Pub Date : 2020-04-23DOI: 10.1080/00908320.2020.1737444
Klaas Willaert
abstract The international legal framework with regard to “the Area,” comprising the deep seabed and the subsoil beyond the boundaries of national jurisdiction, has been modified significantly through the years. It was first established by part XI of the United Nations Convention on the Law of the Sea, but the 1994 Implementation Agreement introduced several changes. These general rules and principles are further developed in the “Mining Code,” referring to the comprehensive set of regulations and procedures issued by the International Seabed Authority. The Authority has already produced rules for the first phases of mining activities (prospecting and exploration) in the Area, but has yet to adopt exploitation regulations. Nevertheless, the most recent draft of the exploitation regulations provides a good indication of the current state of play. This article analyzes the current draft of the exploitation regulations, which will shape the future deep seabed mining regime, in order to evaluate whether the relevant provisions are sufficient and effective to attain two prominent goals with regard to the Area: the protection of the marine environment and the equitable sharing of financial and economic benefits. The Law of the Sea Convention indeed states that the resources of the deep seabed are considered common heritage of mankind and prioritizes these objectives. Therefore, the exploitation regulations should strike an appropriate balance between commercial exploitation, environmental protection, and the interests of developing countries. The strengths and weaknesses of this document and the overarching international legal framework are identified and possible corrections are suggested.
{"title":"Effective Protection of the Marine Environment and Equitable Benefit Sharing in the Area: Empty Promises or Feasible Goals?","authors":"Klaas Willaert","doi":"10.1080/00908320.2020.1737444","DOIUrl":"https://doi.org/10.1080/00908320.2020.1737444","url":null,"abstract":"abstract The international legal framework with regard to “the Area,” comprising the deep seabed and the subsoil beyond the boundaries of national jurisdiction, has been modified significantly through the years. It was first established by part XI of the United Nations Convention on the Law of the Sea, but the 1994 Implementation Agreement introduced several changes. These general rules and principles are further developed in the “Mining Code,” referring to the comprehensive set of regulations and procedures issued by the International Seabed Authority. The Authority has already produced rules for the first phases of mining activities (prospecting and exploration) in the Area, but has yet to adopt exploitation regulations. Nevertheless, the most recent draft of the exploitation regulations provides a good indication of the current state of play. This article analyzes the current draft of the exploitation regulations, which will shape the future deep seabed mining regime, in order to evaluate whether the relevant provisions are sufficient and effective to attain two prominent goals with regard to the Area: the protection of the marine environment and the equitable sharing of financial and economic benefits. The Law of the Sea Convention indeed states that the resources of the deep seabed are considered common heritage of mankind and prioritizes these objectives. Therefore, the exploitation regulations should strike an appropriate balance between commercial exploitation, environmental protection, and the interests of developing countries. The strengths and weaknesses of this document and the overarching international legal framework are identified and possible corrections are suggested.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"27 1","pages":"175 - 192"},"PeriodicalIF":1.2,"publicationDate":"2020-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82132868","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 : 2020-02-03DOI: 10.1080/00908320.2019.1636501
Timothy Choi
Abstract This article examines the development and peacetime activities of the Norwegian Coast Guard through the lens of sea control. It argues that the creation of economic and fisheries protection zones has dramatically shaped the extent to which a smaller naval power, like Norway, has had to increase its ability to monitor and control maritime space. Although the maritime means and ends vary widely between peacetime and wartime contexts, the fundamentally contested aspect of sea use can still be discerned in the influence of international maritime law on Norwegian seapower.
{"title":"Sea Control by Other Means: Norwegian Coast Guard Operations Under International Maritime Law","authors":"Timothy Choi","doi":"10.1080/00908320.2019.1636501","DOIUrl":"https://doi.org/10.1080/00908320.2019.1636501","url":null,"abstract":"Abstract This article examines the development and peacetime activities of the Norwegian Coast Guard through the lens of sea control. It argues that the creation of economic and fisheries protection zones has dramatically shaped the extent to which a smaller naval power, like Norway, has had to increase its ability to monitor and control maritime space. Although the maritime means and ends vary widely between peacetime and wartime contexts, the fundamentally contested aspect of sea use can still be discerned in the influence of international maritime law on Norwegian seapower.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"11 1","pages":"35 - 46"},"PeriodicalIF":1.2,"publicationDate":"2020-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82214068","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 : 2020-02-03DOI: 10.1080/00908320.2019.1636191
M. Kaiser, J. Shively, J. Shipley
Abstract The Louisiana and Texas Rigs-to-Reefs programs enjoy widespread public, industry, and government support and have become models for similar programs around the world. Louisiana’s Rigs-to-Reefs program is the largest in the world, and since its inception in 1986 about 363 oil and gas platforms have been donated, or on average about 12 structures per year. Texas’s Rigs-to-Reefs program started in 1990, and since this time about 154 structures have been donated, or about six structures per year. A summary update of the Louisiana and Texas reef programs is provided, along with recent changes in legislative activity. Donation trends and statistics are reviewed. The Rigs-to-Reefs programs are unlikely to see donation activity above historic levels, and both programs should start planning for a future where the income generated from future projects diminishes.
{"title":"An Update on the Louisiana and Texas Rigs-to-Reefs Programs in the Gulf of Mexico","authors":"M. Kaiser, J. Shively, J. Shipley","doi":"10.1080/00908320.2019.1636191","DOIUrl":"https://doi.org/10.1080/00908320.2019.1636191","url":null,"abstract":"Abstract The Louisiana and Texas Rigs-to-Reefs programs enjoy widespread public, industry, and government support and have become models for similar programs around the world. Louisiana’s Rigs-to-Reefs program is the largest in the world, and since its inception in 1986 about 363 oil and gas platforms have been donated, or on average about 12 structures per year. Texas’s Rigs-to-Reefs program started in 1990, and since this time about 154 structures have been donated, or about six structures per year. A summary update of the Louisiana and Texas reef programs is provided, along with recent changes in legislative activity. Donation trends and statistics are reviewed. The Rigs-to-Reefs programs are unlikely to see donation activity above historic levels, and both programs should start planning for a future where the income generated from future projects diminishes.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"23 1","pages":"73 - 93"},"PeriodicalIF":1.2,"publicationDate":"2020-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79468182","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 : 2020-02-03DOI: 10.1080/00908320.2019.1617927
Reece Lewis
Abstract The doctrine of constructive presence allows a coastal state to pursue and arrest a vessel on the high seas, even though that vessel may have never entered the state’s jurisdiction. This is because the vessel’s presence can be “constructed” inside the state’s jurisdiction when a connection can be found with other craft, suspected of having committed an illegal act there. This article explores the impact of the Tribunal’s decision in the Arctic Sunrise case (2015) on constructive presence. It shows that the necessary link between the vessels is now found when there exists evidence of participation in an illegal scheme.
{"title":"The Doctrine of Constructive Presence and the Arctic Sunrise Award (2015): The Emergence of the “Scheme Theory”","authors":"Reece Lewis","doi":"10.1080/00908320.2019.1617927","DOIUrl":"https://doi.org/10.1080/00908320.2019.1617927","url":null,"abstract":"Abstract The doctrine of constructive presence allows a coastal state to pursue and arrest a vessel on the high seas, even though that vessel may have never entered the state’s jurisdiction. This is because the vessel’s presence can be “constructed” inside the state’s jurisdiction when a connection can be found with other craft, suspected of having committed an illegal act there. This article explores the impact of the Tribunal’s decision in the Arctic Sunrise case (2015) on constructive presence. It shows that the necessary link between the vessels is now found when there exists evidence of participation in an illegal scheme.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"112 1","pages":"19 - 34"},"PeriodicalIF":1.2,"publicationDate":"2020-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89281100","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 : 2020-02-03DOI: 10.1080/00908320.2019.1654248
Exequiel González-Poblete, V. Kaczynski, Andrea Méndez Arias
Abstract Lafkenche and Williche, the Mapuche coastal population in Chile, used coastal marine areas and resources for centuries. The Spanish colonization and the subsequent establishment of the Republic of Chile curtailed these access rights and traditional uses. In 2008, the government of Chile introduced the “Lafkenche Law” establishing exclusive access rights for traditional indigenous use of coastal marine areas and resources, but the law has not led to effective self-determination or the development of the ethnic Mapuche populations. Interviews with indigenous community leaders in October 2014 confirmed their dissatisfaction with this law. This article discusses whether the experience of other nations, such as the innovative Community Development Quota Program in Alaska in the United States, which allocates a portion of certain species in the Bering Sea to coastal communities, can help overcome marine resources access barriers affecting the Mapuche people.
{"title":"Marine Coastal Resources as an Engine of Development for the Lafkenche and Williche Populations of Southern Chile","authors":"Exequiel González-Poblete, V. Kaczynski, Andrea Méndez Arias","doi":"10.1080/00908320.2019.1654248","DOIUrl":"https://doi.org/10.1080/00908320.2019.1654248","url":null,"abstract":"Abstract Lafkenche and Williche, the Mapuche coastal population in Chile, used coastal marine areas and resources for centuries. The Spanish colonization and the subsequent establishment of the Republic of Chile curtailed these access rights and traditional uses. In 2008, the government of Chile introduced the “Lafkenche Law” establishing exclusive access rights for traditional indigenous use of coastal marine areas and resources, but the law has not led to effective self-determination or the development of the ethnic Mapuche populations. Interviews with indigenous community leaders in October 2014 confirmed their dissatisfaction with this law. This article discusses whether the experience of other nations, such as the innovative Community Development Quota Program in Alaska in the United States, which allocates a portion of certain species in the Bering Sea to coastal communities, can help overcome marine resources access barriers affecting the Mapuche people.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"41 1","pages":"47 - 72"},"PeriodicalIF":1.2,"publicationDate":"2020-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88814465","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 : 2020-02-03DOI: 10.1080/00908320.2019.1677018
Chuxiao Yu
Abstract Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.
{"title":"Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction","authors":"Chuxiao Yu","doi":"10.1080/00908320.2019.1677018","DOIUrl":"https://doi.org/10.1080/00908320.2019.1677018","url":null,"abstract":"Abstract Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"66 1","pages":"18 - 2"},"PeriodicalIF":1.2,"publicationDate":"2020-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90362692","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 : 2020-01-22DOI: 10.1080/00908320.2019.1706022
J. Choi
Abstract The Korea–Japan Joint Development Zone (JDZ) Agreement of 30 January 1974 was one of a number of innovative arrangements for cooperation in an overlapping maritime area. Nevertheless, four decades after its entry into force in 1978, the Agreement has not produced a single drop of oil. In contrast with Korea’s positive view on an oil discovery, Japan has held a negative stance since its concessionaires’ release of rights under the Agreement in 1992. Without Japan’s cooperation, the Agreement is a dead instrument. This article looks, from a Korean perspective, for the solutions whereby the Korea–Japan JDZ Agreement can operate.
{"title":"Korea–Japan JDZ to End in Deadlock?: The Potential for Unilateral Korean Exploration and Exploitation","authors":"J. Choi","doi":"10.1080/00908320.2019.1706022","DOIUrl":"https://doi.org/10.1080/00908320.2019.1706022","url":null,"abstract":"Abstract The Korea–Japan Joint Development Zone (JDZ) Agreement of 30 January 1974 was one of a number of innovative arrangements for cooperation in an overlapping maritime area. Nevertheless, four decades after its entry into force in 1978, the Agreement has not produced a single drop of oil. In contrast with Korea’s positive view on an oil discovery, Japan has held a negative stance since its concessionaires’ release of rights under the Agreement in 1992. Without Japan’s cooperation, the Agreement is a dead instrument. This article looks, from a Korean perspective, for the solutions whereby the Korea–Japan JDZ Agreement can operate.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"18 1","pages":"162 - 174"},"PeriodicalIF":1.2,"publicationDate":"2020-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81584719","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 : 2020-01-09DOI: 10.1080/00908320.2019.1707356
K. Scott
{"title":"From the Desk of the Editor-in-Chief","authors":"K. Scott","doi":"10.1080/00908320.2019.1707356","DOIUrl":"https://doi.org/10.1080/00908320.2019.1707356","url":null,"abstract":"","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"100 1","pages":"1 - 1"},"PeriodicalIF":1.2,"publicationDate":"2020-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79338091","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 : 2020-01-01DOI: 10.1007/978-3-030-40071-2_1
R. Sarkar
{"title":"Introduction: Setting the Stage","authors":"R. Sarkar","doi":"10.1007/978-3-030-40071-2_1","DOIUrl":"https://doi.org/10.1007/978-3-030-40071-2_1","url":null,"abstract":"","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"32 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85390007","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 : 2020-01-01DOI: 10.1007/978-3-030-40071-2_8
R. Sarkar
{"title":"Corruption and Its Consequences","authors":"R. Sarkar","doi":"10.1007/978-3-030-40071-2_8","DOIUrl":"https://doi.org/10.1007/978-3-030-40071-2_8","url":null,"abstract":"","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"22 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84479520","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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