Pub Date : 2024-06-13DOI: 10.1163/15718085-bja10171
Aixin Yu, Tsung-Han Tai
{"title":"China’s Law of the Sea: The New Rules of Maritime Order, written by Isaac B Kardon","authors":"Aixin Yu, Tsung-Han Tai","doi":"10.1163/15718085-bja10171","DOIUrl":"https://doi.org/10.1163/15718085-bja10171","url":null,"abstract":"","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"59 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141346837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-06-13DOI: 10.1163/15718085-bja10170
Klaas Willaert
Together with its mineral resources, ‘the Area’ – comprising the seabed and subsoil beyond the boundaries of national jurisdiction – is designated as the ‘common heritage of mankind’. One of the predominant motivations behind the principle of the common heritage of mankind was to ensure fair sharing of the benefits derived from the Area by preventing a first-come first-serve race to the bottom of the ocean, which would mainly entitle developed nations – possessing the necessary expertise, technology and financial means to engage in deep sea mining – to the mineral resources of the deep seabed and would exclude most developing States from these economic opportunities. This important objective ought to be effected through a number of measures, but most of these measures have not yet been implemented by the International Seabed Authority or seem to be undermined by current developments.
{"title":"The Interests of Developing States in the Area: Promoted or Neglected?","authors":"Klaas Willaert","doi":"10.1163/15718085-bja10170","DOIUrl":"https://doi.org/10.1163/15718085-bja10170","url":null,"abstract":"\u0000Together with its mineral resources, ‘the Area’ – comprising the seabed and subsoil beyond the boundaries of national jurisdiction – is designated as the ‘common heritage of mankind’. One of the predominant motivations behind the principle of the common heritage of mankind was to ensure fair sharing of the benefits derived from the Area by preventing a first-come first-serve race to the bottom of the ocean, which would mainly entitle developed nations – possessing the necessary expertise, technology and financial means to engage in deep sea mining – to the mineral resources of the deep seabed and would exclude most developing States from these economic opportunities. This important objective ought to be effected through a number of measures, but most of these measures have not yet been implemented by the International Seabed Authority or seem to be undermined by current developments.","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"10 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141349154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-06-05DOI: 10.1163/15718085-bja10173
Ke Song
{"title":"Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence, written by Caroline E. Foster","authors":"Ke Song","doi":"10.1163/15718085-bja10173","DOIUrl":"https://doi.org/10.1163/15718085-bja10173","url":null,"abstract":"","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"335 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-12DOI: 10.1163/15718085-bja10161
Martin Ratcovich Leopardi
This article addresses the international law of ocean nuclear power plants (ONPPs) with a particular focus on the Arctic. Encompassing norms under the law of the sea, maritime law, environmental law, nuclear energy law and humanitarian law, the article discusses how existing fundamental legal regulations apply to ONPPs in the Arctic. Additionally, the legal role of some relevant institutions, such as the International Atomic Energy Agency, the International Maritime Organization, and the Arctic Council, is considered. While the military nuclearisation of the Arctic has been the subject of much scholarly concern, the civil nuclearisation has not – at least not from an international law perspective. International law provides States with a considerable degree of freedom when it comes to the development and deployment of ONPPs, but there are several challenges and legal gaps, not least regarding special legal regulations for the Arctic.
{"title":"International Law and Ocean Nuclear Power Plants in the Arctic","authors":"Martin Ratcovich Leopardi","doi":"10.1163/15718085-bja10161","DOIUrl":"https://doi.org/10.1163/15718085-bja10161","url":null,"abstract":"\u0000This article addresses the international law of ocean nuclear power plants (ONPPs) with a particular focus on the Arctic. Encompassing norms under the law of the sea, maritime law, environmental law, nuclear energy law and humanitarian law, the article discusses how existing fundamental legal regulations apply to ONPPs in the Arctic. Additionally, the legal role of some relevant institutions, such as the International Atomic Energy Agency, the International Maritime Organization, and the Arctic Council, is considered. While the military nuclearisation of the Arctic has been the subject of much scholarly concern, the civil nuclearisation has not – at least not from an international law perspective. International law provides States with a considerable degree of freedom when it comes to the development and deployment of ONPPs, but there are several challenges and legal gaps, not least regarding special legal regulations for the Arctic.","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140249008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-14DOI: 10.1163/15718085-bja10059
Robin Churchill
AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2020. The most significant developments were awards by the arbitral tribunals in the Enrica Lexie and Coastal State Rights cases.
{"title":"Dispute Settlement in the Law of the Sea: Survey for 2020","authors":"Robin Churchill","doi":"10.1163/15718085-bja10059","DOIUrl":"https://doi.org/10.1163/15718085-bja10059","url":null,"abstract":"AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2020. The most significant developments were awards by the arbitral tribunals in the Enrica Lexie and Coastal State Rights cases.","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"16 1","pages":"539-573"},"PeriodicalIF":0.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138530877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-07DOI: 10.1163/15718085-bja10037
Robin Churchill
AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2019. The most significant developments concerned the International Tribunal for the Law of the Sea (ITLOS). It delivered its judgment in the M/V Norstar (Panama v. Italy) case (concerning bunkering on the high seas and the scope of non-flag State prescriptive jurisdiction over vessels); made two provisional orders – in the Detention of Three Ukrainian Naval Vessels (Ukraine v. Russia) and San Padre Pio (Switzerland v. Nigeria) cases, both concerned with the alleged unlawful seizure and detention of ships; and was seized of two new cases. In addition, an arbitral tribunal made an award of reparation in the Duzgit Integrity (Malta v. São Tomé and Príncipe) case.
摘要这是本刊回顾《联合国海洋法公约》第十五部分和《公约》框架外的海洋法争端解决的年度系列调查的最新一期。它涵盖了2019年的发展。最重要的事态发展涉及国际海洋法法庭(海洋法法庭)。它对M/V Norstar(巴拿马诉意大利)案(涉及公海加油和非船旗国对船舶的规定性管辖范围)作出判决;就扣押三艘乌克兰海军舰艇(乌克兰诉俄罗斯)和San Padre Pio(瑞士诉尼日利亚)案件发出两项临时命令，这两项命令都涉及据称非法扣押和扣押船只;并查获了两起新案件。此外，仲裁庭在杜兹吉特完整性(马耳他诉 o tom和Príncipe)案中作出了赔偿裁决。
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Pub Date : 2020-07-20DOI: 10.1163/15718085-bja10022
Meinhard Doelle,Gunnar Sander
Abstract This article evaluates prospects for an effective environmental assessment (EA) regime through the biodiversity beyond national jurisdiction (BBNJ) process and suggests improvements to the results of the negotiations as of March 2020. The review starts by offering key elements of existing international law as it relates to EA as context. Twelve elements of ‘Next Generation EA’ are introduced as a standard against which to evaluate the results of the negotiations and as inspiration for the EA elements of a new legally binding instrument. While the negotiations have established a reasonably solid basis for effective project level assessments, further improvements are needed. Much more work remains on regional and strategic assessments and the proper integration of the EA regime into effective governance of the world’s ocean.
{"title":"Next Generation Environmental Assessment in the Emerging High Seas Regime? An Evaluation of the State of the Negotiations","authors":"Meinhard Doelle,Gunnar Sander","doi":"10.1163/15718085-bja10022","DOIUrl":"https://doi.org/10.1163/15718085-bja10022","url":null,"abstract":"Abstract This article evaluates prospects for an effective environmental assessment (EA) regime through the biodiversity beyond national jurisdiction (BBNJ) process and suggests improvements to the results of the negotiations as of March 2020. The review starts by offering key elements of existing international law as it relates to EA as context. Twelve elements of ‘Next Generation EA’ are introduced as a standard against which to evaluate the results of the negotiations and as inspiration for the EA elements of a new legally binding instrument. While the negotiations have established a reasonably solid basis for effective project level assessments, further improvements are needed. Much more work remains on regional and strategic assessments and the proper integration of the EA regime into effective governance of the world’s ocean.","PeriodicalId":501244,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"12 4","pages":"498-532"},"PeriodicalIF":0.0,"publicationDate":"2020-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138511522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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