Pub Date : 2018-11-01DOI: 10.1163/24519391-00302009
M. Donoghue
The tuna fisheries within the Exclusive Economic Zones of the Pacific islands are the richest in the world. Pacific Islanders have some of the highest per capita fish and seafood consumption rates in the world, and both commercial and subsistence fisheries are of vital significance. This paper sets out a vision for the region’s fisheries that incorporates a number of elements, including sustainable harvesting of targeted fish stocks, protection of habitat, conservation of threatened species, maximising the value to the region of fish harvest, addressing the issues of marine pollution (including plastics), and increasing the employment opportunities for Pacific Islanders in the management and conservation of their resources, to meet Sustainable Development Goal (SDG) 14 and achieve truly sustainable fisheries.
{"title":"Achieving Sustainable Fisheries in The Pacific Islands","authors":"M. Donoghue","doi":"10.1163/24519391-00302009","DOIUrl":"https://doi.org/10.1163/24519391-00302009","url":null,"abstract":"The tuna fisheries within the Exclusive Economic Zones of the Pacific islands are the richest in the world. Pacific Islanders have some of the highest per capita fish and seafood consumption rates in the world, and both commercial and subsistence fisheries are of vital significance. This paper sets out a vision for the region’s fisheries that incorporates a number of elements, including sustainable harvesting of targeted fish stocks, protection of habitat, conservation of threatened species, maximising the value to the region of fish harvest, addressing the issues of marine pollution (including plastics), and increasing the employment opportunities for Pacific Islanders in the management and conservation of their resources, to meet Sustainable Development Goal (SDG) 14 and achieve truly sustainable fisheries.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00302009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45140949","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 : 2018-11-01DOI: 10.1163/24519391-00302004
Joanna Mossop
Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.
{"title":"Can the South China Sea Tribunal’s Conclusions on Traditional Fishing Rights Lead to Cooperative Fishing Arrangements in the Region?","authors":"Joanna Mossop","doi":"10.1163/24519391-00302004","DOIUrl":"https://doi.org/10.1163/24519391-00302004","url":null,"abstract":"Disputes over territorial sovereignty have motivated states to take confrontational positions in respect of vessels from other states fishing in areas around disputed features in the South China Sea. This article suggests that the doctrine of traditional fishing rights, as expressed in the South China Sea Arbitral Award, could provide a legal mechanism that allows states to cooperate on fisheries management without compromising their sovereign claims. However the Tribunal’s conclusions on traditional fishing left a number of key questions unresolved that would need to be subject to further negotiation. There are considerable practical obstacles, especially a lack of political will, that would probably prevent such an agreement from coming to fruition. Nevertheless, this article provides an assessment of a potential option that could be used to foster cooperative fishing arrangements in a particularly contested maritime space.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00302004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48614189","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 : 2018-11-01DOI: 10.1163/24519391-00302002
Robin Warner
Marine areas beyond national jurisdiction cover approximately forty percent of the planet’s surface. They host abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the UN General Assembly (UNGA) Resolution 69/292 to develop the elements of an international legally binding treaty (ILBI) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) has the potential to contribute to a more integrated and cross sectoral system of oceans governance at a global and regional scale. This article reviews the outcome of the Preparatory Committee meetings on the ILBI including areas of convergence and divergence among the negotiating parties. As the process enters the inter-governmental conference phase, it also examines how the anticipated ILBI might enhance existing ocean governance frameworks.
{"title":"Oceans of Opportunity and Challenge","authors":"Robin Warner","doi":"10.1163/24519391-00302002","DOIUrl":"https://doi.org/10.1163/24519391-00302002","url":null,"abstract":"Marine areas beyond national jurisdiction cover approximately forty percent of the planet’s surface. They host abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the UN General Assembly (UNGA) Resolution 69/292 to develop the elements of an international legally binding treaty (ILBI) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) has the potential to contribute to a more integrated and cross sectoral system of oceans governance at a global and regional scale. This article reviews the outcome of the Preparatory Committee meetings on the ILBI including areas of convergence and divergence among the negotiating parties. As the process enters the inter-governmental conference phase, it also examines how the anticipated ILBI might enhance existing ocean governance frameworks.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00302002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46057429","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 : 2018-11-01DOI: 10.1163/24519391-00302006
L. Morris
Coast guard and navies, despite their varying missions, doctrine, and asset composition, share the responsibility of monitoring and defending coastal States from intrusions by foreign vessels into territorial waters. This shared responsibility has taken on added significance over the last decade due to the increasing challenge posed by gray zone actions by maritime actors in East Asia. States now desire greater coast guard-naval cooperation to address such actions, especially near disputed territory where policy-makers seek to contain the challenge using law enforcement, not military means. Yet for most States, the nature of this delineation has not been adequately addressed or is still being determined. Using the region of East Asia as a case study, and drawing upon interoperability linkages with the United States Coast Guard (USCGG) and United States Navy, this paper proposes that greater coordination and interoperability between navies and coast guards should be pursued among States in the region as one prescription to address gray zone challenges. While significant investments in training, C4I (Command, Control, Communications, Computers and Intelligence) and legal authorities are necessary in the long term to achieve true interoperability, this paper proposes steps that states can take to enhance existing linkages.
{"title":"Crossing Interagency Lines","authors":"L. Morris","doi":"10.1163/24519391-00302006","DOIUrl":"https://doi.org/10.1163/24519391-00302006","url":null,"abstract":"Coast guard and navies, despite their varying missions, doctrine, and asset composition, share the responsibility of monitoring and defending coastal States from intrusions by foreign vessels into territorial waters. This shared responsibility has taken on added significance over the last decade due to the increasing challenge posed by gray zone actions by maritime actors in East Asia. States now desire greater coast guard-naval cooperation to address such actions, especially near disputed territory where policy-makers seek to contain the challenge using law enforcement, not military means. Yet for most States, the nature of this delineation has not been adequately addressed or is still being determined. Using the region of East Asia as a case study, and drawing upon interoperability linkages with the United States Coast Guard (USCGG) and United States Navy, this paper proposes that greater coordination and interoperability between navies and coast guards should be pursued among States in the region as one prescription to address gray zone challenges. While significant investments in training, C4I (Command, Control, Communications, Computers and Intelligence) and legal authorities are necessary in the long term to achieve true interoperability, this paper proposes steps that states can take to enhance existing linkages.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00302006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47895520","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 : 2018-06-08DOI: 10.1163/24519391-00301009
T. McDorman
{"title":"The South China Sea Tribunal Awards","authors":"T. McDorman","doi":"10.1163/24519391-00301009","DOIUrl":"https://doi.org/10.1163/24519391-00301009","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42591826","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 : 2018-06-08DOI: 10.1163/24519391-00301003
J. G. Odom
Building upon recent scholarship about the maritime militia of the People’s Republic of China, this article analyzes a number of concerns about that militia’s status and its activities under existing regimes of international law. First, it lays the foundation of general principles of state responsibility and attribution as they pertain to the maritime militia. Thereafter, it identifies and applies three specialized bodies of international law to China’s use of its maritime militia, including the law of the sea, the use of force by states, and the law of naval warfare. Ultimately, the article concludes that there are serious potential consequences and ramifications under international law arising from China’s maritime militia. Looking ahead, the article then provides a series of recommended options that other nations should consider in addressing these legal problems.
{"title":"Guerrillas in the Sea Mist","authors":"J. G. Odom","doi":"10.1163/24519391-00301003","DOIUrl":"https://doi.org/10.1163/24519391-00301003","url":null,"abstract":"Building upon recent scholarship about the maritime militia of the People’s Republic of China, this article analyzes a number of concerns about that militia’s status and its activities under existing regimes of international law. First, it lays the foundation of general principles of state responsibility and attribution as they pertain to the maritime militia. Thereafter, it identifies and applies three specialized bodies of international law to China’s use of its maritime militia, including the law of the sea, the use of force by states, and the law of naval warfare. Ultimately, the article concludes that there are serious potential consequences and ramifications under international law arising from China’s maritime militia. Looking ahead, the article then provides a series of recommended options that other nations should consider in addressing these legal problems.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46275640","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 : 2018-06-08DOI: 10.1163/24519391-00301008
{"title":"Current Legal Developments","authors":"","doi":"10.1163/24519391-00301008","DOIUrl":"https://doi.org/10.1163/24519391-00301008","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43143385","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 : 2018-06-08DOI: 10.1163/24519391-00301002
Zoe Scanlon, Robert Beckman
The Philippines v China Award contained a number of novel and highly progressive findings with respect to obligations for the protection of the marine environment under UNCLOS. Thus far, these elements of the decision have gone largely unexamined in the surrounding literature. This article concentrates on two specific aspects of these findings: the obligations in respect of environmental impact assessments in articles 205 and 206, and articles 197 and 123 and the duty to cooperate. It analyses the Award and identifies some concerns with the Tribunal's reasoning in these areas. Although broadly, the Award upholds effective protections for the marine environment; this article highlights aspects of the decision in which different approaches could have been taken that would have led to stronger outcomes for the marine environment.
{"title":"Assessing Environmental Impact and the Duty to Cooperate","authors":"Zoe Scanlon, Robert Beckman","doi":"10.1163/24519391-00301002","DOIUrl":"https://doi.org/10.1163/24519391-00301002","url":null,"abstract":"The Philippines v China Award contained a number of novel and highly progressive findings with respect to obligations for the protection of the marine environment under UNCLOS. Thus far, these elements of the decision have gone largely unexamined in the surrounding literature. This article concentrates on two specific aspects of these findings: the obligations in respect of environmental impact assessments in articles 205 and 206, and articles 197 and 123 and the duty to cooperate. It analyses the Award and identifies some concerns with the Tribunal's reasoning in these areas. Although broadly, the Award upholds effective protections for the marine environment; this article highlights aspects of the decision in which different approaches could have been taken that would have led to stronger outcomes for the marine environment.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44827416","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 : 2018-06-08DOI: 10.1163/24519391-00301010
Katherine L. Seto, Quentin Hanich
{"title":"The Western and Central Pacific Fisheries Commission and the New Conservation and Management Measure for Tropical Tunas","authors":"Katherine L. Seto, Quentin Hanich","doi":"10.1163/24519391-00301010","DOIUrl":"https://doi.org/10.1163/24519391-00301010","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42237334","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 : 2018-06-08DOI: 10.1163/24519391-00301006
Jiayi Wang
{"title":"Solid Wastes Import Control in China","authors":"Jiayi Wang","doi":"10.1163/24519391-00301006","DOIUrl":"https://doi.org/10.1163/24519391-00301006","url":null,"abstract":"","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2018-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/24519391-00301006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46787945","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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