Pub Date : 2023-06-16DOI: 10.1163/24519391-08010002
Margaret A. Young
Ocean governance presents special challenges for States in understanding and carrying out their obligations. The United Nations Convention on the Law of the Sea is supported by secretariats that provide capacity building, training and technical assistance. Yet ocean governance is fragmented, and there are many multilateral and regional institutions that have competences in fisheries, climate change, trade, shipping and other aspects of ocean affairs. Challenges in inter-regime coordination arise, both practically and theoretically. This article describes collaborative training initiatives in ocean governance in the Asia-Pacific, to which UN agencies, the World Bank and academic partners contribute. It seeks to account for these activities according to the precepts of regime interaction and the duty to cooperate in international law, and demonstrates the importance of an inclusive approach to learning and capacity-building in ocean governance.
{"title":"Strengthening Capacity in Ocean Governance","authors":"Margaret A. Young","doi":"10.1163/24519391-08010002","DOIUrl":"https://doi.org/10.1163/24519391-08010002","url":null,"abstract":"\u0000Ocean governance presents special challenges for States in understanding and carrying out their obligations. The United Nations Convention on the Law of the Sea is supported by secretariats that provide capacity building, training and technical assistance. Yet ocean governance is fragmented, and there are many multilateral and regional institutions that have competences in fisheries, climate change, trade, shipping and other aspects of ocean affairs. Challenges in inter-regime coordination arise, both practically and theoretically. This article describes collaborative training initiatives in ocean governance in the Asia-Pacific, to which UN agencies, the World Bank and academic partners contribute. It seeks to account for these activities according to the precepts of regime interaction and the duty to cooperate in international law, and demonstrates the importance of an inclusive approach to learning and capacity-building in ocean governance.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"46 5","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41246829","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 : 2023-06-16DOI: 10.1163/24519391-08010006
Nong Hong
The South Pacific Ocean is emerging as an arena of U.S.-China strategic competition while the practices of the two countries in some areas suggest that the model of cooperation could benefit the regional States. It is hard to foresee whether competition or cooperation will drive the future development of the South Pacific or whether the two phenomena may co-exist. It is determined not only by policies taken by the two States themselves and their perspective engagements with both external stakeholders and regional States. Also, it is critical to understand how the regional states view the United States and China and how they are responding to U.S.-China competition.
{"title":"China and the United States in the South Pacific Ocean: Will Strategic Competition or Practical Cooperation Drive the Future Development","authors":"Nong Hong","doi":"10.1163/24519391-08010006","DOIUrl":"https://doi.org/10.1163/24519391-08010006","url":null,"abstract":"\u0000The South Pacific Ocean is emerging as an arena of U.S.-China strategic competition while the practices of the two countries in some areas suggest that the model of cooperation could benefit the regional States. It is hard to foresee whether competition or cooperation will drive the future development of the South Pacific or whether the two phenomena may co-exist. It is determined not only by policies taken by the two States themselves and their perspective engagements with both external stakeholders and regional States. Also, it is critical to understand how the regional states view the United States and China and how they are responding to U.S.-China competition.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46830800","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 : 2023-06-16DOI: 10.1163/24519391-08010008
Anastasia Telesetsky
{"title":"State Practice","authors":"Anastasia Telesetsky","doi":"10.1163/24519391-08010008","DOIUrl":"https://doi.org/10.1163/24519391-08010008","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135622743","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 : 2023-06-16DOI: 10.1163/24519391-08010012
Seokwoo Lee
Korea’s respect for the United States Forces Korea (usfk)’s strategic flexibility as an ally to the U.S. is an entirely separate issue from Korea becoming a party to the Taiwan conflict. To uphold peace and security in the Taiwan Strait, Korea should instead, respect the “one China” policy that is central to the security of East Asia and the diplomatic relations between China and other countries. As such, regarding the issues surrounding the Taiwan Strait, for diplomatic security, restraint and strategic ambiguity are necessary to stabilize the status quo.
{"title":"The U.S.-China “Taiwan Strait” Confrontation: Korea to Follow International Law and Maintain Strategic Ambiguity","authors":"Seokwoo Lee","doi":"10.1163/24519391-08010012","DOIUrl":"https://doi.org/10.1163/24519391-08010012","url":null,"abstract":"\u0000Korea’s respect for the United States Forces Korea (usfk)’s strategic flexibility as an ally to the U.S. is an entirely separate issue from Korea becoming a party to the Taiwan conflict. To uphold peace and security in the Taiwan Strait, Korea should instead, respect the “one China” policy that is central to the security of East Asia and the diplomatic relations between China and other countries. As such, regarding the issues surrounding the Taiwan Strait, for diplomatic security, restraint and strategic ambiguity are necessary to stabilize the status quo.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49009168","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 : 2023-06-16DOI: 10.1163/24519391-08010004
Dita Liliansa
In the spirit of conserving the balance between the interests of the coastal State and other States in the exclusive economic zone (eez), Article 73(3) of the United Nations Convention for the Law of the Sea (unclos) establishes that coastal State penalties for violations of fisheries laws and regulations may not include imprisonment or corporal punishment unless otherwise agreed by the States concerned. As one of the countries suffering from illegal fishing, Indonesia has seen a number of domestic cases challenging the practical application of Article 73(3) due to the failure of several offenders to pay monetary penalties for violating fisheries laws and regulations in Indonesia’s eez. Article 73(3) appears to be the only unclos provision that Indonesian courts have directly applied and interpreted into domestic cases. The debate revolves around whether courts can impose default confinement for fisheries offences in the eez. This article examines how Indonesian courts interpret the meaning and scope of the term ‘imprisonment’ within the ambit of Article 73(3) of unclos, particularly in the context of confinement for fine defaults, and whether international courts or tribunals provide any guidance in this interpretation.
{"title":"A Quest for Meaning: Interpretation of Article 73(3) of the Law of the Sea Convention by Indonesian Supreme Court","authors":"Dita Liliansa","doi":"10.1163/24519391-08010004","DOIUrl":"https://doi.org/10.1163/24519391-08010004","url":null,"abstract":"\u0000In the spirit of conserving the balance between the interests of the coastal State and other States in the exclusive economic zone (eez), Article 73(3) of the United Nations Convention for the Law of the Sea (unclos) establishes that coastal State penalties for violations of fisheries laws and regulations may not include imprisonment or corporal punishment unless otherwise agreed by the States concerned. As one of the countries suffering from illegal fishing, Indonesia has seen a number of domestic cases challenging the practical application of Article 73(3) due to the failure of several offenders to pay monetary penalties for violating fisheries laws and regulations in Indonesia’s eez. Article 73(3) appears to be the only unclos provision that Indonesian courts have directly applied and interpreted into domestic cases. The debate revolves around whether courts can impose default confinement for fisheries offences in the eez. This article examines how Indonesian courts interpret the meaning and scope of the term ‘imprisonment’ within the ambit of Article 73(3) of unclos, particularly in the context of confinement for fine defaults, and whether international courts or tribunals provide any guidance in this interpretation.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42383740","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 : 2023-06-16DOI: 10.1163/24519391-08010010
Muhammad Farhad Hosen
Bangladesh passed the Territorial Waters and Maritime Zones in 1974. In 2001, Bangladesh became a State Party to the United Nations Convention on the Law of the Sea (unclos). In 2012 and 2014, Bangladesh resolved its maritime disputes with Myanmar and India, respectively. These developments necessitated the amendment of the 1974 law. In 2021, the Territorial Waters and Maritime Zones (Amendment) Act of 2021 was enacted into law. The law brings the domestic legislation of Bangladesh into conformity with unclos and establishes the sovereignty of Bangladesh over its maritime areas and offshore resources in order to facilitate the exploration and extraction of its marine resources. This article highlights significant changes and provisions in the new law.
{"title":"Bangladesh: The Territorial Waters and Maritime Zones (Amendment) Act of 2021","authors":"Muhammad Farhad Hosen","doi":"10.1163/24519391-08010010","DOIUrl":"https://doi.org/10.1163/24519391-08010010","url":null,"abstract":"\u0000Bangladesh passed the Territorial Waters and Maritime Zones in 1974. In 2001, Bangladesh became a State Party to the United Nations Convention on the Law of the Sea (unclos). In 2012 and 2014, Bangladesh resolved its maritime disputes with Myanmar and India, respectively. These developments necessitated the amendment of the 1974 law. In 2021, the Territorial Waters and Maritime Zones (Amendment) Act of 2021 was enacted into law. The law brings the domestic legislation of Bangladesh into conformity with unclos and establishes the sovereignty of Bangladesh over its maritime areas and offshore resources in order to facilitate the exploration and extraction of its marine resources. This article highlights significant changes and provisions in the new law.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46913768","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 : 2023-06-16DOI: 10.1163/24519391-08010003
Esmeralda Colombo
Following projections of high economic and demographic growth, the Asia-Pacific region is poised to take the lead in the global production of offshore wind energy. A critical barrier is the intermittency of renewables, increasing the need for energy storage capacity to conserve energy harvested from the ocean. The bankability of energy storage systems combined with offshore wind power remains low and depends on varied policy frameworks. Meanwhile, the potential of the Law of the Sea (los) Convention for storage governance is underexplored. This paper highlights current regulatory bottlenecks and enablers to energy storage based on the los Convention and comparative policy research. It focuses on hydrogen as an energy carrier to store offshore wind energy, demonstrating how energy justice and environmental stewardship can result from ocean-based storage capacity developments. Ultimately, it aims to facilitate access to financing to increase the storage capacity of the Asian-Pacific sustainable blue economy.
{"title":"Energy Storage Governance in the Asia-Pacific through the Law of the Sea Convention: Exploring Bottlenecks and Enablers of Regulating Offshore Wind Combined with Energy Storage","authors":"Esmeralda Colombo","doi":"10.1163/24519391-08010003","DOIUrl":"https://doi.org/10.1163/24519391-08010003","url":null,"abstract":"\u0000Following projections of high economic and demographic growth, the Asia-Pacific region is poised to take the lead in the global production of offshore wind energy. A critical barrier is the intermittency of renewables, increasing the need for energy storage capacity to conserve energy harvested from the ocean. The bankability of energy storage systems combined with offshore wind power remains low and depends on varied policy frameworks. Meanwhile, the potential of the Law of the Sea (los) Convention for storage governance is underexplored. This paper highlights current regulatory bottlenecks and enablers to energy storage based on the los Convention and comparative policy research. It focuses on hydrogen as an energy carrier to store offshore wind energy, demonstrating how energy justice and environmental stewardship can result from ocean-based storage capacity developments. Ultimately, it aims to facilitate access to financing to increase the storage capacity of the Asian-Pacific sustainable blue economy.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45586289","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 : 2023-06-16DOI: 10.1163/24519391_08010000
{"title":"Front matter","authors":"","doi":"10.1163/24519391_08010000","DOIUrl":"https://doi.org/10.1163/24519391_08010000","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"27 23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135622741","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 : 2023-06-16DOI: 10.1163/24519391-08010011
Maruf Maruf
Abstract The ocean, which plays an essential role in supporting human life, continues to deteriorate due to anthropogenic underwater noise. This unseen form of pollution is a significant emergent threat to marine and coastal biodiversity. Substantial discussions have occurred on the problem under the Convention on Biological Diversity ( cbd ) yet further action is needed. The adoption of the Kunming-Montreal Global Biodiversity Framework ( gbf ) in 2022 provides a potential partial solution to address the problem. This article reviews the current development of the gbf concerning the protection of the marine environment, particularly from the threat of anthropogenic underwater noise. It is argued that the gbf , along with its monitoring framework, could provide an opportunity to strengthen further action for the conservation of marine and coastal biodiversity against this problem. The importance of capacity-building to ensure that developing countries have the capacity to address anthropogenic underwater noise is emphasized.
{"title":"Kunming-Montreal Global Biodiversity Framework: Challenge and Future Options to Address Anthropogenic Underwater Noise","authors":"Maruf Maruf","doi":"10.1163/24519391-08010011","DOIUrl":"https://doi.org/10.1163/24519391-08010011","url":null,"abstract":"Abstract The ocean, which plays an essential role in supporting human life, continues to deteriorate due to anthropogenic underwater noise. This unseen form of pollution is a significant emergent threat to marine and coastal biodiversity. Substantial discussions have occurred on the problem under the Convention on Biological Diversity ( cbd ) yet further action is needed. The adoption of the Kunming-Montreal Global Biodiversity Framework ( gbf ) in 2022 provides a potential partial solution to address the problem. This article reviews the current development of the gbf concerning the protection of the marine environment, particularly from the threat of anthropogenic underwater noise. It is argued that the gbf , along with its monitoring framework, could provide an opportunity to strengthen further action for the conservation of marine and coastal biodiversity against this problem. The importance of capacity-building to ensure that developing countries have the capacity to address anthropogenic underwater noise is emphasized.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135622739","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 : 2023-06-16DOI: 10.1163/24519391-08010013
Anastasia Telesetsky
Abstract This short State Practice piece describes ongoing efforts to prepare a United States’ Ocean Action Climate Plan that will balance both “blue economy” development priorities (energy and shipping) and conservation and restoration priorities.
{"title":"United States","authors":"Anastasia Telesetsky","doi":"10.1163/24519391-08010013","DOIUrl":"https://doi.org/10.1163/24519391-08010013","url":null,"abstract":"Abstract This short State Practice piece describes ongoing efforts to prepare a United States’ Ocean Action Climate Plan that will balance both “blue economy” development priorities (energy and shipping) and conservation and restoration priorities.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"326 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135622740","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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