Pub Date : 2021-10-04DOI: 10.1163/15718085-bja10072
Meng Li, Yen-Chiang Chang
{"title":"Legal Order in the World’s Oceans – UN Convention on the Law of the Sea, edited by Myron H. Nordquist, John Norton Moore and Ronán Long","authors":"Meng Li, Yen-Chiang Chang","doi":"10.1163/15718085-bja10072","DOIUrl":"https://doi.org/10.1163/15718085-bja10072","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":"43256472","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 : 2021-09-29DOI: 10.1163/15718085-bja10069
N. Ioannides
According to Articles 16, 75 and 84 of the 1982 United Nations Convention on the Law of the Sea (LOSC), States Parties are under a triple obligation to draw, publish and deposit with the UN Secretary-General charts and/or lists of geographical coordinates of points concerning straight baselines, the outer limits of their maritime zones and delimited maritime boundaries. Interestingly, several States Parties have chosen to advance their maritime claims through the exercise of these duties. The expression of claims through these obligations prior to the reaching of maritime boundary delimitation could be accepted, if the claims are in compliance with the LOSC and the submission is merely of a declaratory nature seeking to ‘formalise’ a State Party’s claims, with the caveat that such assertions are subject to the designation of a definitive boundary, given that there is no such thing as ‘unilateral’ delimitation in international law.
{"title":"A Legal Appraisal of the Interplay between the Obligations to Publish/Deposit Charts and Lists of Geographical Coordinates and Unilateral Maritime Claims","authors":"N. Ioannides","doi":"10.1163/15718085-bja10069","DOIUrl":"https://doi.org/10.1163/15718085-bja10069","url":null,"abstract":"\u0000According to Articles 16, 75 and 84 of the 1982 United Nations Convention on the Law of the Sea (LOSC), States Parties are under a triple obligation to draw, publish and deposit with the UN Secretary-General charts and/or lists of geographical coordinates of points concerning straight baselines, the outer limits of their maritime zones and delimited maritime boundaries. Interestingly, several States Parties have chosen to advance their maritime claims through the exercise of these duties. The expression of claims through these obligations prior to the reaching of maritime boundary delimitation could be accepted, if the claims are in compliance with the LOSC and the submission is merely of a declaratory nature seeking to ‘formalise’ a State Party’s claims, with the caveat that such assertions are subject to the designation of a definitive boundary, given that there is no such thing as ‘unilateral’ delimitation in international law.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45243933","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 : 2021-07-26DOI: 10.1163/15718085-bja10067
Alexandre Pereira da Silva
This article analyses the challenges that Brazil faces in implementing Article 82 of the United Nations Convention on the Law of the Sea (LOSC), which imposes a levy with respect to the exploitation of non-living resources on the continental shelf beyond 200 nautical miles. First, it presents the developments made by Brazil with reference to Articles 76 and 82 of the LOSC, which are closely associated. Then, legal opinions and the conclusions of the Working Group (created to discuss the implementation of Article 82 in Brazil) are examined. Lastly, the tender protocol and the draft concession agreement for the ongoing bidding round – which includes blocks on the outer continental shelf – are considered. The article argues that the conclusions of the Working Group and core provisions of the relevant documents may compromise the proper implementation of Article 82 and impact the future relationship between Brazil and the International Seabed Authority.
{"title":"Brazil and the Implementation of Article 82 of the United Nations Convention on the Law of the Sea: Setting the Stage for the Bidding Rounds","authors":"Alexandre Pereira da Silva","doi":"10.1163/15718085-bja10067","DOIUrl":"https://doi.org/10.1163/15718085-bja10067","url":null,"abstract":"\u0000This article analyses the challenges that Brazil faces in implementing Article 82 of the United Nations Convention on the Law of the Sea (LOSC), which imposes a levy with respect to the exploitation of non-living resources on the continental shelf beyond 200 nautical miles. First, it presents the developments made by Brazil with reference to Articles 76 and 82 of the LOSC, which are closely associated. Then, legal opinions and the conclusions of the Working Group (created to discuss the implementation of Article 82 in Brazil) are examined. Lastly, the tender protocol and the draft concession agreement for the ongoing bidding round – which includes blocks on the outer continental shelf – are considered. The article argues that the conclusions of the Working Group and core provisions of the relevant documents may compromise the proper implementation of Article 82 and impact the future relationship between Brazil and the International Seabed Authority.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49394583","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 : 2021-07-21DOI: 10.1163/15718085-BJA10068
Klaas Willaert
At the end of June 2021, Nauru requested the ISA Council to complete the adoption of the rules, regulations and procedures necessary to facilitate the approval of plans of work for exploitation in the Area within two years’ time, pursuant to Section 1(15) of the Annex to the 1994 Implementation Agreement. If the exploitation regulations are not completed within that timeframe and an application for exploitation activities is pending, the Council must nonetheless consider it, but it is unclear on what basis such an application would need to be evaluated and what the nature and effects of a provisional approval are. In order to assess the precise impact and aftermath of invoking the ‘two year rule’, this short article explores the different legal interpretations and provides thoughts on the way forward.
{"title":"Under Pressure: The Impact of Invoking the Two Year Rule within the Context of Deep Sea Mining in the Area","authors":"Klaas Willaert","doi":"10.1163/15718085-BJA10068","DOIUrl":"https://doi.org/10.1163/15718085-BJA10068","url":null,"abstract":"\u0000 At the end of June 2021, Nauru requested the ISA Council to complete the adoption of the rules, regulations and procedures necessary to facilitate the approval of plans of work for exploitation in the Area within two years’ time, pursuant to Section 1(15) of the Annex to the 1994 Implementation Agreement. If the exploitation regulations are not completed within that timeframe and an application for exploitation activities is pending, the Council must nonetheless consider it, but it is unclear on what basis such an application would need to be evaluated and what the nature and effects of a provisional approval are. In order to assess the precise impact and aftermath of invoking the ‘two year rule’, this short article explores the different legal interpretations and provides thoughts on the way forward.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44407385","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 : 2021-07-21DOI: 10.1163/15718085-BJA10066
Chenhong Liu, Zhang Xu, Yen-Chiang Chang
In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.
{"title":"Coast Guard Law of the People’s Republic of China and Its Implications in International Law","authors":"Chenhong Liu, Zhang Xu, Yen-Chiang Chang","doi":"10.1163/15718085-BJA10066","DOIUrl":"https://doi.org/10.1163/15718085-BJA10066","url":null,"abstract":"\u0000 In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42960172","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 : 2021-07-14DOI: 10.1163/15718085-BJA10065
Chunlai Yang
{"title":"The Law of the Seabed: Access, Uses, and Protection of Seabed Resources, edited by Catherine Banet","authors":"Chunlai Yang","doi":"10.1163/15718085-BJA10065","DOIUrl":"https://doi.org/10.1163/15718085-BJA10065","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47870913","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 : 2021-07-14DOI: 10.1163/15718085-BJA10064
S. Friedman
This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.
{"title":"The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources","authors":"S. Friedman","doi":"10.1163/15718085-BJA10064","DOIUrl":"https://doi.org/10.1163/15718085-BJA10064","url":null,"abstract":"\u0000 This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47652708","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 : 2021-06-03DOI: 10.1163/15718085-BJA10062
So Yeon Kim
Particularly Sensitive Sea Areas (PSSAs) are a form of marine conservation measure established by the International Maritime Organization (IMO) to protect the marine environment against damage caused by navigation. The politicisation of the PSSA designation process and the shortcomings of the 2015 IMO Revised Guidelines for the Identification and Designation of PSSAs have been inimical to improving the PSSA regime. This article first examines the law and practice of PSSAs and discusses the shortcomings of the 2005 Guidelines. It then explores how politicisation outside and inside the IMO has aggravated the institutional weaknesses of the PSSA regime in three aspects: the relationships between Associated Protective Measures (APMs) and existing navigational measures; the links between the ecosystems and PSSAs; and the lack of stringent APMs.
{"title":"Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas","authors":"So Yeon Kim","doi":"10.1163/15718085-BJA10062","DOIUrl":"https://doi.org/10.1163/15718085-BJA10062","url":null,"abstract":"\u0000 Particularly Sensitive Sea Areas (PSSAs) are a form of marine conservation measure established by the International Maritime Organization (IMO) to protect the marine environment against damage caused by navigation. The politicisation of the PSSA designation process and the shortcomings of the 2015 IMO Revised Guidelines for the Identification and Designation of PSSAs have been inimical to improving the PSSA regime. This article first examines the law and practice of PSSAs and discusses the shortcomings of the 2005 Guidelines. It then explores how politicisation outside and inside the IMO has aggravated the institutional weaknesses of the PSSA regime in three aspects: the relationships between Associated Protective Measures (APMs) and existing navigational measures; the links between the ecosystems and PSSAs; and the lack of stringent APMs.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44515227","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 : 2021-06-02DOI: 10.1163/15718085-BJA10061
R. McLaughlin, Natalie Klein
Among the new technologies being deployed at sea, maritime autonomous vehicles (MAV) are of increasing interest to States to enhance their intelligence, surveillance and reconnaissance capabilities to improve their maritime security. This article analyses the international law implications of this use of MAV to support maritime law enforcement efforts in response to drug trafficking and other crimes at sea. The use of MAV for criminal purposes, especially smuggling goods, also holds international law consequences. The article assesses how these different operations of MAV fit within existing legal regimes, highlighting emerging legal questions for resolution and setting out recommendations for law reform to enhance counter-smuggling operations at sea.
{"title":"Maritime Autonomous Vehicles and Drug Trafficking by Sea: Some Legal Issues","authors":"R. McLaughlin, Natalie Klein","doi":"10.1163/15718085-BJA10061","DOIUrl":"https://doi.org/10.1163/15718085-BJA10061","url":null,"abstract":"\u0000Among the new technologies being deployed at sea, maritime autonomous vehicles (MAV) are of increasing interest to States to enhance their intelligence, surveillance and reconnaissance capabilities to improve their maritime security. This article analyses the international law implications of this use of MAV to support maritime law enforcement efforts in response to drug trafficking and other crimes at sea. The use of MAV for criminal purposes, especially smuggling goods, also holds international law consequences. The article assesses how these different operations of MAV fit within existing legal regimes, highlighting emerging legal questions for resolution and setting out recommendations for law reform to enhance counter-smuggling operations at sea.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43678853","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 : 2021-05-27DOI: 10.1163/15718085-12341007
Feng Xu
{"title":"Maritime Interception and the Law of Naval Operations: A Study of Legal Bases and Legal Regimes in Maritime Interception Operations, written by Martin Fink","authors":"Feng Xu","doi":"10.1163/15718085-12341007","DOIUrl":"https://doi.org/10.1163/15718085-12341007","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44961648","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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