Pub Date : 2020-01-01DOI: 10.1007/978-3-030-40071-2_9
R. Sarkar
{"title":"Afterthought","authors":"R. Sarkar","doi":"10.1007/978-3-030-40071-2_9","DOIUrl":"https://doi.org/10.1007/978-3-030-40071-2_9","url":null,"abstract":"","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74360922","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 : 2019-09-18DOI: 10.1080/00908320.2019.1641991
Suk Kyoon Kim
Abstract Measures to ease tensions and prevent military conflicts adjacent to the Korean Peninsula Northern Limit Line (NLL) are an integral part of the ongoing reconciliatory efforts between the South and the North. Despite controversies over the validity of the NLL, it has served as a de facto maritime demarcation line in the absence of an agreed-upon maritime demarcation line under the Armistice Agreement. North Korea has persistently attempted to invalidate the NLL, while South Korea has supported the status quo of the NLL as a military demarcation line. The South and North have recently created a buffer zone across the NLL in the West Sea amid talks for North Korea’s denuclearization.
{"title":"A History of and Recent Developments Concerning the Korean Peninsula Northern Limit Line (NLL)","authors":"Suk Kyoon Kim","doi":"10.1080/00908320.2019.1641991","DOIUrl":"https://doi.org/10.1080/00908320.2019.1641991","url":null,"abstract":"Abstract Measures to ease tensions and prevent military conflicts adjacent to the Korean Peninsula Northern Limit Line (NLL) are an integral part of the ongoing reconciliatory efforts between the South and the North. Despite controversies over the validity of the NLL, it has served as a de facto maritime demarcation line in the absence of an agreed-upon maritime demarcation line under the Armistice Agreement. North Korea has persistently attempted to invalidate the NLL, while South Korea has supported the status quo of the NLL as a military demarcation line. The South and North have recently created a buffer zone across the NLL in the West Sea amid talks for North Korea’s denuclearization.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78331838","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 : 2019-09-09DOI: 10.1080/00908320.2019.1644776
Jiayu Bai, Chenxin Wang
Abstract In recent years, the role of Port State Control (PSC) with respect to polar navigation has become increasingly important. However, international rules for PSC of fishing vessels plying polar waters are incomplete and uniform inspection guidelines have not yet been adopted, nor has a coordinated mechanism been created. This article argues that fishing vessels should be incorporated into the Polar Code and that at the practical level, states should promote the application of the Port State Control Officer Guidelines adopted under the Paris Memorandum of Understanding and encourage cooperation among the different PSC organizations that cover polar waters.
{"title":"Enhancing Port State Control in Polar Waters","authors":"Jiayu Bai, Chenxin Wang","doi":"10.1080/00908320.2019.1644776","DOIUrl":"https://doi.org/10.1080/00908320.2019.1644776","url":null,"abstract":"Abstract In recent years, the role of Port State Control (PSC) with respect to polar navigation has become increasingly important. However, international rules for PSC of fishing vessels plying polar waters are incomplete and uniform inspection guidelines have not yet been adopted, nor has a coordinated mechanism been created. This article argues that fishing vessels should be incorporated into the Polar Code and that at the practical level, states should promote the application of the Port State Control Officer Guidelines adopted under the Paris Memorandum of Understanding and encourage cooperation among the different PSC organizations that cover polar waters.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78426118","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 : 2019-06-12DOI: 10.1080/00908320.2019.1617932
Kristin Bartenstein
Abstract In January 2017, the Polar Code entered into force and prompted the adoption, in Canada, of the Arctic Shipping Safety and Pollution Prevention Regulations (ASSPPR). The latter incorporate the Polar Code with a view to maintaining or increasing the preexisting level of protection. Consequently, a balancing act plays out in the ASSPPR, which are partly based on the Polar Code and partly on an alternative jurisdictional basis, arguably Article 234 of the United Nations Convention on the Law of the Sea. The objective of this article is to map out and put into historic perspective the balance chosen by Canada in the ASSPPR.
{"title":"Between the Polar Code and Article 234: The Balance in Canada’s Arctic Shipping Safety and Pollution Prevention Regulations","authors":"Kristin Bartenstein","doi":"10.1080/00908320.2019.1617932","DOIUrl":"https://doi.org/10.1080/00908320.2019.1617932","url":null,"abstract":"Abstract In January 2017, the Polar Code entered into force and prompted the adoption, in Canada, of the Arctic Shipping Safety and Pollution Prevention Regulations (ASSPPR). The latter incorporate the Polar Code with a view to maintaining or increasing the preexisting level of protection. Consequently, a balancing act plays out in the ASSPPR, which are partly based on the Polar Code and partly on an alternative jurisdictional basis, arguably Article 234 of the United Nations Convention on the Law of the Sea. The objective of this article is to map out and put into historic perspective the balance chosen by Canada in the ASSPPR.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79278704","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 : 2019-05-31DOI: 10.1080/00908320.2019.1605673
D. Testa
While the United Nations Convention on the Law of the Sea (LOSC) expressly allocates jurisdiction in regard to several activities that are conducted in the exclusive economic zone (EEZ), it does not do so for bunkering and ship-to-ship (STS) oil transfers. This article sheds light on different types of bunkering operations, as well as on the often-overlooked practice of STS oil transfers. It suggests that in the case of bunkering, the allocation of jurisdiction as between coastal and flag states depends on the activity of the vessel being bunkered. In the case of STS oil transfers, it concludes that jurisdictional competence needs to be determined in line with Article 59 of the LOSC. The article also examines relevant state practice and contends that the LOSC’s ambiguity is no license to unfettered coastal state regulation.
{"title":"Coastal State Regulation of Bunkering and Ship-to-Ship (STS) Oil Transfer Operations in the EEZ: An Analysis of State Practice and of Coastal State Jurisdiction Under the LOSC","authors":"D. Testa","doi":"10.1080/00908320.2019.1605673","DOIUrl":"https://doi.org/10.1080/00908320.2019.1605673","url":null,"abstract":"While the United Nations Convention on the Law of the Sea (LOSC) expressly allocates jurisdiction in regard to several activities that are conducted in the exclusive economic zone (EEZ), it does not do so for bunkering and ship-to-ship (STS) oil transfers. This article sheds light on different types of bunkering operations, as well as on the often-overlooked practice of STS oil transfers. It suggests that in the case of bunkering, the allocation of jurisdiction as between coastal and flag states depends on the activity of the vessel being bunkered. In the case of STS oil transfers, it concludes that jurisdictional competence needs to be determined in line with Article 59 of the LOSC. The article also examines relevant state practice and contends that the LOSC’s ambiguity is no license to unfettered coastal state regulation.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90286334","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 : 2019-05-10DOI: 10.1080/00908320.2019.1605677
V. Schatz, D. Koval
This article discusses potential Ukrainian rights of passage through Kerch Strait against the background of restrictions on passage imposed by Russia since the annexation of Crimea, taking into account the ongoing arbitral proceedings under Annex VII of the UN Convention on the Law of the Sea. The article addresses first the question of the status of Kerch Strait and the Sea of Azov under the international law of the sea. In a second step, the article deals with the issue of potential Ukrainian passage rights through Kerch Strait based on the legal status discussed in the first section as well as relevant bilateral treaties between Ukraine and Russia.
{"title":"Russia’s Annexation of Crimea and the Passage of Ships Through Kerch Strait: A Law of the Sea Perspective","authors":"V. Schatz, D. Koval","doi":"10.1080/00908320.2019.1605677","DOIUrl":"https://doi.org/10.1080/00908320.2019.1605677","url":null,"abstract":" This article discusses potential Ukrainian rights of passage through Kerch Strait against the background of restrictions on passage imposed by Russia since the annexation of Crimea, taking into account the ongoing arbitral proceedings under Annex VII of the UN Convention on the Law of the Sea. The article addresses first the question of the status of Kerch Strait and the Sea of Azov under the international law of the sea. In a second step, the article deals with the issue of potential Ukrainian passage rights through Kerch Strait based on the legal status discussed in the first section as well as relevant bilateral treaties between Ukraine and Russia.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85861646","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 : 2019-04-19DOI: 10.1080/00908320.2019.1582631
Jianping Guo, Peng Wang
Abstract In the South China Sea Arbitration, the Tribunal decided that China had not breached the due diligence obligation to protect and preserve the marine environment under Articles 192 and 194(5) of the United Nations Convention on the Law of the Sea concerning Chinese fishers fishing with explosives, but that China had breached the same obligation regarding Chinese fishers harvesting endangered species. This article looks at how the Tribunal interpreted and applied the due diligence obligation and argues, from a Chinese perspective, that there were facts overlooked by the Tribunal that China could have presented to counter the evidence of the Philippines, which might have been enough to affect the decision on destructive fishing had China participated in the Arbitration.
{"title":"Due Diligence and Overlooked Evidence in the South China Sea Arbitration: A Note","authors":"Jianping Guo, Peng Wang","doi":"10.1080/00908320.2019.1582631","DOIUrl":"https://doi.org/10.1080/00908320.2019.1582631","url":null,"abstract":"Abstract In the South China Sea Arbitration, the Tribunal decided that China had not breached the due diligence obligation to protect and preserve the marine environment under Articles 192 and 194(5) of the United Nations Convention on the Law of the Sea concerning Chinese fishers fishing with explosives, but that China had breached the same obligation regarding Chinese fishers harvesting endangered species. This article looks at how the Tribunal interpreted and applied the due diligence obligation and argues, from a Chinese perspective, that there were facts overlooked by the Tribunal that China could have presented to counter the evidence of the Philippines, which might have been enough to affect the decision on destructive fishing had China participated in the Arbitration.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85711560","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 : 2019-04-11DOI: 10.1080/00908320.2019.1582616
Ronán Long
Abstract Building capacity in ocean affairs, the law of the sea, and marine scientific research in relation to the needs of developing countries is an integral part of the U. Convention on the Law of the Sea and associated instruments, including the International Maritime Organization (IMO) treaty regime. This article traces the development of capacity-building initiatives at the World Maritime University (WMU) over the past three decades, including the establishment of the WMU–Sasakawa Global Ocean Institute in 2018. The establishment of the new institute should be viewed within the wider context of the extraordinary philanthropy of the Sasakawa Peace Foundation and the Nippon Foundation in building human resource capacity and in supporting advanced academic research on complicated and contentious ocean issues. The article describes the extensive consultation process that informs the research, education, and capacity development agenda of the new institute, including work on the ocean-related goals of the 2030 Agenda for Sustainable Development.
{"title":"The World Maritime University—Sasakawa Global Ocean Institute: A New Institute in a Unique University","authors":"Ronán Long","doi":"10.1080/00908320.2019.1582616","DOIUrl":"https://doi.org/10.1080/00908320.2019.1582616","url":null,"abstract":"Abstract Building capacity in ocean affairs, the law of the sea, and marine scientific research in relation to the needs of developing countries is an integral part of the U. Convention on the Law of the Sea and associated instruments, including the International Maritime Organization (IMO) treaty regime. This article traces the development of capacity-building initiatives at the World Maritime University (WMU) over the past three decades, including the establishment of the WMU–Sasakawa Global Ocean Institute in 2018. The establishment of the new institute should be viewed within the wider context of the extraordinary philanthropy of the Sasakawa Peace Foundation and the Nippon Foundation in building human resource capacity and in supporting advanced academic research on complicated and contentious ocean issues. The article describes the extensive consultation process that informs the research, education, and capacity development agenda of the new institute, including work on the ocean-related goals of the 2030 Agenda for Sustainable Development.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81847278","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 : 2019-04-05DOI: 10.1080/00908320.2019.1582601
Zhenjie Lin
Abstract The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.
{"title":"Jurisdiction Over Underwater Cultural Heritage in the EEZ and on the Continental Shelf: A Perspective From the Practice of States Bordering the South China Sea","authors":"Zhenjie Lin","doi":"10.1080/00908320.2019.1582601","DOIUrl":"https://doi.org/10.1080/00908320.2019.1582601","url":null,"abstract":"Abstract The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78836515","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 : 2019-04-04DOI: 10.1080/00908320.2018.1553092
Jeffrey J. Smith
Abstract Western Sahara’s coastal waters have become contentious because of seabed petroleum exploration and fisheries undertaken pursuant to treaties between Morocco and the European Union, Japan, and Russia. These activities have been protested by the territory’s government-in-exile, the Saharawi Arab Democratic Republic. In 2017 Morocco announced its intention to adopt legislation to create an exclusive economic zone (EEZ) on the territory’s coast. This article considers the status of Saharan coastal waters in the circumstances of decolonization and occupation. The obligations on states interested in exploring and extracting Saharan ocean resources are considered and are argued to be restrictive regardless of the status of the territory’s coastal waters and recognition of a Saharawi state.
{"title":"International Law and Western Sahara’s Maritime Area","authors":"Jeffrey J. Smith","doi":"10.1080/00908320.2018.1553092","DOIUrl":"https://doi.org/10.1080/00908320.2018.1553092","url":null,"abstract":"Abstract Western Sahara’s coastal waters have become contentious because of seabed petroleum exploration and fisheries undertaken pursuant to treaties between Morocco and the European Union, Japan, and Russia. These activities have been protested by the territory’s government-in-exile, the Saharawi Arab Democratic Republic. In 2017 Morocco announced its intention to adopt legislation to create an exclusive economic zone (EEZ) on the territory’s coast. This article considers the status of Saharan coastal waters in the circumstances of decolonization and occupation. The obligations on states interested in exploring and extracting Saharan ocean resources are considered and are argued to be restrictive regardless of the status of the territory’s coastal waters and recognition of a Saharawi state.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84563735","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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