Pub Date : 2023-03-13DOI: 10.1163/15718085-bja10119
Keyuan Zou, Bingru Niu
Recent developments in marine environmental public interest litigation in China raise questions about the procedure and operation of the procuratorial organ – a body that can support public interest aspects of litigation. This article examines the legal basis of public interest litigation in both a civil and criminal context. It considers the practice of other States, including the United States, as a point of comparison. A key issue is to determine the meaning of public interest, and how this relates to national or social interests, since this will influence the work of procuratorial organs.
{"title":"New Procuratorial Role in Marine Environmental Public Interest Litigation","authors":"Keyuan Zou, Bingru Niu","doi":"10.1163/15718085-bja10119","DOIUrl":"https://doi.org/10.1163/15718085-bja10119","url":null,"abstract":"\u0000Recent developments in marine environmental public interest litigation in China raise questions about the procedure and operation of the procuratorial organ – a body that can support public interest aspects of litigation. This article examines the legal basis of public interest litigation in both a civil and criminal context. It considers the practice of other States, including the United States, as a point of comparison. A key issue is to determine the meaning of public interest, and how this relates to national or social interests, since this will influence the work of procuratorial organs.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41458763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-06DOI: 10.1163/15718085-bja10118
Constantinos Yiallourides
{"title":"Change in the Law of the Sea: Context, Mechanisms and Practice, written by Rozemarijn J. Roland Holst","authors":"Constantinos Yiallourides","doi":"10.1163/15718085-bja10118","DOIUrl":"https://doi.org/10.1163/15718085-bja10118","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49073221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-02DOI: 10.1163/15718085-bja10117
Ai Nhan Ho, P. H. Ngo
This article discusses Vietnam’s efforts to combat illegal, unreported and unregulated (IUU) fishing and future possibilities, including an analysis of the various drivers and causes of IUU fishing in the country. While Vietnam’s efforts and determination in the fight against IUU fishing have been promoted since 2017 when the European Commission imposed a ‘yellow card’ on Vietnam’s fishing industry, the outcome has not been as expected. Among the measures proposed to improve the effectiveness of combating IUU fishing in Vietnam, the focus has been on strengthening the national legal framework. These measures include (i) drafting a law on fishing at sea; (ii) developing a code of responsible fisheries; (iii) amending the penal code to criminalise acts of IUU fishing; and (iv) increasing sanctions for IUU fishing violations. In addition, strengthening law enforcement is discussed as a necessary tool to effectively address IUU fishing in Vietnam.
{"title":"Combating Illegal, Unreported, and Unregulated Fishing: A Vietnamese Perspective","authors":"Ai Nhan Ho, P. H. Ngo","doi":"10.1163/15718085-bja10117","DOIUrl":"https://doi.org/10.1163/15718085-bja10117","url":null,"abstract":"\u0000This article discusses Vietnam’s efforts to combat illegal, unreported and unregulated (IUU) fishing and future possibilities, including an analysis of the various drivers and causes of IUU fishing in the country. While Vietnam’s efforts and determination in the fight against IUU fishing have been promoted since 2017 when the European Commission imposed a ‘yellow card’ on Vietnam’s fishing industry, the outcome has not been as expected. Among the measures proposed to improve the effectiveness of combating IUU fishing in Vietnam, the focus has been on strengthening the national legal framework. These measures include (i) drafting a law on fishing at sea; (ii) developing a code of responsible fisheries; (iii) amending the penal code to criminalise acts of IUU fishing; and (iv) increasing sanctions for IUU fishing violations. In addition, strengthening law enforcement is discussed as a necessary tool to effectively address IUU fishing in Vietnam.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45405724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-25DOI: 10.1163/15718085-bja10116
Mitchell Lennan, Stephanie Switzer
At the 12th Ministerial Conference in June 2022, Members of the World Trade Organization (WTO) reached a historic Agreement on Fisheries Subsidies that aims to contribute to the United Nations Sustainable Development Goals. This article provides the necessary background to the Agreement, tracing briefly the history to the negotiations. After a general overview of the Agreement, three key provisions of the Agreement are examined, namely, the prohibition of subsidies to (1) illegal, unreported and unregulated fishing, (2) the fishing of overexploited stocks, and (3) fisheries on the high seas outside the competence of regional fisheries management organisations. The provisions of the Agreement on special and differential treatment in favour of developing and least developed countries, as well as notable procedural and institutional features, are also considered. The remaining issues still to be addressed at the WTO are highlighted in the conclusion.
{"title":"Agreement on Fisheries Subsidies","authors":"Mitchell Lennan, Stephanie Switzer","doi":"10.1163/15718085-bja10116","DOIUrl":"https://doi.org/10.1163/15718085-bja10116","url":null,"abstract":"\u0000At the 12th Ministerial Conference in June 2022, Members of the World Trade Organization (WTO) reached a historic Agreement on Fisheries Subsidies that aims to contribute to the United Nations Sustainable Development Goals. This article provides the necessary background to the Agreement, tracing briefly the history to the negotiations. After a general overview of the Agreement, three key provisions of the Agreement are examined, namely, the prohibition of subsidies to (1) illegal, unreported and unregulated fishing, (2) the fishing of overexploited stocks, and (3) fisheries on the high seas outside the competence of regional fisheries management organisations. The provisions of the Agreement on special and differential treatment in favour of developing and least developed countries, as well as notable procedural and institutional features, are also considered. The remaining issues still to be addressed at the WTO are highlighted in the conclusion.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45156748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-25DOI: 10.1163/15718085-bja10114
R. Barnes
This article introduces a new initiative to the Journal by launching a rolling series of essays that explore and reflect upon law of the sea scholarship and its relationship with practice. At a time of significant peril to our ocean, it is important to reflect upon the role of scholarship, and its capacity to make a difference, not just to the practice of law, but to the wider intellectual development of the law of the sea, its teaching and its engagement with other disciplines.
{"title":"Reflections on the Waters: Law of the Sea Scholarship and Practice","authors":"R. Barnes","doi":"10.1163/15718085-bja10114","DOIUrl":"https://doi.org/10.1163/15718085-bja10114","url":null,"abstract":"\u0000This article introduces a new initiative to the Journal by launching a rolling series of essays that explore and reflect upon law of the sea scholarship and its relationship with practice. At a time of significant peril to our ocean, it is important to reflect upon the role of scholarship, and its capacity to make a difference, not just to the practice of law, but to the wider intellectual development of the law of the sea, its teaching and its engagement with other disciplines.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46751514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-19DOI: 10.1163/15718085-bja10113
P. Ridings
This article looks at the capacity of law of the sea scholarship to leverage change and evolution in international law. It first situates scholarship within Article 38(1)(d) of the Statute of the International Court of Justice and extends the discussion to introduce law of the sea scholarship as a community of practice. It considers the influence of scholarship on the law of the sea by illustrating 1) the direct and indirect entry points of law of the sea scholarship into the law of the sea, 2) the push-pull forces between scholarship and practice and 3) the contribution that law of the sea scholarship, as a community of practice, can make to the formation of international law. Overcoming the limitations of a law of the sea community of practice can enhance the capacity of legal scholarship to not only shape but to make international law.
{"title":"The Influence of Scholarship on the Shaping and Making of the Law of the Sea","authors":"P. Ridings","doi":"10.1163/15718085-bja10113","DOIUrl":"https://doi.org/10.1163/15718085-bja10113","url":null,"abstract":"\u0000This article looks at the capacity of law of the sea scholarship to leverage change and evolution in international law. It first situates scholarship within Article 38(1)(d) of the Statute of the International Court of Justice and extends the discussion to introduce law of the sea scholarship as a community of practice. It considers the influence of scholarship on the law of the sea by illustrating 1) the direct and indirect entry points of law of the sea scholarship into the law of the sea, 2) the push-pull forces between scholarship and practice and 3) the contribution that law of the sea scholarship, as a community of practice, can make to the formation of international law. Overcoming the limitations of a law of the sea community of practice can enhance the capacity of legal scholarship to not only shape but to make international law.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44253019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-19DOI: 10.1163/15718085-bja10115
Yun-Cheng Deng, Xia Jiang
In June 2020, legislation on the protection of wetlands was included in the 2020 legislative work plan of the Standing Committee of the National People’s Congress of the People’s Republic of China. After three deliberations by the National People’s Congress, the ‘Wetland Protection Law’ (WPL) was approved on 24 December 2021, and officially entered force on 1 June 2022. The WPL consists of seven chapters and sixty five articles, including but not limited to resource management, protection and utilisation for wetland resources, wetland restoration, supervision and inspection, and legal responsibilities. This article reviews this new law with a focus on its main institutional content and innovations.
{"title":"Wetland Protection Law of the People’s Republic of China: New Efforts in Wetland Conservation","authors":"Yun-Cheng Deng, Xia Jiang","doi":"10.1163/15718085-bja10115","DOIUrl":"https://doi.org/10.1163/15718085-bja10115","url":null,"abstract":"\u0000In June 2020, legislation on the protection of wetlands was included in the 2020 legislative work plan of the Standing Committee of the National People’s Congress of the People’s Republic of China. After three deliberations by the National People’s Congress, the ‘Wetland Protection Law’ (WPL) was approved on 24 December 2021, and officially entered force on 1 June 2022. The WPL consists of seven chapters and sixty five articles, including but not limited to resource management, protection and utilisation for wetland resources, wetland restoration, supervision and inspection, and legal responsibilities. This article reviews this new law with a focus on its main institutional content and innovations.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44722323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-11DOI: 10.1163/15718085-12341011
James Harrison
{"title":"The Law of the Sea, written by Robin Churchill, Vaughn Lowe, and Amy Sander","authors":"James Harrison","doi":"10.1163/15718085-12341011","DOIUrl":"https://doi.org/10.1163/15718085-12341011","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45754159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-11DOI: 10.1163/15718085-bja10112
Bastiaan Ewoud Klerk
Among the most pressing issues that remain unresolved in the process of negotiating a new international legally binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ) are the institutional arrangements, as they underpin the treaty as a whole. This article seeks to shed new light on the question of what institutional shape the ILBI should take, by closely analysing the pluralistic governance model that is reflected in the BBNJ Draft text and exploring its potential normative and institutional interactions with the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), under which a vast network of marine protected areas (MPAs) has been put in place. The BBNJ ILBI has great potential to strengthen regional bodies in their endeavours to establish MPAs as opposed to ‘undermine’ them.
{"title":"From Undermining to Strengthening:","authors":"Bastiaan Ewoud Klerk","doi":"10.1163/15718085-bja10112","DOIUrl":"https://doi.org/10.1163/15718085-bja10112","url":null,"abstract":"\u0000Among the most pressing issues that remain unresolved in the process of negotiating a new international legally binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ) are the institutional arrangements, as they underpin the treaty as a whole. This article seeks to shed new light on the question of what institutional shape the ILBI should take, by closely analysing the pluralistic governance model that is reflected in the BBNJ Draft text and exploring its potential normative and institutional interactions with the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention), under which a vast network of marine protected areas (MPAs) has been put in place. The BBNJ ILBI has great potential to strengthen regional bodies in their endeavours to establish MPAs as opposed to ‘undermine’ them.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41380909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-21DOI: 10.1163/15718085-bja10110
Yoshifumi Tanaka
A tension between two opposing forces, that is, the force of division and that of unity, is increasingly sharpened in the law of the sea today. An essential question that arises is how one can protect community interests in the divided ocean. The law of dédoublement fonctionnel advocated by Georges Scelle provides an insight into this question. According to Scelle’s theory of the law of dédoublement fonctionnel, State organs perform a dual function: the national function of protecting State interests and the public service function of safeguarding community interests. The law of dédoublement fonctionnel seeks to reconcile these functions. Scelle’s harmonistic vision of international law is well worth reconsidering in the law of the sea and beyond. This article examines the relevance of Scelle’s theory in the context of the law of the sea and explores two models for the protection of community interests at sea.
{"title":"Reflections on Georges Scelle’s Theory of the Law of dédoublement fonctionnel in the Law of the Sea: Two Models for the Protection of Community Interests","authors":"Yoshifumi Tanaka","doi":"10.1163/15718085-bja10110","DOIUrl":"https://doi.org/10.1163/15718085-bja10110","url":null,"abstract":"A tension between two opposing forces, that is, the force of division and that of unity, is increasingly sharpened in the law of the sea today. An essential question that arises is how one can protect community interests in the divided ocean. The law of dédoublement fonctionnel advocated by Georges Scelle provides an insight into this question. According to Scelle’s theory of the law of dédoublement fonctionnel, State organs perform a dual function: the national function of protecting State interests and the public service function of safeguarding community interests. The law of dédoublement fonctionnel seeks to reconcile these functions. Scelle’s harmonistic vision of international law is well worth reconsidering in the law of the sea and beyond. This article examines the relevance of Scelle’s theory in the context of the law of the sea and explores two models for the protection of community interests at sea.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45367004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：