Showing papers in "Ocean Development and International Law in 2007"

The Arctic Waters and the Northwest Passage: A Final Revisit

Abstract: Climate change has reduced the extent and thickness of sea ice in the Arctic, making international shipping in the Northwest Passage a virtual certainty in the foreseeable future. Such future shipping raises the question of whether the Passage is or might become an international strait, with the consequent right of transit passage. This article examines the two possible legal bases for Canada's claim that the waters of the Canadian Arctic Archipelago are internal waters: a historic title and straight baselines. It also addresses the issue of the possible internationalization of the Passage, if Canada does not take preventive measures. Some such measures are recommended in the last part of the article.

Port State Jurisdiction: Towards Comprehensive, Mandatory and Global Coverage

Abstract: This article examines the scope and extent of port state jurisdiction in regard to marine pollution and marine capture fisheries and looks at such issues as access to port, conditions for entry into port, extraterritorial prescription, and in-port enforcement. One of the arguments put forward is that the justifiability of extraterritorial port state jurisdiction depends not only on an adequate jurisdictional basis, but also on the type of enforcement action taken. Port state jurisdiction is gradually moving from a voluntary basis regarding limited subject areas toward being comprehensive and mandatory through regional and global arrangements. The notion of a “responsible port state,” a state committed to making the fullest possible use of its jurisdiction under international law in furtherance of not just its own rights and interests, but also those of the international community, could play a key role in optimizing the use of port state jurisdiction (balanced by appropriate safeguards) and achieving mand...

The European Union and Ocean Use Management: The Marine Strategy and the Maritime Policy

Abstract: Problems resulting from contemporary patterns of ocean use and threats to the viability of the marine environment have led to reconsideration of ocean use governance in a number of states, including the United States, Australia, and Canada. For its part, the European Union has been working on the development of a Marine Strategy to safeguard the environment and a more encompassing Maritime Policy into which the Marine Strategy would be folded. The desired Maritime Policy would reflect a holistic perspective of ocean space, embody an ecosystem-based approach to ocean use management, and provide a broad framework for ocean/coastal management. As has been seen elsewhere, developing such a governance system is difficult both in terms of conceptualization and, subsequently, in operationalization. The June 2006 European Commission Green Paper on Maritime Policy sets the stage for a year of consultations designed to develop an effective governance system for ocean management. Institutional and policy changes wil...

Protecting Marine Biodiversity on the Continental Shelf Beyond 200 Nautical Miles

Abstract: States are expending significant effort to chart the extent of their continental shelves where these extend beyond 200 nautical miles. As more is understood about marine biodiversity on the outer continental shelf, states may wish to regulate the use of biodiversity for the purposes of conservation or for future exploitation. This article identifies potential threats to marine biodiversity on the continental shelf, explores whether conservation is a legitimate purpose for exercising coastal state rights over the outer continental shelf under the Law of the Sea Convention, and considers the various legal rules that coastal states may use to protect marine biodiversity. The article concludes that the continental shelf regime is undesirably vague in some instances but that coastal states have a legal basis for taking action to regulate activities that impact the marine biodiversity of the outer continental shelf.

Legal Issues Related to Sovereignty over Dokdo and Its Maritime Boundary

Abstract: This article examines the historical events relevant to the claims of sovereignty by Japan and Korea over Dokdo, the legal doctrines that have been applied by international tribunals to other disputes over remote and uninhabited territories, and the principles governing maritime boundary delimitation that are relevant to the ocean space around Dokdo. The applicable decisions of the International Court of Justice and other tribunals are examined in detail. Among the topics addressed are the methods of acquiring sovereignty over territory, the relevance of contiguity to such claims, the requirements of effective protests, and the activities and omissions that constitute acquiescence. Attention is also given to the status of this matter as a “dispute” and how closure might be brought to it.

PSSAs and Transit Passage—Australia's Pilotage System in the Torres Strait Challenges the IMO and UNCLOS

Abstract: On 22 July 2005, the International Maritime Organization (IMO) approved the extension of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA) to the Torres Strait in Resolution MEPC.133(53). Australia amended its regulations and issued marine orders imposing a compulsory pilotage system in the Torres Strait. Australia's actions triggered protests from maritime states at the IMO and in bilateral diplomatic exchanges. This article examines the legal issues raised by Australia's establishment of a compulsory pilotage system in a strait used for international navigation, including the prospects for Australia being challenged under the compulsory dispute settlement provisions of the UN Convention on the Law of the Sea. It is recommended that the PSSA Guidelines of the IMO be amended to ensure that such legal issues do not arise in the future.

The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality, Implementation, and an Assessment

Abstract: This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not.

A Note on Maritime Delimitation in a Multizonal Context: The Case of the Mediterranean

Abstract: This article points out some of the issues that may arise during the delimitation of maritime boundary in a sea area where coastal states have proclaimed various maritime zones. Issues considered include delimitation in the presence of overlapping or coincident zones, the role of existing boundaries, use of all-purpose maritime boundaries, and the delimitation of future zones. Special reference is made to the Mediterranean Sea where coastal states have advanced various claims consisting of zones sometimes different from the ones provided for in the 1982 United Nations Convention on the Law of the Sea.

Maritime Delimitation Between Denmark/Greenland and Norway

Abstract: This note discusses the recent agreement between Denmark/Greenland and Norway delimiting the maritime boundary between the Norwegian territory of Svalbard and Greenland.

Legal Traditions, Environmental Awareness, and a Modern Industry: Comparative Legal Analysis and Marine Aquaculture

Abstract: In the interests of increasing fish production globally, alleviating global poverty, and income generation, marine aquaculture has seen worldwide expansion over the past few decades. However, this expansion has been matched by growing concerns over its environmental impacts. This article utilizes comparative legal analysis to explore the legal systems of governance for the environmental performance of marine aquaculture in four case study countries. Two are members of the European Community (Scotland, as part of the United Kingdom, and Greece), one is a recent accession country (Slovenia), and the fourth is closely linked to the European Community albeit geographically and legally disparate (Israel).

Spain's Fisheries Sector: From the Birth of Modern Fishing through to the Decade of the Seventies

Abstract: The current problems involving Spain's oversized fishing fleet are explained by the growth of the fleet throughout the 20th Century. This article reviews the birth and development of Spain's distant-water fishing fleet that led to it becoming one of the world's largest fleets, albeit a fleet now devoid of fishing grounds, following the implementation throughout the world of the 200-mile exclusive economic zone.

Setting Up International (Adversary) Regimes in the South China Sea: Analyzing the Obstacles from a Chinese Perspective

Abstract: If the sovereignty issue can be shelved, solved, or resolved, the six claimant states of the South China Sea will have to establish a series of international regimes. The following questions need to be answered: Do all the claimants understand the concept of international regimes? Would the regimes be imposed? Would there be hegemon(s) in the South China Sea? If so, which country or multiple entities will be involved? What would be the outcome of having international regimes in the South China Sea? Can the experience elsewhere be applied to the South China Sea?

Managing Vietnam's maritime boundary disputes

Abstract: This article examines the progress made in managing Vietnam's maritime boundary disputes and analyzes the challenges that lie ahead relating to unsettled disputes. The continuity and change in Vietnam's approach to dispute a settlement and the difficulties in managing the unresolved maritime disputes are assessed. Vietnam has made considerable progress in managing its maritime disputes; however, continued efforts are needed to address the unresolved disputes.