Pub Date : 2022-12-05DOI: 10.1163/15718085-bja10109
B. Magnússon
{"title":"The Continental Shelf Delimitation Beyond 200 Nautical Miles: Towards A Common Approach to Maritime Boundary-Making, written by Xuexia Liao","authors":"B. Magnússon","doi":"10.1163/15718085-bja10109","DOIUrl":"https://doi.org/10.1163/15718085-bja10109","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41944314","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 : 2022-10-18DOI: 10.1163/15718085-bja10107
Dita Liliansa
This article investigates the role of regional soft law instruments in the implementation of international obligations for the protection of the marine environment through a case study on the protection of endangered sea turtles and their habitats in Southeast Asia. It explores six non-binding instruments adopted within and beyond the aegis of the Association of Southeast Asian Nations. It assesses the extent to which they provide the means to implement international obligations under the United Nations Convention for the Law of the Sea (LOSC). It concludes that these instruments demonstrate a dual role in the implementation of the LOSC: not only can they be key considerations in determining whether States have implemented their duty to cooperate, they can also guide the interpretation of the duty to act with due diligence to protect endangered sea turtles and their habitats.
{"title":"Sea Turtles Protection in Southeast Asia: Linkages and Role of Soft Law Instruments in the Implementation of the Law of the Sea Convention","authors":"Dita Liliansa","doi":"10.1163/15718085-bja10107","DOIUrl":"https://doi.org/10.1163/15718085-bja10107","url":null,"abstract":"\u0000This article investigates the role of regional soft law instruments in the implementation of international obligations for the protection of the marine environment through a case study on the protection of endangered sea turtles and their habitats in Southeast Asia. It explores six non-binding instruments adopted within and beyond the aegis of the Association of Southeast Asian Nations. It assesses the extent to which they provide the means to implement international obligations under the United Nations Convention for the Law of the Sea (LOSC). It concludes that these instruments demonstrate a dual role in the implementation of the LOSC: not only can they be key considerations in determining whether States have implemented their duty to cooperate, they can also guide the interpretation of the duty to act with due diligence to protect endangered sea turtles and their habitats.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44868124","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 : 2022-10-10DOI: 10.1163/15718085-bja10108
Aleke Stöfen-O’Brien
On 2 March 2022, the United Nations Environment Assembly to the United Nations Environment Program (UNEP) requested the Executive Director of UNEP to convene an international negotiating committee towards the negotiation of an international legally binding instrument on plastics by 2024. This article examines some of the proposed elements of such an instrument and outlines the next steps that can be expected in the negotiations. It also reflects on the results of the ad hoc open-ended working group to prepare for the work of the intergovernmental negotiating committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, which was convened in Dakar, Senegal, from 30 May to 1 June 2022. Ensuring legal certainty of key features of the new agreement, such as the circular economy and support for developing countries and countries with economies in transition, will be subject to particular scrutiny.
{"title":"The Prospects of an International Treaty on Plastic Pollution","authors":"Aleke Stöfen-O’Brien","doi":"10.1163/15718085-bja10108","DOIUrl":"https://doi.org/10.1163/15718085-bja10108","url":null,"abstract":"\u0000On 2 March 2022, the United Nations Environment Assembly to the United Nations Environment Program (UNEP) requested the Executive Director of UNEP to convene an international negotiating committee towards the negotiation of an international legally binding instrument on plastics by 2024. This article examines some of the proposed elements of such an instrument and outlines the next steps that can be expected in the negotiations. It also reflects on the results of the ad hoc open-ended working group to prepare for the work of the intergovernmental negotiating committee to develop an international legally binding instrument on plastic pollution, including in the marine environment, which was convened in Dakar, Senegal, from 30 May to 1 June 2022. Ensuring legal certainty of key features of the new agreement, such as the circular economy and support for developing countries and countries with economies in transition, will be subject to particular scrutiny.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47358996","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 : 2022-10-10DOI: 10.1163/15718085-bja10105
P. P. Nickels
{"title":"Research Handbook on Ocean Acidification Law and Policy, edited by David L VanderZwaag, Nilüfer Oral and Tim Stephens","authors":"P. P. Nickels","doi":"10.1163/15718085-bja10105","DOIUrl":"https://doi.org/10.1163/15718085-bja10105","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41273749","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 : 2022-10-06DOI: 10.1163/15718085-bja10106
D. Vidas, D. Freestone
This article identifies and documents a trend in State practice over the past decade or so, regarding the impact of sea level rise on the lawfully determined limits of maritime zones and the existing maritime boundaries. It juxtaposes this development with the findings and recommendations of two committees of the International Law Association in 2012 and 2018 – the Committees on Baselines and Sea Level Rise – and examines the role played since 2019 by the International Law Commission. It explores the implications of emerging State practice for the interpretation of the rules and principles of the 1982 UN Law of the Sea Convention. It documents the complex interactions between the findings of international law scholarship and the evolution of State practice, and concludes that this interaction has played an important role in facilitating legal certainty and stability in the development of a response to this increasingly pressing international law issue.
{"title":"Legal Certainty and Stability in the Face of Sea Level Rise: Trends in the Development of State Practice and International Law Scholarship on Maritime Limits and Boundaries","authors":"D. Vidas, D. Freestone","doi":"10.1163/15718085-bja10106","DOIUrl":"https://doi.org/10.1163/15718085-bja10106","url":null,"abstract":"\u0000 This article identifies and documents a trend in State practice over the past decade or so, regarding the impact of sea level rise on the lawfully determined limits of maritime zones and the existing maritime boundaries. It juxtaposes this development with the findings and recommendations of two committees of the International Law Association in 2012 and 2018 – the Committees on Baselines and Sea Level Rise – and examines the role played since 2019 by the International Law Commission. It explores the implications of emerging State practice for the interpretation of the rules and principles of the 1982 UN Law of the Sea Convention. It documents the complex interactions between the findings of international law scholarship and the evolution of State practice, and concludes that this interaction has played an important role in facilitating legal certainty and stability in the development of a response to this increasingly pressing international law issue.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42028910","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 : 2022-09-22DOI: 10.1163/15718085-12341010
J. Harrison
{"title":"The Law of the Sea and Climate Change: Solutions and Constraints, edited by Elise Johansen, Signe Veierud Busch, and Ingvild Ulrikke Jakobsen","authors":"J. Harrison","doi":"10.1163/15718085-12341010","DOIUrl":"https://doi.org/10.1163/15718085-12341010","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48077831","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 : 2022-08-25DOI: 10.1163/15718085-bja10104
Pieter Bekker, C. Schofield, Robert van de Poll
This article analyses the adjudicated boundary between Somalia and Kenya in the Indian Ocean through an integrated law-and-science approach. Using recent high-resolution satellite imagery and specialised boundary software, it seeks to ‘reverse-engineer’ the 12 October 2021 ruling of the International Court of Justice with a particular focus on issues of transparency and predictability. The article highlights how ambiguities in the identification of basepoints underlying an adjudicated boundary and the reliance on a relatively small-scale nautical chart based on dated surveys that does not reflect the physical reality of the relevant coast could undermine the authority of an adjudicated boundary obtained after years of legal proceedings. Addressing the issue of technical support in decision-making on adjudicated boundaries, the article proposes various means to reduce controversies regarding maritime boundary delimitation and to make the delimitation process more transparent and predictable.
{"title":"Transparency and Predictability in the Maritime Delimitation Process: Reverse-engineering the Somalia-Kenya Adjudicated Boundary","authors":"Pieter Bekker, C. Schofield, Robert van de Poll","doi":"10.1163/15718085-bja10104","DOIUrl":"https://doi.org/10.1163/15718085-bja10104","url":null,"abstract":"\u0000 This article analyses the adjudicated boundary between Somalia and Kenya in the Indian Ocean through an integrated law-and-science approach. Using recent high-resolution satellite imagery and specialised boundary software, it seeks to ‘reverse-engineer’ the 12 October 2021 ruling of the International Court of Justice with a particular focus on issues of transparency and predictability. The article highlights how ambiguities in the identification of basepoints underlying an adjudicated boundary and the reliance on a relatively small-scale nautical chart based on dated surveys that does not reflect the physical reality of the relevant coast could undermine the authority of an adjudicated boundary obtained after years of legal proceedings. Addressing the issue of technical support in decision-making on adjudicated boundaries, the article proposes various means to reduce controversies regarding maritime boundary delimitation and to make the delimitation process more transparent and predictable.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46056265","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 : 2022-08-24DOI: 10.1163/15718085-bja10102
Aleke Stöfen-O’Brien, Alida J Doelle, Linda Del Savio
While the detrimental effects of cities have received increasing attention from decision-makers and scholars, their role in sustainable ocean governance and within public international law has often been neglected. This article aims to explore the ocean-city nexus at the interface of sustainability. This is done by reviewing the impacts of cities on the marine and coastal environment and by analysing potentially applicable rules and obligations in public international law. In the understanding that these questions are part of a broader discourse on the integration of non-State actors in public international law, it is demonstrated that cities may be important actors in sustainable ocean governance. With this, the article aims to contribute to the understanding of what sustainable cities may entail and to highlight the significance of the ocean-city nexus for sustainable development.
{"title":"Cities and Sustainable Ocean Governance: A Neglected Link","authors":"Aleke Stöfen-O’Brien, Alida J Doelle, Linda Del Savio","doi":"10.1163/15718085-bja10102","DOIUrl":"https://doi.org/10.1163/15718085-bja10102","url":null,"abstract":"\u0000While the detrimental effects of cities have received increasing attention from decision-makers and scholars, their role in sustainable ocean governance and within public international law has often been neglected. This article aims to explore the ocean-city nexus at the interface of sustainability. This is done by reviewing the impacts of cities on the marine and coastal environment and by analysing potentially applicable rules and obligations in public international law. In the understanding that these questions are part of a broader discourse on the integration of non-State actors in public international law, it is demonstrated that cities may be important actors in sustainable ocean governance. With this, the article aims to contribute to the understanding of what sustainable cities may entail and to highlight the significance of the ocean-city nexus for sustainable development.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48213044","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 : 2022-07-29DOI: 10.1163/15718085-bja10101
E. Hey
The Collective Arrangement, subscribed to by OSPAR and NEAFC and presented as a model by these organisations, suggests that regional seas organisations, such as OSPAR, are to act as standard setters for the conservation of marine biodiversity in areas beyond national jurisdiction (ABNJ). The model suggests that regional seas organisations and other organisations, such as NEAFC, the IMO and the ISA, then are to regulate human activities for which they are competent within these conservation standards. This article explores whether the Collective Arrangement might indeed function as a model for ocean governance in ABNJ and merits encouragement in a future BBNJ agreement. It concludes that the Collective Arrangement, as a model, raises both opportunities and challenges but that it might not be transplantable to other areas beyond national jurisdiction, given that the elements that characterise cooperation in the North-East Atlantic are not present in most other areas in ABNJ.
{"title":"The OSPAR NEAFC Collective Arrangement and Ocean Governance: Regional Seas Organisations as the Setters of Conservation Standards in ABNJ?","authors":"E. Hey","doi":"10.1163/15718085-bja10101","DOIUrl":"https://doi.org/10.1163/15718085-bja10101","url":null,"abstract":"\u0000 The Collective Arrangement, subscribed to by OSPAR and NEAFC and presented as a model by these organisations, suggests that regional seas organisations, such as OSPAR, are to act as standard setters for the conservation of marine biodiversity in areas beyond national jurisdiction (ABNJ). The model suggests that regional seas organisations and other organisations, such as NEAFC, the IMO and the ISA, then are to regulate human activities for which they are competent within these conservation standards. This article explores whether the Collective Arrangement might indeed function as a model for ocean governance in ABNJ and merits encouragement in a future BBNJ agreement. It concludes that the Collective Arrangement, as a model, raises both opportunities and challenges but that it might not be transplantable to other areas beyond national jurisdiction, given that the elements that characterise cooperation in the North-East Atlantic are not present in most other areas in ABNJ.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44377753","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 : 2022-07-25DOI: 10.1163/15718085-bja10103
J. Glazewski, L. du Toit
In two recent South African cases, the applicants sought interim interdicts preventing the respondent companies – Shell and Searcher – from continuing with, or alternatively commencing, their seismic surveys along the eastern and the western/southwestern coasts of South Africa respectively. In both matters, rights in relation to searching for mineral or petroleum resources had been granted in terms of the Mineral and Petroleum Resources Development Act 28 of 2002. The High Courts paid special attention to the inadequate public consultation processes that had been followed and highlighted the duty of Shell and Searcher to meaningfully consult with the affected communities and individuals. In both cases, the Courts found that the requirements for an interim interdict had been met, and Shell and Searcher were accordingly prohibited from continuing with or commencing their seismic surveys of the respective portions of the South African coast, pending the outcomes of the main applications.
{"title":"Seismic Surveys off the South African Coastline","authors":"J. Glazewski, L. du Toit","doi":"10.1163/15718085-bja10103","DOIUrl":"https://doi.org/10.1163/15718085-bja10103","url":null,"abstract":"\u0000 In two recent South African cases, the applicants sought interim interdicts preventing the respondent companies – Shell and Searcher – from continuing with, or alternatively commencing, their seismic surveys along the eastern and the western/southwestern coasts of South Africa respectively. In both matters, rights in relation to searching for mineral or petroleum resources had been granted in terms of the Mineral and Petroleum Resources Development Act 28 of 2002. The High Courts paid special attention to the inadequate public consultation processes that had been followed and highlighted the duty of Shell and Searcher to meaningfully consult with the affected communities and individuals. In both cases, the Courts found that the requirements for an interim interdict had been met, and Shell and Searcher were accordingly prohibited from continuing with or commencing their seismic surveys of the respective portions of the South African coast, pending the outcomes of the main applications.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49487326","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：