Pub Date : 2020-06-19DOI: 10.1163/24519391-00501014
Yubing Shi
{"title":"China’s First Local Regulation on Air Pollution from Vessels","authors":"Yubing Shi","doi":"10.1163/24519391-00501014","DOIUrl":"https://doi.org/10.1163/24519391-00501014","url":null,"abstract":"","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/10.1163/24519391-00501014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48339928","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: 10.1163/24519391-00501006
J. Espenilla
The Philippines has had a long history of using marine protected areas (mpas) to achieve fishery and biodiversity conservation goals. mpas are “clearly defined geographical spaces, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” Within the scope of these definitions, Philippine mpas have taken the form of “no-take” marine sanctuaries, marine reserves where both extractive and non-extractive activities are allowed but regulated, and marine parks and protected seascapes, where various uses are relegated to defined zones. Interestingly, the country was able to develop a unique legal framework that took into consideration both national and local contexts for marine environmental governance. This article thus aims to shed some light on the Philippine experience, emphasizing the various issues and concerns caused by the unique regulatory and governance set up of the country’s mpas.
{"title":"Area-Based Marine Protection in the Philippines","authors":"J. Espenilla","doi":"10.1163/24519391-00501006","DOIUrl":"https://doi.org/10.1163/24519391-00501006","url":null,"abstract":"The Philippines has had a long history of using marine protected areas (mpas) to achieve fishery and biodiversity conservation goals. mpas are “clearly defined geographical spaces, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” Within the scope of these definitions, Philippine mpas have taken the form of “no-take” marine sanctuaries, marine reserves where both extractive and non-extractive activities are allowed but regulated, and marine parks and protected seascapes, where various uses are relegated to defined zones. Interestingly, the country was able to develop a unique legal framework that took into consideration both national and local contexts for marine environmental governance. This article thus aims to shed some light on the Philippine experience, emphasizing the various issues and concerns caused by the unique regulatory and governance set up of the country’s mpas.","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/10.1163/24519391-00501006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44562718","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: 10.1163/24519391-00501010
Quentin Hanich, C. Schofield, C. Smyth
The definition of large-scale marine protected areas in the Pacific Ocean is fundamental to the achievement of global marine conservation targets. The threatened nature of the global ocean is emphasised, the evolution of global spatial targets for marine conservation outlined and the implementation of large-scale marine protected areas in Australia and the Pacific Ocean more broadly is reviewed. The article concludes with some reflections on the efficacy of such mechanisms in the Pacific.
{"title":"Going Big in the Pacific","authors":"Quentin Hanich, C. Schofield, C. Smyth","doi":"10.1163/24519391-00501010","DOIUrl":"https://doi.org/10.1163/24519391-00501010","url":null,"abstract":"The definition of large-scale marine protected areas in the Pacific Ocean is fundamental to the achievement of global marine conservation targets. The threatened nature of the global ocean is emphasised, the evolution of global spatial targets for marine conservation outlined and the implementation of large-scale marine protected areas in Australia and the Pacific Ocean more broadly is reviewed. The article concludes with some reflections on the efficacy of such mechanisms in the Pacific.","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/10.1163/24519391-00501010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45180008","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: 10.1163/24519391-00501016
Anastasia Telesetsky
{"title":"South Carolina Conservation League v. Ross","authors":"Anastasia Telesetsky","doi":"10.1163/24519391-00501016","DOIUrl":"https://doi.org/10.1163/24519391-00501016","url":null,"abstract":"","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/10.1163/24519391-00501016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44997313","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 : 2019-12-11DOI: 10.1163/24519391-00402014
Yubing Shi
{"title":"China","authors":"Yubing Shi","doi":"10.1163/24519391-00402014","DOIUrl":"https://doi.org/10.1163/24519391-00402014","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00402014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42157312","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 : 2019-06-19DOI: 10.1163/24519391-00401006
Yubing Shi
{"title":"China","authors":"Yubing Shi","doi":"10.1163/24519391-00401006","DOIUrl":"https://doi.org/10.1163/24519391-00401006","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00401006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46255035","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 : 2019-06-19DOI: 10.1163/24519391-00401010
Anastasia Telesetsky
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":"10.1163/24519391-00401010","DOIUrl":"https://doi.org/10.1163/24519391-00401010","url":null,"abstract":"\u0000This 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":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00401010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45925391","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 : 2019-06-19DOI: 10.1163/24519391-00401001
Nina H. B. Jørgensen
This article aims to clarify the legal relationship between Hong Kong’s maritime areas and China’s baseline system by conducting an historical inquiry into how the current status quo was reached and considering the implications for Hong Kong’s future development. China’s well-known position is that the treaties granting authority to the British in Hong Kong, including the ninety-nine year lease of the New Territories, were ‘unequal’ and therefore invalid so that sovereignty over the land and waters of Hong Kong never left Chinese hands and this position would be recognized and remedied at the appropriate time. As the Hong Kong experience illustrates, when territory is surrendered or leased, rights and claims are altered and sometimes extended. The historical evolution of those rights and claims therefore impacts on current territorial relationships. The example of Hong Kong may additionally serve as a reference point for modern day lease arrangements concerning coastal territory made outside the colonial context.
{"title":"The (Unequal) Relationship between Hong Kong’s Waters and China’s Baselines","authors":"Nina H. B. Jørgensen","doi":"10.1163/24519391-00401001","DOIUrl":"https://doi.org/10.1163/24519391-00401001","url":null,"abstract":"This article aims to clarify the legal relationship between Hong Kong’s maritime areas and China’s baseline system by conducting an historical inquiry into how the current status quo was reached and considering the implications for Hong Kong’s future development. China’s well-known position is that the treaties granting authority to the British in Hong Kong, including the ninety-nine year lease of the New Territories, were ‘unequal’ and therefore invalid so that sovereignty over the land and waters of Hong Kong never left Chinese hands and this position would be recognized and remedied at the appropriate time. As the Hong Kong experience illustrates, when territory is surrendered or leased, rights and claims are altered and sometimes extended. The historical evolution of those rights and claims therefore impacts on current territorial relationships. The example of Hong Kong may additionally serve as a reference point for modern day lease arrangements concerning coastal territory made outside the colonial context.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00401001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43824474","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 : 2019-06-19DOI: 10.1163/24519391-00401002
Jo Inge Bekkevold
The recent emergence of coast guard capabilities in East Asia necessitates a deeper assessment of the potential and limit of coast guard co-operation. Developing a framework of analysis based on the experiences of confidence-building measures (cbms) within the United Nations and the Conference on Security and Cooperation in Europe (csce), this article examines if enhanced coast guard cooperation can be a tool to build trust among littoral states in the South China Sea, reduce tension and increase stability in the region. The potential and limit of coast guard cooperation as a confidence-building measure are assessed along five dimensions: First, the importance of local ownership. Second, the necessity of a multi-level operational approach. Moreover, the challenge of spoilers and bureaucratic fragmentation. Fourth, transnational coast guards cooperation in disputed waters, and finally, the risk of cooperation and confidence-building being undermined by great power competition in contested waters.
{"title":"Coast Guard Cooperation in the South China Sea","authors":"Jo Inge Bekkevold","doi":"10.1163/24519391-00401002","DOIUrl":"https://doi.org/10.1163/24519391-00401002","url":null,"abstract":"The recent emergence of coast guard capabilities in East Asia necessitates a deeper assessment of the potential and limit of coast guard co-operation. Developing a framework of analysis based on the experiences of confidence-building measures (cbms) within the United Nations and the Conference on Security and Cooperation in Europe (csce), this article examines if enhanced coast guard cooperation can be a tool to build trust among littoral states in the South China Sea, reduce tension and increase stability in the region. The potential and limit of coast guard cooperation as a confidence-building measure are assessed along five dimensions: First, the importance of local ownership. Second, the necessity of a multi-level operational approach. Moreover, the challenge of spoilers and bureaucratic fragmentation. Fourth, transnational coast guards cooperation in disputed waters, and finally, the risk of cooperation and confidence-building being undermined by great power competition in contested waters.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00401002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49548746","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 : 2019-06-19DOI: 10.1163/24519391-00401004
Anastasia Telesetsky
{"title":"Law of the Sea Practice in the Asia Pacific Region","authors":"Anastasia Telesetsky","doi":"10.1163/24519391-00401004","DOIUrl":"https://doi.org/10.1163/24519391-00401004","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2019-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00401004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42683843","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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