Pub Date : 2022-01-28DOI: 10.1163/15718085-bja10082
Sandrine W. De Herdt
It is now clear that a dispute concerning sovereignty over land territory does not fall within the scope of a dispute concerning the interpretation or application of the United Nations Convention on the Law of the Sea (LOSC), unless the external issue arose as an incidental question in the application of the Convention. Less clear, however, is under what circumstances the competence of LOSC tribunals extend to the determinations of law that are ancillary/incidental to the main issue regarding a dispute concerning the interpretation or application of the Convention. This article brings together recent developments in LOSC jurisprudence regarding the issue of mixed disputes and points to some of the current uncertainties.
{"title":"Mixed Disputes","authors":"Sandrine W. De Herdt","doi":"10.1163/15718085-bja10082","DOIUrl":"https://doi.org/10.1163/15718085-bja10082","url":null,"abstract":"\u0000It is now clear that a dispute concerning sovereignty over land territory does not fall within the scope of a dispute concerning the interpretation or application of the United Nations Convention on the Law of the Sea (LOSC), unless the external issue arose as an incidental question in the application of the Convention. Less clear, however, is under what circumstances the competence of LOSC tribunals extend to the determinations of law that are ancillary/incidental to the main issue regarding a dispute concerning the interpretation or application of the Convention. This article brings together recent developments in LOSC jurisprudence regarding the issue of mixed disputes and points to some of the current uncertainties.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41419835","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 : 2022-01-07DOI: 10.1163/15718085-bja10080
Gülay C. Firatli
{"title":"The Rights and Obligations of States in Disputed Maritime Areas, written by Youri Van Logchem","authors":"Gülay C. Firatli","doi":"10.1163/15718085-bja10080","DOIUrl":"https://doi.org/10.1163/15718085-bja10080","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44079189","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 : 2021-12-20DOI: 10.1163/15718085-bja10078
Pradeep A. Singh
In late June 2021, the Republic of Nauru invoked a legal provision known as the ‘two-year rule’ at the International Seabed Authority (ISA), which effectively obliges the Council of the ISA to complete the elaboration of the mineral exploitation regulations within the prescribed time of two years, that is, by 9 July 2023. This article provides an update on recent developments at the ISA since the invocation of the two-year rule, outlining six options that appear to be available to the ISA Council in response to the invocation of the rule.
{"title":"What Are the Next Steps for the International Seabed Authority after the Invocation of the ‘Two-year Rule’?","authors":"Pradeep A. Singh","doi":"10.1163/15718085-bja10078","DOIUrl":"https://doi.org/10.1163/15718085-bja10078","url":null,"abstract":"\u0000In late June 2021, the Republic of Nauru invoked a legal provision known as the ‘two-year rule’ at the International Seabed Authority (ISA), which effectively obliges the Council of the ISA to complete the elaboration of the mineral exploitation regulations within the prescribed time of two years, that is, by 9 July 2023. This article provides an update on recent developments at the ISA since the invocation of the two-year rule, outlining six options that appear to be available to the ISA Council in response to the invocation of the rule.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45541907","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 : 2021-11-03DOI: 10.1163/15718085-bja10076
Pascal Kany Prud’ome Gamassa
Marine oil pollution from ships has been a constant threat to Thai waters. This article examines the domestication of the provisions of relevant international conventions to which Thailand is a party regarding the prevention, preparedness, response and compensation of claimants of marine oil pollution damage. The current Thai legal framework does not provide for adequate protection of the marine environment. Thailand has not yet become a party to many relevant international conventions and does not provide adequate compensation to victims of marine oil pollution incidents. This article provides recommendations for the improvement of the legal framework of Thailand regarding these issues.
{"title":"Legal Framework for Marine Oil Pollution from Ships in Thailand","authors":"Pascal Kany Prud’ome Gamassa","doi":"10.1163/15718085-bja10076","DOIUrl":"https://doi.org/10.1163/15718085-bja10076","url":null,"abstract":"\u0000Marine oil pollution from ships has been a constant threat to Thai waters. This article examines the domestication of the provisions of relevant international conventions to which Thailand is a party regarding the prevention, preparedness, response and compensation of claimants of marine oil pollution damage. The current Thai legal framework does not provide for adequate protection of the marine environment. Thailand has not yet become a party to many relevant international conventions and does not provide adequate compensation to victims of marine oil pollution incidents. This article provides recommendations for the improvement of the legal framework of Thailand regarding these issues.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42979951","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 : 2021-10-28DOI: 10.1163/15718085-12341008
{"title":"Gerard J. Mangone Prize Winner 2020","authors":"","doi":"10.1163/15718085-12341008","DOIUrl":"https://doi.org/10.1163/15718085-12341008","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45012702","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 : 2021-10-27DOI: 10.1163/15718085-bja10077
Klaas Willaert
Protest at sea has been on the rise and this trend has now also manifested itself within the context of deep sea mining. In May 2021, Greenpeace activists approached the Normand Energy, a ship chartered by Belgian deep sea mining contractor Global Sea Mineral Resources (GSR), and interfered with its operations by painting slogans on the hull of the vessel and attaching banners to the umbilical cord of GSR’s prototype nodule collector. On the basis of applicable international principles and provisions, such actions can be considered unlawful, but adequate enforcement and effective remedies are lacking.
{"title":"Protest at Sea against Deep Sea Mining: Lawfulness, Limits and Remedies","authors":"Klaas Willaert","doi":"10.1163/15718085-bja10077","DOIUrl":"https://doi.org/10.1163/15718085-bja10077","url":null,"abstract":"\u0000Protest at sea has been on the rise and this trend has now also manifested itself within the context of deep sea mining. In May 2021, Greenpeace activists approached the Normand Energy, a ship chartered by Belgian deep sea mining contractor Global Sea Mineral Resources (GSR), and interfered with its operations by painting slogans on the hull of the vessel and attaching banners to the umbilical cord of GSR’s prototype nodule collector. On the basis of applicable international principles and provisions, such actions can be considered unlawful, but adequate enforcement and effective remedies are lacking.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45425150","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 : 2021-10-27DOI: 10.1163/15718085-bja10071
D. Freestone, C. Schofield
The Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018 Report and is being considered by a Study Group of the International Law Commission. This 2021 Declaration by the 18 Members of the South Pacific Forum purporting to fix permanently their maritime entitlements represents a major development in State practice for the region.
{"title":"Pacific Islands Countries Declare Permanent Maritime Baselines, Limits and Boundaries","authors":"D. Freestone, C. Schofield","doi":"10.1163/15718085-bja10071","DOIUrl":"https://doi.org/10.1163/15718085-bja10071","url":null,"abstract":"\u0000The Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018 Report and is being considered by a Study Group of the International Law Commission. This 2021 Declaration by the 18 Members of the South Pacific Forum purporting to fix permanently their maritime entitlements represents a major development in State practice for the region.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41521307","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 : 2021-10-25DOI: 10.1163/15718085-bja10074
Phillip J Turner, M. Gianni, E. Kenchington, S. Valanko, David E. Johnson
The European Union’s deep-sea fisheries regulations (Regulation (EU) No. 2016/2336) established obligations to manage deep-sea fisheries and to protect vulnerable marine ecosystems (VMEs). The European Commission is scheduled to complete a review of the regulations in 2021, providing an opportunity for new scientific information to be incorporated into the implementation of the regulations. Here, we summarise research outputs from the EU-funded Horizon 2020 ATLAS Project and explain their relevance to the regulation of deep-sea fisheries in EU waters. ATLAS research has increased our understanding of the distribution of VMEs and their importance in terms of ecosystem functioning. ATLAS research has also highlighted the utility of molecular techniques to understand fish population structure and the potential for habitat suitability models to help incorporate climate change into decision-making. Building on these scientific advances, we provide recommendations to help increase the effectiveness of management measures to conserve deep-sea fish stocks and protect VMEs.
{"title":"New Scientific Information Can Help to Inform the Evaluation of EU Deep-sea Fisheries Regulations","authors":"Phillip J Turner, M. Gianni, E. Kenchington, S. Valanko, David E. Johnson","doi":"10.1163/15718085-bja10074","DOIUrl":"https://doi.org/10.1163/15718085-bja10074","url":null,"abstract":"\u0000The European Union’s deep-sea fisheries regulations (Regulation (EU) No. 2016/2336) established obligations to manage deep-sea fisheries and to protect vulnerable marine ecosystems (VMEs). The European Commission is scheduled to complete a review of the regulations in 2021, providing an opportunity for new scientific information to be incorporated into the implementation of the regulations. Here, we summarise research outputs from the EU-funded Horizon 2020 ATLAS Project and explain their relevance to the regulation of deep-sea fisheries in EU waters. ATLAS research has increased our understanding of the distribution of VMEs and their importance in terms of ecosystem functioning. ATLAS research has also highlighted the utility of molecular techniques to understand fish population structure and the potential for habitat suitability models to help incorporate climate change into decision-making. Building on these scientific advances, we provide recommendations to help increase the effectiveness of management measures to conserve deep-sea fish stocks and protect VMEs.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45734836","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 : 2021-10-21DOI: 10.1163/15718085-bja10073
Sebastián Preller-Bórquez
Subjacent to the concept of sustainable development lies a narrative of prevention or mitigation of damages that can constitute a useful argumentative mechanism. In particular, this narrative provides coherence to the motivation behind emergency orders issued by the International Seabed Authority (ISA), which are aimed at the protection of the common heritage of mankind and the marine environment. Adopting a strong legal discourse from the beginning would subsequently strengthen the position of the Authority before the Seabed Disputes Chamber should a contractor decide to challenge the emergency order. This is especially true in instances where a contractor seeks to determine the liability of the ISA, as well as compensation for any economic losses the emergency order may have caused to its investment.
{"title":"Integrating Sustainable Development into the Adoption of Emergency Orders for the Protection of the Common Heritage of Mankind and the Marine Environment","authors":"Sebastián Preller-Bórquez","doi":"10.1163/15718085-bja10073","DOIUrl":"https://doi.org/10.1163/15718085-bja10073","url":null,"abstract":"\u0000Subjacent to the concept of sustainable development lies a narrative of prevention or mitigation of damages that can constitute a useful argumentative mechanism. In particular, this narrative provides coherence to the motivation behind emergency orders issued by the International Seabed Authority (ISA), which are aimed at the protection of the common heritage of mankind and the marine environment. Adopting a strong legal discourse from the beginning would subsequently strengthen the position of the Authority before the Seabed Disputes Chamber should a contractor decide to challenge the emergency order. This is especially true in instances where a contractor seeks to determine the liability of the ISA, as well as compensation for any economic losses the emergency order may have caused to its investment.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45020051","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 : 2021-10-04DOI: 10.1163/15718085-bja10070
Mitchell Lennan
{"title":"New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar","authors":"Mitchell Lennan","doi":"10.1163/15718085-bja10070","DOIUrl":"https://doi.org/10.1163/15718085-bja10070","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45204415","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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