport. The chapter also reviews UNCTAD’s future prospects in terms of ocean governance, role in the governance of trade in fish, and the new UNCTAD XIV mandate.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117026222","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 : 2018-07-26DOI: 10.1093/law/9780198823957.003.0005
T. Chris
This chapter provides a new perspective on the subject of maritime security. It argues that piracy and armed robbery at sea are in reality land-based problems, the root causes of which still remain to be addressed by the international community. However, this chapter also maintains that, instead of focussing on short-term security measures, the stress factors that lead to instability, insecurity, and uncontrolled mass migration should also be addressed. The aim should be to improve economic development, supported by maritime development and underpinned by maritime security. Furthermore, the chapter examines not only the issue of piracy and terrorism at sea but also International Maritime Organization (IMO) measures aimed at improving security of international movements of containers, which has a wider implication than just prevention of terrorism and the protection of customs revenues.
{"title":"5 The IMO: Maritime Security: An Essential Feature for Sustainable Maritime Development and Global Ocean Governance","authors":"T. Chris","doi":"10.1093/law/9780198823957.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780198823957.003.0005","url":null,"abstract":"This chapter provides a new perspective on the subject of maritime security. It argues that piracy and armed robbery at sea are in reality land-based problems, the root causes of which still remain to be addressed by the international community. However, this chapter also maintains that, instead of focussing on short-term security measures, the stress factors that lead to instability, insecurity, and uncontrolled mass migration should also be addressed. The aim should be to improve economic development, supported by maritime development and underpinned by maritime security. Furthermore, the chapter examines not only the issue of piracy and terrorism at sea but also International Maritime Organization (IMO) measures aimed at improving security of international movements of containers, which has a wider implication than just prevention of terrorism and the protection of customs revenues.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130473841","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 : 2018-07-26DOI: 10.1093/LAW/9780198824152.003.0012
Tanaka Yoshifumi
This chapter discusses issues of global ocean governance from an Asian perspective. The Asian Seas regions face four challenges relating to marine pollution, conservation and sustainable use of marine biological diversity, adverse impacts of climate change upon the oceans, and maritime security. Before analysing these challenges in detail, the chapter considers two paradigms of ocean governance that the international law of the sea attempts to balance: the traditional paradigm based on co-existence of States; and a new paradigm based on notions of inter-dependency between governments, human communities and the natural environment thus requiring new, more co-operative arrangements. It also examines elements of uncertainty in the Asian Seas regions and notes that there is no regional treaty concerning marine environmental protection in those regions.
{"title":"Part V Regional Perspectives on Global Ocean Governance, 12 The Asian Perspective on Global Ocean Governance","authors":"Tanaka Yoshifumi","doi":"10.1093/LAW/9780198824152.003.0012","DOIUrl":"https://doi.org/10.1093/LAW/9780198824152.003.0012","url":null,"abstract":"This chapter discusses issues of global ocean governance from an Asian perspective. The Asian Seas regions face four challenges relating to marine pollution, conservation and sustainable use of marine biological diversity, adverse impacts of climate change upon the oceans, and maritime security. Before analysing these challenges in detail, the chapter considers two paradigms of ocean governance that the international law of the sea attempts to balance: the traditional paradigm based on co-existence of States; and a new paradigm based on notions of inter-dependency between governments, human communities and the natural environment thus requiring new, more co-operative arrangements. It also examines elements of uncertainty in the Asian Seas regions and notes that there is no regional treaty concerning marine environmental protection in those regions.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116597091","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 : 2018-07-26DOI: 10.1093/LAW/9780198823957.003.0013
T. Pamela
This chapter highlights the steps taken by the International Maritime Organization (IMO) to promote gender equality in the maritime sector, in line with the UN’s Millennium Development Goals (MDGs). This is especially true of MDG 3, which stresses the need for governments to provide women with the skills and tools to bring about their own empowerment. In this way, women are able to provide for their families and generally to make positive, often vital, contributions to the economies of their countries. Employment in the shipping sector has been shown to provide women with access to a regular salary. This has a direct impact on the economic viability of the extended family structure, particularly in developing regions of the world.
{"title":"13 The IMO: Gender Equality, the Promotion of Women in the Maritime Sector, and Global Ocean Governance","authors":"T. Pamela","doi":"10.1093/LAW/9780198823957.003.0013","DOIUrl":"https://doi.org/10.1093/LAW/9780198823957.003.0013","url":null,"abstract":"This chapter highlights the steps taken by the International Maritime Organization (IMO) to promote gender equality in the maritime sector, in line with the UN’s Millennium Development Goals (MDGs). This is especially true of MDG 3, which stresses the need for governments to provide women with the skills and tools to bring about their own empowerment. In this way, women are able to provide for their families and generally to make positive, often vital, contributions to the economies of their countries. Employment in the shipping sector has been shown to provide women with access to a regular salary. This has a direct impact on the economic viability of the extended family structure, particularly in developing regions of the world.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126597332","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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