Pub Date : 2021-06-24DOI: 10.1163/24519391-06010008
J. Espenilla
{"title":"The Philippines","authors":"J. Espenilla","doi":"10.1163/24519391-06010008","DOIUrl":"https://doi.org/10.1163/24519391-06010008","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":"49526753","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 : 2020-12-21DOI: 10.1163/24519391-05020007
K. Scott
{"title":"New Zealand","authors":"K. Scott","doi":"10.1163/24519391-05020007","DOIUrl":"https://doi.org/10.1163/24519391-05020007","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42420920","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 : 2020-12-21DOI: 10.1163/24519391-05020015
James Kraska
{"title":"The Trump Administration Aligns U.S. Policy with the 2016 South China Sea Ruling","authors":"James Kraska","doi":"10.1163/24519391-05020015","DOIUrl":"https://doi.org/10.1163/24519391-05020015","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42599999","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 : 2020-12-21DOI: 10.1163/24519391-05020002
Robert C. Steenkamp, Cameron S. G. Jefferies
On 26 December 2018, Japan announced that it would withdraw from the International Whaling Commission (iwc) and indicated its intention to begin commercial whaling for the first time in 30 years. Despite the ethical and political outcry from several States, the legal ramifications of Japan’s withdrawal requires further analysis. This article examines the relationship between Japan and the iwc ex ante and ex post Japan’s withdrawal. Such an examination highlights the influence that Japan’s international duty to cooperate in the conservation and management of cetaceans might have across various international instruments. Japan is no longer bound by the recommendations and resolutions of the iwc; however, Japan remains a member of both the United Nations Convention on the Law of the Sea and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. With this in mind, the article examines the interaction between these three international instruments as well as the influence that such interaction might have on Japan’s international obligation to cooperate in the conservation of cetaceans.
{"title":"In Pursuit of the White Whale of Cooperation","authors":"Robert C. Steenkamp, Cameron S. G. Jefferies","doi":"10.1163/24519391-05020002","DOIUrl":"https://doi.org/10.1163/24519391-05020002","url":null,"abstract":"\u0000On 26 December 2018, Japan announced that it would withdraw from the International Whaling Commission (iwc) and indicated its intention to begin commercial whaling for the first time in 30 years. Despite the ethical and political outcry from several States, the legal ramifications of Japan’s withdrawal requires further analysis. This article examines the relationship between Japan and the iwc ex ante and ex post Japan’s withdrawal. Such an examination highlights the influence that Japan’s international duty to cooperate in the conservation and management of cetaceans might have across various international instruments. Japan is no longer bound by the recommendations and resolutions of the iwc; however, Japan remains a member of both the United Nations Convention on the Law of the Sea and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. With this in mind, the article examines the interaction between these three international instruments as well as the influence that such interaction might have on Japan’s international obligation to cooperate in the conservation of cetaceans.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46805976","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 : 2020-12-21DOI: 10.1163/24519391-05020003
Ruiyao He, Yen-Chiang Chang
China is a large State with a large population and an enormous fishing industry. The marine fishery labour force represents a significant proportion of Chinese labour market share. Due to the special nature of working in marine fisheries, female workers have long represented a significant proportion of the workforce but have been undervalued or even recognised. So far, there has been little research on the protection of female workers’ rights in this field. In 2017, the Secretary-General of the United Nations presented the issue of people on the ocean in a special chapter within the Oceans and the Law of the Sea Report, highlighting the protection of women’s rights in the field of marine fisheries. There is evidence that this issue has already attracted the attention of the international community. Studying the issue of female workers’ protection in this field encourages the standardisation of the marine fishery labour market, thus promoting sound future development. As a result, this article tries to address the necessity for the legal protection of female workers in the field of marine fishery, through an analysis of the evolution of the marine fishery labour force and the current situation as regards the issue of human rights. To date, there is still a lack of effective protection of women’s rights in marine fisheries, especially through legal means, which requires to be addressed.
{"title":"Strengthening the Legal Protection of Female Workers in Marine Fisheries—A Chinese Perspective","authors":"Ruiyao He, Yen-Chiang Chang","doi":"10.1163/24519391-05020003","DOIUrl":"https://doi.org/10.1163/24519391-05020003","url":null,"abstract":"\u0000China is a large State with a large population and an enormous fishing industry. The marine fishery labour force represents a significant proportion of Chinese labour market share. Due to the special nature of working in marine fisheries, female workers have long represented a significant proportion of the workforce but have been undervalued or even recognised. So far, there has been little research on the protection of female workers’ rights in this field. In 2017, the Secretary-General of the United Nations presented the issue of people on the ocean in a special chapter within the Oceans and the Law of the Sea Report, highlighting the protection of women’s rights in the field of marine fisheries. There is evidence that this issue has already attracted the attention of the international community. Studying the issue of female workers’ protection in this field encourages the standardisation of the marine fishery labour market, thus promoting sound future development. As a result, this article tries to address the necessity for the legal protection of female workers in the field of marine fishery, through an analysis of the evolution of the marine fishery labour force and the current situation as regards the issue of human rights. To date, there is still a lack of effective protection of women’s rights in marine fisheries, especially through legal means, which requires to be addressed.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43114651","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 : 2020-12-21DOI: 10.1163/24519391-05020009
Yubing Shi
{"title":"China","authors":"Yubing Shi","doi":"10.1163/24519391-05020009","DOIUrl":"https://doi.org/10.1163/24519391-05020009","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42215038","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 : 2020-12-21DOI: 10.1163/24519391-05020004
Vasco Becker-Weinberg
South Korea faces a complex situation of overlapping claims in the East China Sea and the Yellow Sea, in addition to those in the East Sea (or Sea of Japan). The boundary disputes in the East China Sea and the Yellow Sea raise two distinctive challenges. The first concerns the joint development agreement signed with Japan almost four decades ago. This agreement is at a stalemate and its initial term of fifty years is fast approaching. There are also reports that the dormancy of the agreement might be partly attributed to an alleged material breach by Japan. Therefore, South Korea should consider the available alternatives, particularly if Japan does not intend to renew the joint development agreement, but instead proceed with its termination. The second challenge concerns the inter-Korean relations and the legal relevance of the Northern Limit Line as a maritime boundary. Although there is no foreseeable timeline for North and South Korea to address the matter, mainly as there are no on-going negotiations, this will ultimately be a key aspect of a future settlement. This article examines these two challenges and attempts to put forward some tentative conclusions regarding the available options for South Korea in both situations.
{"title":"South Korea Boundary Disputes in the East China Sea and the Yellow Sea","authors":"Vasco Becker-Weinberg","doi":"10.1163/24519391-05020004","DOIUrl":"https://doi.org/10.1163/24519391-05020004","url":null,"abstract":"\u0000South Korea faces a complex situation of overlapping claims in the East China Sea and the Yellow Sea, in addition to those in the East Sea (or Sea of Japan). The boundary disputes in the East China Sea and the Yellow Sea raise two distinctive challenges. The first concerns the joint development agreement signed with Japan almost four decades ago. This agreement is at a stalemate and its initial term of fifty years is fast approaching. There are also reports that the dormancy of the agreement might be partly attributed to an alleged material breach by Japan. Therefore, South Korea should consider the available alternatives, particularly if Japan does not intend to renew the joint development agreement, but instead proceed with its termination. The second challenge concerns the inter-Korean relations and the legal relevance of the Northern Limit Line as a maritime boundary. Although there is no foreseeable timeline for North and South Korea to address the matter, mainly as there are no on-going negotiations, this will ultimately be a key aspect of a future settlement. This article examines these two challenges and attempts to put forward some tentative conclusions regarding the available options for South Korea in both situations.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41509171","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 : 2020-12-21DOI: 10.1163/24519391-05020005
C. Whomersley
The principle that a ship is subject to the exclusive jurisdiction of the flag State on the high seas is firmly established. But given the prevalence of open registries and the multiple challenges in the maritime sphere, such as maritime safety, the popularity of cruise holidays, the promotion of human rights for those working at sea, and the need to combat iuu fishing, is it any longer tenable to slavishly follow the principle? International instruments and judicial decisions have emphasised the responsibilities of flag States. But States have also increasingly turned to other mechanisms, especially port State control, to deal with the various problems.
{"title":"The Principle of Exclusive Flag State Jurisdiction","authors":"C. Whomersley","doi":"10.1163/24519391-05020005","DOIUrl":"https://doi.org/10.1163/24519391-05020005","url":null,"abstract":"\u0000The principle that a ship is subject to the exclusive jurisdiction of the flag State on the high seas is firmly established. But given the prevalence of open registries and the multiple challenges in the maritime sphere, such as maritime safety, the popularity of cruise holidays, the promotion of human rights for those working at sea, and the need to combat iuu fishing, is it any longer tenable to slavishly follow the principle? International instruments and judicial decisions have emphasised the responsibilities of flag States. But States have also increasingly turned to other mechanisms, especially port State control, to deal with the various problems.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42670377","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 : 2020-06-19DOI: 10.1163/24519391-00501009
Joanna Mossop
New Zealand’s maritime zones cover a very large area. This article explores the extent to which these maritime zones are protected through marine protected areas and area based management. There are several different types of protection in New Zealand waters, from marine reserves that prohibit fishing to marine mammal sanctuaries and benthic protection zones. Māori play an important role in the establishment and management of many of these areas. However, in general the legislation that addresses marine protection is disjointed and there are important gaps in coverage. Attempts to reform the legislation have not yet succeeded.
{"title":"Marine Protected Areas and Area-Based Management in New Zealand","authors":"Joanna Mossop","doi":"10.1163/24519391-00501009","DOIUrl":"https://doi.org/10.1163/24519391-00501009","url":null,"abstract":"New Zealand’s maritime zones cover a very large area. This article explores the extent to which these maritime zones are protected through marine protected areas and area based management. There are several different types of protection in New Zealand waters, from marine reserves that prohibit fishing to marine mammal sanctuaries and\u0000benthic protection zones. Māori play an important role in the establishment and management of many of these areas. However, in general the legislation that addresses marine protection is disjointed and there are important gaps in coverage. Attempts to reform the legislation have not yet succeeded.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00501009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42897541","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 : 2020-06-19DOI: 10.1163/24519391-00501008
Anna-Maria Hubert, S. Gray
Over the past few years, Canada has achieved significant progress in its efforts to meet its international and domestic commitments to area-based marine protection. It has now extended protections, in some form, to almost eight per cent of its coastal and ocean waters. However, critical issues remain concerning implementation. This article describes and critically analyses Canada’s progress on area-based marine protection in view of international principles, standards, and criteria. It provides an overview of the broader jurisdictional, legislative, and policy framework for area-based marine protection, before outlining the key federal legislative schemes that form Canada’s marine protected areas (mpas) network. It also discusses provincial (subnational) area-based marine protection, as well as new initiatives to establish offshore Indigenous protected and conserved areas, and highlights cooperative arrangements made with other states. Finally, it provides some future outlooks for area-based marine protection in Canada.
{"title":"Area-Based Marine Protection in Canada","authors":"Anna-Maria Hubert, S. Gray","doi":"10.1163/24519391-00501008","DOIUrl":"https://doi.org/10.1163/24519391-00501008","url":null,"abstract":"Over the past few years, Canada has achieved significant progress in its efforts to meet its international and domestic commitments to area-based marine protection. It has now extended protections, in some form, to almost eight per cent of its coastal and ocean waters. However, critical issues remain concerning implementation. This article describes and critically analyses Canada’s progress on area-based marine protection in view of international principles, standards, and criteria. It provides an overview of the broader jurisdictional, legislative, and policy framework for area-based marine protection, before outlining the key federal legislative schemes that form Canada’s marine protected areas (mpas) network. It also discusses provincial (subnational) area-based marine protection, as well as new initiatives to establish offshore Indigenous protected and conserved areas, and highlights cooperative arrangements made with other states. Finally, it provides some future outlooks for area-based marine protection in Canada.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00501008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44682360","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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