Pub Date : 2021-10-19DOI: 10.1163/24519391-06020003
Quentin Hanich, Myeong-Pyo Jung, A. McDonald, Seoyeon Oh, S. Moon, Ji-Eun An, Mikyeong Yoon
The Korean tuna fishing fleet has a long history of participation in the tuna fisheries of the Western and Central Pacific Ocean (wcpo), the largest tuna fisheries in the world. As one of the largest distant water fishing fleets operating in the wcpo, Korea has a strong interest in maintaining access to both eez s and the high seas, and ensuring sustainability of the region’s tuna stocks. The regulatory environment for tuna fisheries in the wcpo is complex and multi-layered, with regional, sub-regional and national legislation, regulation and policies all affecting tuna fishing vessels and operations. Management of tuna fisheries within Pacific Island eez s is increasingly being tightened, including through the introduction of zone-based management approaches, and Pacific Island countries are also advocating for improved management of tuna fishing in the high seas. While all four primary tuna species in the wcpo are currently considered healthy, catch rates and economic conditions in the southern and tropical longline fisheries are in decline and catch reductions will be necessary to improve catch rates and increase economic returns for longline vessels. Within this context, the Korean distant water fishing fleet will need to strengthen engagement and cooperation with Pacific island States in order to maintain their competitiveness.
{"title":"Tuna Fisheries Conservation and Management in the Pacific Islands Region","authors":"Quentin Hanich, Myeong-Pyo Jung, A. McDonald, Seoyeon Oh, S. Moon, Ji-Eun An, Mikyeong Yoon","doi":"10.1163/24519391-06020003","DOIUrl":"https://doi.org/10.1163/24519391-06020003","url":null,"abstract":"\u0000The Korean tuna fishing fleet has a long history of participation in the tuna fisheries of the Western and Central Pacific Ocean (wcpo), the largest tuna fisheries in the world. As one of the largest distant water fishing fleets operating in the wcpo, Korea has a strong interest in maintaining access to both eez s and the high seas, and ensuring sustainability of the region’s tuna stocks. The regulatory environment for tuna fisheries in the wcpo is complex and multi-layered, with regional, sub-regional and national legislation, regulation and policies all affecting tuna fishing vessels and operations. Management of tuna fisheries within Pacific Island eez s is increasingly being tightened, including through the introduction of zone-based management approaches, and Pacific Island countries are also advocating for improved management of tuna fishing in the high seas. While all four primary tuna species in the wcpo are currently considered healthy, catch rates and economic conditions in the southern and tropical longline fisheries are in decline and catch reductions will be necessary to improve catch rates and increase economic returns for longline vessels. Within this context, the Korean distant water fishing fleet will need to strengthen engagement and cooperation with Pacific island States in order to maintain their competitiveness.","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":"45844226","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: 10.1163/24519391-06020005
A. Pastra, Meinhard Doelle, Tafsir Johansson
This article carves out China’s maritime state-of-play with regards to greenhouse gas (ghg) mitigating measures with a special focus on carbon dioxide (co2) emission. The article commences with an overview of International Maritime Organization (imo) ghg strategy taking into account the critical targets, proposed plans, schemes and measures aimed at the shipping sector. Discussions then segue into a twofold discussion pertaining to China’s current policy and port governance actions highlighting some of the existing gaps and challenges. Reference is made to remarkable developments from countries considering three vital key elements for an effective green port policy framework before drawing concluding remarks.
{"title":"The Shipping Sector and Ports as Central Actors in the Decarbonization Effort","authors":"A. Pastra, Meinhard Doelle, Tafsir Johansson","doi":"10.1163/24519391-06020005","DOIUrl":"https://doi.org/10.1163/24519391-06020005","url":null,"abstract":"\u0000This article carves out China’s maritime state-of-play with regards to greenhouse gas (ghg) mitigating measures with a special focus on carbon dioxide (co2) emission. The article commences with an overview of International Maritime Organization (imo) ghg strategy taking into account the critical targets, proposed plans, schemes and measures aimed at the shipping sector. Discussions then segue into a twofold discussion pertaining to China’s current policy and port governance actions highlighting some of the existing gaps and challenges. Reference is made to remarkable developments from countries considering three vital key elements for an effective green port policy framework before drawing concluding remarks.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42490393","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: 10.1163/24519391-06020013
W. Gullett
{"title":"The Trail Continues: Liability for Transboundary Environmental Harm Following the Montaro Oil Spill","authors":"W. Gullett","doi":"10.1163/24519391-06020013","DOIUrl":"https://doi.org/10.1163/24519391-06020013","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":"44724700","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 : 2021-06-24DOI: 10.1163/24519391-06010003
Karina Galliford
In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones (eezs) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’.
{"title":"Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands","authors":"Karina Galliford","doi":"10.1163/24519391-06010003","DOIUrl":"https://doi.org/10.1163/24519391-06010003","url":null,"abstract":"\u0000In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones (eezs) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48351180","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 : 2021-06-24DOI: 10.1163/24519391-06010016
W. Gullett
{"title":"Current Legal Developments","authors":"W. Gullett","doi":"10.1163/24519391-06010016","DOIUrl":"https://doi.org/10.1163/24519391-06010016","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45939178","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 : 2021-06-24DOI: 10.1163/24519391-06010007
J. Smith
{"title":"Canada","authors":"J. Smith","doi":"10.1163/24519391-06010007","DOIUrl":"https://doi.org/10.1163/24519391-06010007","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44195744","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 : 2021-06-24DOI: 10.1163/24519391-06010005
Giulia Demontis
The long-awaited judgment on the M/V Norstar case has clarified – at least for the time being – the meaning, interpretation and scope of application of the principle of freedom of the seas as a long-standing, customary principle of international law. Through an historical analysis of the principle and a framing of the ruling within the United Nations Convention on the Law of the Sea, this article aims at providing a critical reading of the decision of the International Tribunal for the Law of the Sea.
{"title":"The Concept of Freedom of Navigation in Light of ITLOS Interpretation in the Norstar Case","authors":"Giulia Demontis","doi":"10.1163/24519391-06010005","DOIUrl":"https://doi.org/10.1163/24519391-06010005","url":null,"abstract":"\u0000The long-awaited judgment on the M/V Norstar case has clarified – at least for the time being – the meaning, interpretation and scope of application of the principle of freedom of the seas as a long-standing, customary principle of international law. Through an historical analysis of the principle and a framing of the ruling within the United Nations Convention on the Law of the Sea, this article aims at providing a critical reading of the decision of the International Tribunal for the Law of the Sea.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42590839","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 : 2021-06-24DOI: 10.1163/24519391-06010011
Seokwoo Lee, Jiayi Wang
On 13 August 2017, a Chinese-flagged carrier vessel, Fu Yuan Yu Leng 999, entered the Galapagos Marine Reserve (gmr) without giving appropriate notice, on the captain’s explanation that he entered the area to shelter the vessel from strong winds. Ecuadorian naval aircraft and a coastguard ship began to pursue the vessel from the internal waters and it was intercepted within the territorial sea. This area belongs to the new marine sanctuary of the gmr, where high levels of protection are implemented, and all fishing activities are prohibited. This incident reflects that, as the world’s largest distant-water fisheries (dwf) nation, much more needs to be done by China to crack down on illegal, unreported and unregulated (iuu) fishing and to promote the orderly development of dwf.
{"title":"The Criminal Jurisdiction and Applicable Law concerning the Fu Yuan Yu Leng 999 Case","authors":"Seokwoo Lee, Jiayi Wang","doi":"10.1163/24519391-06010011","DOIUrl":"https://doi.org/10.1163/24519391-06010011","url":null,"abstract":"\u0000On 13 August 2017, a Chinese-flagged carrier vessel, Fu Yuan Yu Leng 999, entered the Galapagos Marine Reserve (gmr) without giving appropriate notice, on the captain’s explanation that he entered the area to shelter the vessel from strong winds. Ecuadorian naval aircraft and a coastguard ship began to pursue the vessel from the internal waters and it was intercepted within the territorial sea. This area belongs to the new marine sanctuary of the gmr, where high levels of protection are implemented, and all fishing activities are prohibited. This incident reflects that, as the world’s largest distant-water fisheries (dwf) nation, much more needs to be done by China to crack down on illegal, unreported and unregulated (iuu) fishing and to promote the orderly development of dwf.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49563939","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 : 2021-06-24DOI: 10.1163/24519391-06010002
Jeffrey I. Sheehy
This article reflects on the first-ever compulsory conciliation under the law of the sea and its significance to international law and diplomacy. The conditions for ending the dispute between Timor-Leste and Australia were only created through a genuine combination of both law and diplomacy as facilitated by an expert commission. Through successive milestones, the United Nations Convention on the Law of the Sea (unclos) conciliation framework and the conciliation commission itself, was able to successfully shift the reluctant State (Australia) from resistance, to engagement, and ultimately, to resolution. The conciliation also showed how Timor-Leste’s sovereign interpretation of maritime rights under international law was a compelling argument in the context of historical factors and its self-determination. Ultimately, a treaty was agreed through the conciliation despite competing views of international law’s relationship to diplomacy and indeed on maritime boundary delimitation methodology itself. A reflection on this triumph of the liberal international order is beneficial for both Timor-Leste and Australia as they seek further cooperation under the new treaty, and for other States facing entrenched disputes as well.
{"title":"Law and Diplomacy, Sovereignty and Consent","authors":"Jeffrey I. Sheehy","doi":"10.1163/24519391-06010002","DOIUrl":"https://doi.org/10.1163/24519391-06010002","url":null,"abstract":"\u0000This article reflects on the first-ever compulsory conciliation under the law of the sea and its significance to international law and diplomacy. The conditions for ending the dispute between Timor-Leste and Australia were only created through a genuine combination of both law and diplomacy as facilitated by an expert commission. Through successive milestones, the United Nations Convention on the Law of the Sea (unclos) conciliation framework and the conciliation commission itself, was able to successfully shift the reluctant State (Australia) from resistance, to engagement, and ultimately, to resolution. The conciliation also showed how Timor-Leste’s sovereign interpretation of maritime rights under international law was a compelling argument in the context of historical factors and its self-determination. Ultimately, a treaty was agreed through the conciliation despite competing views of international law’s relationship to diplomacy and indeed on maritime boundary delimitation methodology itself. A reflection on this triumph of the liberal international order is beneficial for both Timor-Leste and Australia as they seek further cooperation under the new treaty, and for other States facing entrenched disputes as well.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43240555","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 : 2021-06-24DOI: 10.1163/24519391-06010004
Hai Vu
In October 2019, the Association of Southeast Asian Nations (asean) Telecommuni cation and Information Technology Ministers adopted the asean Guidelines for Strengthening Resilience and Repair of Submarine Cables. This is the first instrument relating specifically to telecommunication submarine cables under asean. This represents an important increase of awareness by asean about a swift process for submarine cables repairing. However, the Guidelines recognise that coastal States can grant permits over the repair of submarine cables in waters where they have sovereign rights and jurisdiction, an approach also adopted by many asean Member States. This article argues for an improvement of the freedom of repairing submarine cables in the region in order to expedite the repair of submarine cables in Southeast Asia. It does so by identifying what can be improved in the process of granting permits for repairing submarine cables in asean Member States and suggesting next steps to be taken by asean.
{"title":"Improving the Freedom of Repairing Telecommunication Submarine Cables in Southeast Asia","authors":"Hai Vu","doi":"10.1163/24519391-06010004","DOIUrl":"https://doi.org/10.1163/24519391-06010004","url":null,"abstract":"\u0000In October 2019, the Association of Southeast Asian Nations (asean) Telecommuni cation and Information Technology Ministers adopted the asean Guidelines for Strengthening Resilience and Repair of Submarine Cables. This is the first instrument relating specifically to telecommunication submarine cables under asean. This represents an important increase of awareness by asean about a swift process for submarine cables repairing. However, the Guidelines recognise that coastal States can grant permits over the repair of submarine cables in waters where they have sovereign rights and jurisdiction, an approach also adopted by many asean Member States. This article argues for an improvement of the freedom of repairing submarine cables in the region in order to expedite the repair of submarine cables in Southeast Asia. It does so by identifying what can be improved in the process of granting permits for repairing submarine cables in asean Member States and suggesting next steps to be taken by asean.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49215685","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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