Pub Date : 2022-02-27DOI: 10.1163/24519391-07010003
Yulu Liu
International marine environmental law has found its primary sources in international legal principles and conventions. At the regional level, some organisations prefer soft laws as their main instruments for regional marine environmental protection. This article proposes that coastal states could use soft law instruments in the South China Sea (scs) region to protect the marine environment through robust institutional processes, addressing environmental degradation concerns against a tense geopolitical backdrop. Based on discussions of regional practices, this article proposes that scs coastal states could strengthen their regional cooperation efforts using the existing soft-law structures by strengthening implementation cooperation through specific and targeted measures.
{"title":"Prospects for Regional Soft Law to Protect the South China Sea Marine Environment","authors":"Yulu Liu","doi":"10.1163/24519391-07010003","DOIUrl":"https://doi.org/10.1163/24519391-07010003","url":null,"abstract":"\u0000International marine environmental law has found its primary sources in international legal principles and conventions. At the regional level, some organisations prefer soft laws as their main instruments for regional marine environmental protection. This article proposes that coastal states could use soft law instruments in the South China Sea (scs) region to protect the marine environment through robust institutional processes, addressing environmental degradation concerns against a tense geopolitical backdrop. Based on discussions of regional practices, this article proposes that scs coastal states could strengthen their regional cooperation efforts using the existing soft-law structures by strengthening implementation cooperation through specific and targeted measures.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42943224","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 : 2022-02-27DOI: 10.1163/24519391-07010012
Amanda H A Watson
This paper provides up-to-date analysis of the status of the undersea communication cables for Pacific Island countries. It identifies those countries with vulnerability to outages because they have just one cable and those countries that do not have a cable connection. This contribution to the ‘Current Legal Developments’ section builds upon the worldwide interest generated by a communication outage in Tonga early in 2022 and two announcements regarding cables for Kiribati late in 2021.
{"title":"The Limited Communication Cables for Pacific Island Countries","authors":"Amanda H A Watson","doi":"10.1163/24519391-07010012","DOIUrl":"https://doi.org/10.1163/24519391-07010012","url":null,"abstract":"\u0000This paper provides up-to-date analysis of the status of the undersea communication cables for Pacific Island countries. It identifies those countries with vulnerability to outages because they have just one cable and those countries that do not have a cable connection. This contribution to the ‘Current Legal Developments’ section builds upon the worldwide interest generated by a communication outage in Tonga early in 2022 and two announcements regarding cables for Kiribati late in 2021.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42911285","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 : 2022-02-27DOI: 10.1163/24519391-07010002
Sarah Lothian
This article examines the role of Australia in the negotiations towards an International Legally Binding Instrument (ilbi) for the conservation and sustainable use of biodiversity beyond national jurisdiction (bbnj). As Australia was among the more influential players at the Third United Nations Conference on the Law of the Sea (unclos iii) and was instrumental in finding practical and effective compromise solutions, this article argues that Australia is ideally placed to take on a similar leadership role in the bbnj negotiations, particularly now that the process has reached its tail-end. This article revisits Australia’s significant contribution in the early phases of bbnj discussions and then traces Australia’s involvement and engagement with ilbi negotiations to date. This article also undertakes a historical analysis of Australia’s participation at unclos iii to outline the critical roles it played and to draw out certain lessons from that experience that may be relevant in the bbnj context.
{"title":"Australia at the bbnj Negotiations and Its Potential Role in the Concluding Stages","authors":"Sarah Lothian","doi":"10.1163/24519391-07010002","DOIUrl":"https://doi.org/10.1163/24519391-07010002","url":null,"abstract":"\u0000This article examines the role of Australia in the negotiations towards an International Legally Binding Instrument (ilbi) for the conservation and sustainable use of biodiversity beyond national jurisdiction (bbnj). As Australia was among the more influential players at the Third United Nations Conference on the Law of the Sea (unclos iii) and was instrumental in finding practical and effective compromise solutions, this article argues that Australia is ideally placed to take on a similar leadership role in the bbnj negotiations, particularly now that the process has reached its tail-end. This article revisits Australia’s significant contribution in the early phases of bbnj discussions and then traces Australia’s involvement and engagement with ilbi negotiations to date. This article also undertakes a historical analysis of Australia’s participation at unclos iii to outline the critical roles it played and to draw out certain lessons from that experience that may be relevant in the bbnj context.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48716221","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 : 2022-02-27DOI: 10.1163/24519391-07010005
Leonardo Bernard
The United Nations Convention on the Law of the Sea has established one legal limit of the continental shelf at 200 M. However, it set out another limit for situations when the extent of the actual or ‘physical’ continental shelf may be greater than 200 M. Despite these distinctions, the concept of the ‘single continental shelf’ has gained traction, particularly in international jurisprudence. This article challenges the idea that there is only a ‘single continental shelf’. The article will first explore the history of the continental shelf regime, before examining the emergence of the concept of a ‘single continental shelf’, how the concept was used and the context of its usage. Then the article will analyse the differences between the inner and outer continental shelf, including the relevance of the principle of natural prolongation. The article will finally answer the question of whether the phrase ‘single continental shelf’ is an accurate term to describe the continental shelf regime.
{"title":"The Problem with the Concept of ‘Single Continental Shelf’","authors":"Leonardo Bernard","doi":"10.1163/24519391-07010005","DOIUrl":"https://doi.org/10.1163/24519391-07010005","url":null,"abstract":"\u0000The United Nations Convention on the Law of the Sea has established one legal limit of the continental shelf at 200 M. However, it set out another limit for situations when the extent of the actual or ‘physical’ continental shelf may be greater than 200 M. Despite these distinctions, the concept of the ‘single continental shelf’ has gained traction, particularly in international jurisprudence. This article challenges the idea that there is only a ‘single continental shelf’. The article will first explore the history of the continental shelf regime, before examining the emergence of the concept of a ‘single continental shelf’, how the concept was used and the context of its usage. Then the article will analyse the differences between the inner and outer continental shelf, including the relevance of the principle of natural prolongation. The article will finally answer the question of whether the phrase ‘single continental shelf’ is an accurate term to describe the continental shelf regime.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47142516","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 : 2022-02-27DOI: 10.1163/24519391-07010004
Christine Pichel
Article 121(3) of the 1982 United Nations Convention on the Law of the Sea (unclos) provides for the legal definition of the term “rocks” in international law. This article focuses on key aspects of the interpretation of this provision by the South China Sea Arbitral Tribunal in its Award of 12 July 2016 taking into consideration the current state and prospects of development of international law regarding Article 121(3) of unclos. This research discusses in particular, the method of interpretation applied by the Arbitral Tribunal to define the terms established in Article 121(3) of unclos as well as the meaning given to those terms by the Arbitral Tribunal. In addition, this article examines the (potential) impact of the South China Sea Arbitral Tribunal Award of 12 July 2016 on future State practice and jurisprudence as regards the interpretation and application of Article 121(3) of unclos.
{"title":"The Unfortunate Wording of Article 121(3) of unclos and Its Interpretation in the 2016 South China Sea Arbitration Award","authors":"Christine Pichel","doi":"10.1163/24519391-07010004","DOIUrl":"https://doi.org/10.1163/24519391-07010004","url":null,"abstract":"\u0000Article 121(3) of the 1982 United Nations Convention on the Law of the Sea (unclos) provides for the legal definition of the term “rocks” in international law. This article focuses on key aspects of the interpretation of this provision by the South China Sea Arbitral Tribunal in its Award of 12 July 2016 taking into consideration the current state and prospects of development of international law regarding Article 121(3) of unclos. This research discusses in particular, the method of interpretation applied by the Arbitral Tribunal to define the terms established in Article 121(3) of unclos as well as the meaning given to those terms by the Arbitral Tribunal. In addition, this article examines the (potential) impact of the South China Sea Arbitral Tribunal Award of 12 July 2016 on future State practice and jurisprudence as regards the interpretation and application of Article 121(3) of unclos.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48647236","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 : 2022-02-27DOI: 10.1163/24519391-07010011
C. Goodman
The untapped potential of offshore wind is vast, and will be critical in the global transition to renewable energy and carbon neutrality. Although Australia’s waters are home to enough wind energy to cover its entire electricity needs, the lack of a regulatory framework has prevented the establishment of an offshore wind industry. However, with the passage of the Offshore Electricity Infrastructure Act 2021, there are now significant opportunities for the offshore generation of renewable energy, as well as the transmission of electricity within—and beyond—Australian waters. Framed by consideration of the global and regional context, this paper provides a meaningful perspective on the potential for offshore wind energy in Australia, outlines the new regulatory framework which will enable it to be realised, and highlights key points of contact with contemporary issues of ocean law and policy.
{"title":"Winds of Change in Australian Waters: The Offshore Electricity Infrastructure Act 2021","authors":"C. Goodman","doi":"10.1163/24519391-07010011","DOIUrl":"https://doi.org/10.1163/24519391-07010011","url":null,"abstract":"\u0000The untapped potential of offshore wind is vast, and will be critical in the global transition to renewable energy and carbon neutrality. Although Australia’s waters are home to enough wind energy to cover its entire electricity needs, the lack of a regulatory framework has prevented the establishment of an offshore wind industry. However, with the passage of the Offshore Electricity Infrastructure Act 2021, there are now significant opportunities for the offshore generation of renewable energy, as well as the transmission of electricity within—and beyond—Australian waters. Framed by consideration of the global and regional context, this paper provides a meaningful perspective on the potential for offshore wind energy in Australia, outlines the new regulatory framework which will enable it to be realised, and highlights key points of contact with contemporary issues of ocean law and policy.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43734100","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 : 2022-02-27DOI: 10.1163/24519391-07010013
Yucong Wang
{"title":"Free Trade Agreements and Marine Species Sustainability: United States Files Environmental Complaint against Mexico to Protect Vanishing Vaquita","authors":"Yucong Wang","doi":"10.1163/24519391-07010013","DOIUrl":"https://doi.org/10.1163/24519391-07010013","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45456999","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 : 2021-10-19DOI: 10.1163/24519391-06020004
Nong Hong
There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.
{"title":"Weighing the Sources of International Law","authors":"Nong Hong","doi":"10.1163/24519391-06020004","DOIUrl":"https://doi.org/10.1163/24519391-06020004","url":null,"abstract":"\u0000There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48753711","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 : 2021-10-19DOI: 10.1163/24519391-06020014
Aleke Stöfen-O’Brien
{"title":"New Beginnings: Towards a Global Treaty on Marine Plastic Pollution-Perspectives from the Asia-Pacific Region","authors":"Aleke Stöfen-O’Brien","doi":"10.1163/24519391-06020014","DOIUrl":"https://doi.org/10.1163/24519391-06020014","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47115915","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 : 2021-10-19DOI: 10.1163/24519391-06020002
N. H. Thao
Malaysia’s partial submission to the United Nations Commission on the Limits of the Continental Shelf on its extended continental shelf beyond 200 nm limit made in December 2019 sparked a new legal battle of diplomatic notes on the South China Sea (scs) from claimant States (Brunei, China, Malaysia, the Philippines and Viet Nam) and non-claimant States (Australia, Germany, France, Japan, Indonesia, New Zealand, the United Kingdom and the United States). It has greater volume and significance compared to the first exchange of notes in 2009 – 2011. This article examines the impact of diplomatic notes among claimants on the prospect for the peaceful settlement of the maritime disputes in the scs.
{"title":"South China Sea","authors":"N. H. Thao","doi":"10.1163/24519391-06020002","DOIUrl":"https://doi.org/10.1163/24519391-06020002","url":null,"abstract":"\u0000Malaysia’s partial submission to the United Nations Commission on the Limits of the Continental Shelf on its extended continental shelf beyond 200 nm limit made in December 2019 sparked a new legal battle of diplomatic notes on the South China Sea (scs) from claimant States (Brunei, China, Malaysia, the Philippines and Viet Nam) and non-claimant States (Australia, Germany, France, Japan, Indonesia, New Zealand, the United Kingdom and the United States). It has greater volume and significance compared to the first exchange of notes in 2009 – 2011. This article examines the impact of diplomatic notes among claimants on the prospect for the peaceful settlement of the maritime disputes in the scs.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45563252","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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