Pub Date : 2022-03-28DOI: 10.1163/15718085-bja10092
A. Afriansyah, A. R. Darmawan, A. Pramudianto
As the largest archipelagic State in the world, Indonesia has a very long coastline and is bordered by ten countries. Irrespective of its geographical condition, a genuine delimitation of its maritime boundaries is crucial for Indonesia. However, maritime boundary delimitation often takes considerable time. One problem that often arises during maritime boundary delimitation negotiations is determining the extent to which coastal States can enforce their national law in areas with undelimited maritime boundaries. This article analyses the national and international regulations, as well as Indonesian practice, of maritime law enforcement in areas with undelimited maritime boundaries and Indonesia‘s current practices in resolving maritime-related issues.
{"title":"Enforcing Law in Undelimited Maritime Areas: Indonesian Border Experience","authors":"A. Afriansyah, A. R. Darmawan, A. Pramudianto","doi":"10.1163/15718085-bja10092","DOIUrl":"https://doi.org/10.1163/15718085-bja10092","url":null,"abstract":"\u0000 As the largest archipelagic State in the world, Indonesia has a very long coastline and is bordered by ten countries. Irrespective of its geographical condition, a genuine delimitation of its maritime boundaries is crucial for Indonesia. However, maritime boundary delimitation often takes considerable time. One problem that often arises during maritime boundary delimitation negotiations is determining the extent to which coastal States can enforce their national law in areas with undelimited maritime boundaries. This article analyses the national and international regulations, as well as Indonesian practice, of maritime law enforcement in areas with undelimited maritime boundaries and Indonesia‘s current practices in resolving maritime-related issues.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49259782","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 : 2022-03-10DOI: 10.1163/15718085-bja10089
Suksoo Kim
The newly enacted China Coast Guard Law (CCGL) has been challenged by the international community, especially regional countries in dispute with China over territorial sovereignty and maritime jurisdiction in the East and South China Seas. The disputants declare the provisions of the CCGL are inconsistent with the United Nations Convention on the Law of the Sea. The China Coast Guard Law also has significant implications for maritime disputes with regional countries, as well as for maritime security initiatives driven by the United States.
{"title":"An International Law Perspective on the China Coast Guard Law and Its Implications for Maritime Security in East Asia","authors":"Suksoo Kim","doi":"10.1163/15718085-bja10089","DOIUrl":"https://doi.org/10.1163/15718085-bja10089","url":null,"abstract":"\u0000The newly enacted China Coast Guard Law (CCGL) has been challenged by the international community, especially regional countries in dispute with China over territorial sovereignty and maritime jurisdiction in the East and South China Seas. The disputants declare the provisions of the CCGL are inconsistent with the United Nations Convention on the Law of the Sea. The China Coast Guard Law also has significant implications for maritime disputes with regional countries, as well as for maritime security initiatives driven by the United States.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46458030","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 : 2022-03-07DOI: 10.1163/15718085-bja10088
M. Tsimplis
This article examines an important area where environmental law and economics intersect and proposes a novel model to assess the economic value of environmental shipping regulations. The model is used to evaluate the effect that existing regulatory norms have on the value of shipping regulations. The norms considered include both legal arrangements established under the international law of the sea and those developed within the International Maritime Organization. These norms are found to be beneficial to the financial interests of the sector and to minimise implementation and enforcement costs. They are damaging to the environmental benefits of regulations because of exceptions granted to existing ships, prioritisation of the operational needs over environmental compliance, and the use of flag State certification as the primary method for controlling ships. The value model demonstrates that regulations targeting the most polluting ships, and selectively implemented, would be superior to the current uniform implementation approach.
{"title":"Governance for Sustainable Development: The Value of Environmental Regulations and the Effect of Maritime Norms","authors":"M. Tsimplis","doi":"10.1163/15718085-bja10088","DOIUrl":"https://doi.org/10.1163/15718085-bja10088","url":null,"abstract":"\u0000 This article examines an important area where environmental law and economics intersect and proposes a novel model to assess the economic value of environmental shipping regulations. The model is used to evaluate the effect that existing regulatory norms have on the value of shipping regulations. The norms considered include both legal arrangements established under the international law of the sea and those developed within the International Maritime Organization. These norms are found to be beneficial to the financial interests of the sector and to minimise implementation and enforcement costs. They are damaging to the environmental benefits of regulations because of exceptions granted to existing ships, prioritisation of the operational needs over environmental compliance, and the use of flag State certification as the primary method for controlling ships. The value model demonstrates that regulations targeting the most polluting ships, and selectively implemented, would be superior to the current uniform implementation approach.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41563406","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 : 2022-02-24DOI: 10.1163/15718085-bja10085
Olga Koubrak, D. VanderZwaag, B. Worm
Populations of blue whales were heavily depleted across the globe by industrial whaling and are still considered globally endangered today. In the Northwest Atlantic, an estimated 400–600 individuals remain, but these numbers are highly uncertain. Ship strikes, fishing gear entanglement, and marine debris are thought to be leading causes of contemporary human-caused mortality in blue whales, with anthropogenic noise possibly causing sublethal stress and injury. Climate change is recognised as an emerging and intensifying threat that is likely to affect food supply and could limit the capacity of the population to recover. Both Canada and the United States have protected blue whales through their domestic legislation. This article reviews law and policy responses in the two countries, as well as bilateral, regional and international frameworks that address anthropogenic threats to blue whales. Future scientific directions, as well as recommendations for improvements to domestic legislation and multilevel cooperation are outlined.
{"title":"Endangered Blue Whale Survival in the North Atlantic: Lagging Scientific and Governance Responses, Charting Future Courses","authors":"Olga Koubrak, D. VanderZwaag, B. Worm","doi":"10.1163/15718085-bja10085","DOIUrl":"https://doi.org/10.1163/15718085-bja10085","url":null,"abstract":"\u0000 Populations of blue whales were heavily depleted across the globe by industrial whaling and are still considered globally endangered today. In the Northwest Atlantic, an estimated 400–600 individuals remain, but these numbers are highly uncertain. Ship strikes, fishing gear entanglement, and marine debris are thought to be leading causes of contemporary human-caused mortality in blue whales, with anthropogenic noise possibly causing sublethal stress and injury. Climate change is recognised as an emerging and intensifying threat that is likely to affect food supply and could limit the capacity of the population to recover. Both Canada and the United States have protected blue whales through their domestic legislation. This article reviews law and policy responses in the two countries, as well as bilateral, regional and international frameworks that address anthropogenic threats to blue whales. Future scientific directions, as well as recommendations for improvements to domestic legislation and multilevel cooperation are outlined.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44919294","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 : 2022-02-18DOI: 10.1163/15718085-bja10087
D. Freestone, R. Barnes, Payam Akhavan
This contribution outlines the content of a new agreement, signed initially by Antigua and Barbuda and Tuvalu, that establishes a Commission of Small Island States on Climate Change and International Law. This Commission has, inter alia, the express power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS) on issues within the ITLOS jurisdiction relating to international law and climate change. The complementary initiative by Vanuatu to seek an advisory opinion from the International Court of Justice through the UN General Assembly is also discussed. The text of the agreement is attached as an appendix at the end of this article.
{"title":"Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (COSIS)","authors":"D. Freestone, R. Barnes, Payam Akhavan","doi":"10.1163/15718085-bja10087","DOIUrl":"https://doi.org/10.1163/15718085-bja10087","url":null,"abstract":"\u0000This contribution outlines the content of a new agreement, signed initially by Antigua and Barbuda and Tuvalu, that establishes a Commission of Small Island States on Climate Change and International Law. This Commission has, inter alia, the express power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS) on issues within the ITLOS jurisdiction relating to international law and climate change. The complementary initiative by Vanuatu to seek an advisory opinion from the International Court of Justice through the UN General Assembly is also discussed. The text of the agreement is attached as an appendix at the end of this article.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43984495","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 : 2022-02-17DOI: 10.1163/15718085-bja10084
D. Jung, Robert Beckman
This article examines the impact of COVID-19 on the international regulation of merchant shipping. First, it provides an overview of the international regulatory framework established by the WHO, IMO and ILO to respond to the impact of global health emergencies on international merchant shipping. It then examines the responses of these organisations and the shipping industry to the impact of the COVID-19 pandemic on merchant shipping. The COVID-19 pandemic has demonstrated that global health emergencies require enhanced preparedness and response planning and cooperation between the IMO, WHO and ILO, which includes consultation and cooperation with global shipping associations and seafarers’ unions. The objective of the preparedness and response planning should be to keep maritime supply chains open while preventing the spread of infectious disease from ship-to-ship, ship-to-shore or shore-to-ship. Equally important, the enhanced cooperation at the global level must be matched by enhanced inter-agency cooperation at the national level.
{"title":"Merchant Shipping during Global Health Pandemics: A Review of International Regulations","authors":"D. Jung, Robert Beckman","doi":"10.1163/15718085-bja10084","DOIUrl":"https://doi.org/10.1163/15718085-bja10084","url":null,"abstract":"\u0000This article examines the impact of COVID-19 on the international regulation of merchant shipping. First, it provides an overview of the international regulatory framework established by the WHO, IMO and ILO to respond to the impact of global health emergencies on international merchant shipping. It then examines the responses of these organisations and the shipping industry to the impact of the COVID-19 pandemic on merchant shipping. The COVID-19 pandemic has demonstrated that global health emergencies require enhanced preparedness and response planning and cooperation between the IMO, WHO and ILO, which includes consultation and cooperation with global shipping associations and seafarers’ unions. The objective of the preparedness and response planning should be to keep maritime supply chains open while preventing the spread of infectious disease from ship-to-ship, ship-to-shore or shore-to-ship. Equally important, the enhanced cooperation at the global level must be matched by enhanced inter-agency cooperation at the national level.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48431816","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 : 2022-02-16DOI: 10.1163/15718085-bja10081
J. Nakamura
The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, endorsed by the Committee on Fisheries of the Food and Agriculture Organization of the United Nations in 2014, heightened the recognition and protection of small-scale fisheries globally. The guidelines are voluntary and non-binding, but does this mean they have no normative significance or legal force? Based on international legal theories of soft law, this article explores the legal status of the guidelines and argues that the guidelines have normative significance and legal force for three main reasons: (i) the legitimate process of development and adoption of the guidelines; (ii) the normative content of the provisions; and (iii) their law-making effects at various levels of governance. The guidelines contribute to building a global safety net for small-scale fisheries, which should continue to improve and expand thus securing the sector’s sustainability worldwide.
{"title":"Legal Reflections on the Small-Scale Fisheries Guidelines: Building a Global Safety Net for Small-Scale Fisheries","authors":"J. Nakamura","doi":"10.1163/15718085-bja10081","DOIUrl":"https://doi.org/10.1163/15718085-bja10081","url":null,"abstract":"\u0000 The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, endorsed by the Committee on Fisheries of the Food and Agriculture Organization of the United Nations in 2014, heightened the recognition and protection of small-scale fisheries globally. The guidelines are voluntary and non-binding, but does this mean they have no normative significance or legal force? Based on international legal theories of soft law, this article explores the legal status of the guidelines and argues that the guidelines have normative significance and legal force for three main reasons: (i) the legitimate process of development and adoption of the guidelines; (ii) the normative content of the provisions; and (iii) their law-making effects at various levels of governance. The guidelines contribute to building a global safety net for small-scale fisheries, which should continue to improve and expand thus securing the sector’s sustainability worldwide.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41634197","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 : 2022-02-14DOI: 10.1163/15718085-12341009
{"title":"In Memoriam Professor William Ross Edeson","authors":"","doi":"10.1163/15718085-12341009","DOIUrl":"https://doi.org/10.1163/15718085-12341009","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47162001","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 : 2022-02-14DOI: 10.1163/15718085-bja10086
Klaas Willaert
One of the vital principles within the international regime governing the deep seabed is the status of the Area (comprising the seabed and subsoil beyond national jurisdiction) and its mineral resources as the common heritage of mankind. This abstract concept encompasses a wide array of interrelated components, though one of the most crucial premises is that activities in the Area must be carried out for the benefit of mankind as a whole, entailing equitable sharing of financial and other economic benefits derived from deep sea mining operations. As a result, the International Seabed Authority (ISA) is tasked with developing a suitable payment and distribution mechanism, which takes the needs and interests of developing States into particular consideration. This article analyses the overarching rules and principles, assesses the available options and offers insightful thoughts on the way forward.
{"title":"Fair Share: Equitable Distribution of Deep Sea Mining Proceeds","authors":"Klaas Willaert","doi":"10.1163/15718085-bja10086","DOIUrl":"https://doi.org/10.1163/15718085-bja10086","url":null,"abstract":"\u0000One of the vital principles within the international regime governing the deep seabed is the status of the Area (comprising the seabed and subsoil beyond national jurisdiction) and its mineral resources as the common heritage of mankind. This abstract concept encompasses a wide array of interrelated components, though one of the most crucial premises is that activities in the Area must be carried out for the benefit of mankind as a whole, entailing equitable sharing of financial and other economic benefits derived from deep sea mining operations. As a result, the International Seabed Authority (ISA) is tasked with developing a suitable payment and distribution mechanism, which takes the needs and interests of developing States into particular consideration. This article analyses the overarching rules and principles, assesses the available options and offers insightful thoughts on the way forward.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42578064","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 : 2022-02-09DOI: 10.1163/15718085-bja10075
Abdullah Al Arif, Md Saiful Karim
This article critically examines the Marine Fisheries Act 2020 of Bangladesh. The Act replaced the Marine Fisheries Ordinance 1983 with a view to upgrading the regulation of fisheries resources in Bangladesh’s marine waters. However, a substantial portion of the Act replicates the 1983 Ordinance. Critically, the Act does not incorporate the internationally recognised principles and measures of fisheries management, despite Bangladesh’s international obligations. Moreover, the new law is silent about capacity development of relevant government agencies and community engagement. Overall, it was a missed opportunity for Bangladesh to include sustainability and collaborative governance principles in its marine fisheries sector.
{"title":"Marine Fisheries Act 2020 of Bangladesh: A Missed Opportunity for Sustainability and Collaborative Governance","authors":"Abdullah Al Arif, Md Saiful Karim","doi":"10.1163/15718085-bja10075","DOIUrl":"https://doi.org/10.1163/15718085-bja10075","url":null,"abstract":"\u0000This article critically examines the Marine Fisheries Act 2020 of Bangladesh. The Act replaced the Marine Fisheries Ordinance 1983 with a view to upgrading the regulation of fisheries resources in Bangladesh’s marine waters. However, a substantial portion of the Act replicates the 1983 Ordinance. Critically, the Act does not incorporate the internationally recognised principles and measures of fisheries management, despite Bangladesh’s international obligations. Moreover, the new law is silent about capacity development of relevant government agencies and community engagement. Overall, it was a missed opportunity for Bangladesh to include sustainability and collaborative governance principles in its marine fisheries sector.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49356514","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}
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