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Routledge Handbook of the South China Sea, edited by Keyuan Zou The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-04-27 Xudong Zhang,Yen-Chiang Chang
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How to Complicate a Simple Case: The Judgment on the Merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-04-22 Massimo Lando,Jessica Joly Hébert
AbstractOn 12 October 2021, the International Court of Justice (ICJ or Court) issued its judgment on the merits in Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The judgment raises questions of significance in respect of two issues upon which this comment elaborates. First, the Court failed to distinguish adequately between the notions of acquiescence and tacit agreement, which were
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Combating Ocean Debris: Marine Plastic Pollution and Waste Regulation in Indonesia The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-04-21 Setyo Widagdo,Syahriza Alkohir Anggoro
AbstractMarine plastic pollution (MPP) is one of the major global environmental threats in the Anthropocene era that requires a coordinated legal response from local to international levels. This article explores how the Indonesian legal and institutional framework deals with MPP. Despite the diversity of existing instruments, Indonesia has not adopted all the necessary measures to prevent, reduce
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Strategic Environmental Assessment in Marine Areas beyond National Jurisdiction: Implementing Integration The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-03-28 Neil Craik,Kristine Gu
AbstractWhereas environmental impact assessment (EIA) is broadly accepted as a legal requirement for managing the marine environment in areas beyond national jurisdiction (ABNJ), there has been a greater reluctance by States to adopt strategic environmental assessment (SEA) requirements. This suggests the legal basis for SEA is different and less firmly established in international law than EIA. This
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Enforcing Law in Undelimited Maritime Areas: Indonesian Border Experience The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-03-28 Arie Afriansyah,Aristyo Rizka Darmawan,Andreas Pramudianto
AbstractAs the largest archipelagic State in the world, Indonesia has a very long coastline and is bordered by ten countries. Irrespective of its geographical condition, a genuine delimitation of its maritime boundaries is crucial for Indonesia. However, maritime boundary delimitation often takes considerable time. One problem that often arises during maritime boundary delimitation negotiations is
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Governance for Sustainable Development: The Value of Environmental Regulations and the Effect of Maritime Norms The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-03-07 Michael Tsimplis
AbstractThis article examines an important area where environmental law and economics intersect and proposes a novel model to assess the economic value of environmental shipping regulations. The model is used to evaluate the effect that existing regulatory norms have on the value of shipping regulations. The norms considered include both legal arrangements established under the international law of
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Endangered Blue Whale Survival in the North Atlantic: Lagging Scientific and Governance Responses, Charting Future Courses The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-24 Olga Koubrak,David L. VanderZwaag,Boris Worm
AbstractPopulations of blue whales were heavily depleted across the globe by industrial whaling and are still considered globally endangered today. In the Northwest Atlantic, an estimated 400–600 individuals remain, but these numbers are highly uncertain. Ship strikes, fishing gear entanglement, and marine debris are thought to be leading causes of contemporary human-caused mortality in blue whales
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Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (COSIS) The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-18 David Freestone,Richard Barnes,Payam Akhavan
AbstractThis contribution outlines the content of a new agreement, signed initially by Antigua and Barbuda and Tuvalu, that establishes a Commission of Small Island States on Climate Change and International Law. This Commission has, inter alia, the express power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS) on issues within the ITLOS jurisdiction relating
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Merchant Shipping during Global Health Pandemics: A Review of International Regulations The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-17 Dawoon Jung,Robert Beckman
AbstractThis article examines the impact of COVID-19 on the international regulation of merchant shipping. First, it provides an overview of the international regulatory framework established by the WHO, IMO and ILO to respond to the impact of global health emergencies on international merchant shipping. It then examines the responses of these organisations and the shipping industry to the impact of
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Legal Reflections on the Small-Scale Fisheries Guidelines: Building a Global Safety Net for Small-Scale Fisheries The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-16 Julia N. Nakamura
AbstractThe Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, endorsed by the Committee on Fisheries of the Food and Agriculture Organization of the United Nations in 2014, heightened the recognition and protection of small-scale fisheries globally. The guidelines are voluntary and non-binding, but does this mean they have no
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Marine Fisheries Act 2020 of Bangladesh: A Missed Opportunity for Sustainability and Collaborative Governance The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-09 Abdullah Al Arif,Md Saiful Karim
AbstractThis article critically examines the Marine Fisheries Act 2020 of Bangladesh. The Act replaced the Marine Fisheries Ordinance 1983 with a view to upgrading the regulation of fisheries resources in Bangladesh’s marine waters. However, a substantial portion of the Act replicates the 1983 Ordinance. Critically, the Act does not incorporate the internationally recognised principles and measures
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The Glasgow Climate Conference (COP26) The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-02-07 Mitchell Lennan,Elisa Morgera
AbstractAfter over a decade of international efforts to include the ocean in the policy discussions at the United Nations Framework Convention on Climate Change (UNFCCC) annual Conference of the Parties (COP), the ocean has finally been included by, inter alia, a reference to ‘ocean-based action’ in a series of COP outcomes, notable among which is the cover decisions known as the ‘Glasgow Climate Pact’
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The Rights and Obligations of States in Disputed Maritime Areas, written by Youri Van Logchem The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2022-01-07 Gülay C. Firatli
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What Are the Next Steps for the International Seabed Authority after the Invocation of the ‘Two-year Rule’? The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-12-20 Pradeep A Singh
AbstractIn late June 2021, the Republic of Nauru invoked a legal provision known as the ‘two-year rule’ at the International Seabed Authority (ISA), which effectively obliges the Council of the ISA to complete the elaboration of the mineral exploitation regulations within the prescribed time of two years, that is, by 9 July 2023. This article provides an update on recent developments at the ISA since
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Legal Framework for Marine Oil Pollution from Ships in Thailand The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-11-03 Pascal Kany Prud’ome Gamassa
AbstractMarine oil pollution from ships has been a constant threat to Thai waters. This article examines the domestication of the provisions of relevant international conventions to which Thailand is a party regarding the prevention, preparedness, response and compensation of claimants of marine oil pollution damage. The current Thai legal framework does not provide for adequate protection of the marine
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Protest at Sea against Deep Sea Mining: Lawfulness, Limits and Remedies The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-27 Klaas Willaert
AbstractProtest at sea has been on the rise and this trend has now also manifested itself within the context of deep sea mining. In May 2021, Greenpeace activists approached the Normand Energy, a ship chartered by Belgian deep sea mining contractor Global Sea Mineral Resources (GSR), and interfered with its operations by painting slogans on the hull of the vessel and attaching banners to the umbilical
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Pacific Islands Countries Declare Permanent Maritime Baselines, Limits and Boundaries The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-27 David Freestone,Clive Schofield
AbstractThe Pacific Island countries are in the front line of adverse impacts from sea level rise. For the last decade the South Pacific Forum Members have been seeking ways to preserve their entitlements to their maritime zones and resources in the event of inundation of coasts and coastal features as a result of sea level rise. The issue was explored by the International Law Association in its 2018
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New Scientific Information Can Help to Inform the Evaluation of EU Deep-sea Fisheries Regulations The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-25 Phillip J Turner,Matthew Gianni,Ellen Kenchington,Sebastian Valanko,David E Johnson
AbstractThe European Union’s deep-sea fisheries regulations (Regulation (EU) No. 2016/2336) established obligations to manage deep-sea fisheries and to protect vulnerable marine ecosystems (VMEs). The European Commission is scheduled to complete a review of the regulations in 2021, providing an opportunity for new scientific information to be incorporated into the implementation of the regulations
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Integrating Sustainable Development into the Adoption of Emergency Orders for the Protection of the Common Heritage of Mankind and the Marine Environment The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-21 Sebastián Preller-Bórquez
AbstractSubjacent to the concept of sustainable development lies a narrative of prevention or mitigation of damages that can constitute a useful argumentative mechanism. In particular, this narrative provides coherence to the motivation behind emergency orders issued by the International Seabed Authority (ISA), which are aimed at the protection of the common heritage of mankind and the marine environment
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New Knowledge and Changing Circumstances in the Law of the Sea, edited by Tomas Heidar The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-04 Mitchell Lennan
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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 The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-10-04 Meng Li,Yen-Chiang Chang
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A Legal Appraisal of the Interplay between the Obligations to Publish/Deposit Charts and Lists of Geographical Coordinates and Unilateral Maritime Claims The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-09-29 Nicholas A. Ioannides
AbstractAccording 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
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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 The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-07-26 Alexandre Pereira da Silva
AbstractThis 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
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Under Pressure: The Impact of Invoking the Two Year Rule within the Context of Deep Sea Mining in the Area The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-07-21 Klaas Willaert
Abstract 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
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The Law of the Seabed: Access, Uses, and Protection of Seabed Resources, edited by Catherine Banet The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-07-14 Chun-Zheng Yang
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The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-07-14 Shani Friedman
Abstract 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
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Dispute Settlement in the Law of the Sea: Survey for 2020 The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-06-14 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.
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Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-06-03 So Yeon Kim
Abstract 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
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Maritime Autonomous Vehicles and Drug Trafficking by Sea: Some Legal Issues The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-06-02 Rob McLaughlin,Natalie Klein
Abstract 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
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Governing Oceans in a Time of Change: Fishing for the Future?, written by Marcus Haward The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-05-17 Catherine Blanchard
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Resolving the United Kingdom and European Union Membership of Regional Fisheries Management Organisations Post Brexit The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-05-10 Gabriela A. Oanta
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Regime Interaction in Ocean Governance: Problems, Theories and Methods, edited by Seline Trevisanut, Nikolaos Giannopoulos and Rozemarijn Roland Holst The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-05-03 Philipp Peter Nickels
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Prohibition of Bottom Trawling on Extended Continental Shelves: Creeping Jurisdiction or Enforcement of Sovereign Rights? The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-26 Ekaterina Antsygina
Abstract This article discusses whether the regime of the continental shelf includes a right to conserve living natural resources and whether a unilateral establishment of a ban on bottom trawl fishing is possible on the high seas superjacent the extended continental shelf (ECS). Based on Article 77 and Part XII of the United Nations Convention on the Law of the Sea, coastal States can impose reasonable
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The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-15 Talitha Ramphal
Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment
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The Operation of the CLCS Facing Disputes: An Examination of the Rules and Practices The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-15 Michael Sheng-ti Gau,Gang Tang
Abstract The United Nations Convention on the Law of the Sea (LOSC) regulates the establishment of the outer limits of its continental shelf beyond 200 miles by a coastal State. Such limits are legitimised when based on the recommendations of the Commission on the Limits of the Continental Shelf (CLCS) under LOSC Article 76(8). The coastal State must first submit the information for delineating the
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The Belt and Road Initiative and the Law of the Sea, edited by Keyuan Zou The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-12 M Jahanzeb Butt,Khadija Zulfiqar,Yen-Chiang Chang
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The Contribution of Integrated Marine Policies to Marine Environmental Protection: The Case of Norway The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-12 Lena Schøning
Abstract This article investigates the contribution of the Norwegian integrated marine management (IMM) plans to marine environmental protection and conservation. These plans have been described as international best practice, and the government’s goal is ‘for Norway to be a pioneer in developing an integrated ecosystem-based management regime for marine areas’. The plans pursue other objectives, including
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Enforcing International Maritime Legislation on Air Pollution through UNCLOS, written by Jesper Jarl Fanø The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-08 Zhen Sun
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Towards a Sustainable Recovery: Perspectives from the Recent Literature on International Marine Environmental Law The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-04-08 James Harrison
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The (In)applicability of the Right of Innocent Passage in the Gulf of Finland – Russia’s Return to a Mare Clausum? The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-03-16 Alexander Lott
Abstract The Gulf of Finland has one of the busiest shipping routes globally and is the main export channel for Russian oil and gas. The Russian Federation has not closed its territorial sea for the east-west passage of ships to and from its ports. However, it has blocked over the past dozen years the north-south passage of an Estonian-Finnish commercial ferry line that has not received the Russian
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In the Name of Equality: The ‘Bengal Rule’ The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-02-15 Sandrine W. De Herdt
Abstract Following a call for equal treatment from the Sri Lankan delegation, the Third United Nations Conference on the Law of the Sea recognized that the provision on sedimentary thickness in Article 76(4) of the United Nations Convention on the Law of the Sea would result in inequity for States in the southern part of the Bay of Bengal, as more than half of the margin would be cut off. Accordingly
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The Rising Tide of Maritime Boundary Delimitation Scholarship The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-01-25 Ki Beom Lee
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Multilateral Creeping Coastal State Jurisdiction and the BBNJ Negotiations The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2021-01-05 Erik J. Molenaar
AbstractThe interrelated notions of adjacency and creeping coastal State jurisdiction have been a key driver in the historical development of the international law of the sea. Although the United Nations Convention on the Law of the Sea (LOSC) managed to bring an end to unilateral coastal State claims to new and broader maritime zones, creeping coastal State jurisdiction per se continued, both unilaterally
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Time to Get Serious about Combating Forced Labour and Human Trafficking in Fisheries The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-12-12 Vasco Becker-Weinberg
AbstractThe connection between forced labour and human trafficking and fisheries, particularly illegal, unregulated and unreported fishing, is vile and highly profitable, and may be found in most parts of the world. A fishing vessel can be a place of abuse more extreme than any other onshore. At sea, it is out of sight for long periods of time, with little or no opportunity for fishers to escape. The
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Regulatory Systems Supporting Innovation: Lessons from the Development of the 2004 Ballast Water Management Convention The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-11-09 Michael Tsimplis
AbstractThe 2004 Ballast Water Management Convention (BWMC) demands the development of new technology in order to ensure improved environmental performance by ships. However, the successful development of innovation through technology requires characteristics missing from the rather conservative shipping sector in general and also from the BWMC as a legal instrument in particular. The authorisations
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The South China Sea Arbitration: Toward an International Legal Order in the Oceans, written by Yoshifumi Tanaka The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-10-05 Natalie Klein
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Marine Pollution in Indonesia and the Regulatory Framework The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-10-05 Dikdik Mohamad Sodik
AbstractOil pollution and marine plastic pollution (MPP) in Indonesian waters have been causing concerns for decades. This article examines the adequacy of the existing Indonesian legislation on oil pollution and MPP consistent with international environmental governance regimes. It is argued that the current Indonesian laws and regulations for dealing with oil pollution and marine debris are inadequate
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Strengthening International Fisheries Law in an Era of Changing Oceans, edited by Richard Caddell and Erik J. Molenaar The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-10-05 Mitchell Lennan
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Trans-Tasman Resources Limited v. Taranaki-Whanganui Conservation Board The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-09-23 Robert A. Makgill,James D. Gardner-Hopkins,Natalie R. Coates
AbstractOn 3 April 2020, the Court of Appeal delivered a judgment quashing a decision to approve a seabed mining proposal within New Zealand’s exclusive economic zone (EEZ). This article discusses the judgment’s background, its references to the law of the sea and other international law, and the Court of Appeal’s four key findings. These findings include that the seabed mining approval: (a) failed
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Dispute Settlement in the Law of the Sea: Survey for 2019 The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-09-07 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
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Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought, written by Hassan S. Khalilieh The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-09-07 Punsara Amaransinghe
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Rising Seas and Retreating Coasts: Implications for the Arctic The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-08-03 Clive Schofield,Suzanne Lalonde
AbstractThis article addresses both the physical impacts and international legal issues arising from two interlinked stressors on Arctic coastlines: sea level rise and coastal erosion. Key aspects of the legal regime governing the baselines from which coastal States calculate the outer limits of their maritime zones are reviewed and a synopsis of the practice among the Arctic littoral States is provided
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Emerging Issues on Arctic Environmental and Climate Change Governance: Introduction The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-08-03 Yoshifumi Tanaka,Beatriz Martinez Romera
Abstract This Special Issue, based on the Third International Conference of the Transatlantic Maritime Emissions Research Network (TRAMEREN), Copenhagen, June 2019, examines emerging issues in Arctic environmental and climate change governance. The law of the sea performs a paramount role in stabilising a legal order in the ocean, including the marine Arctic. However, physical and ecological conditions
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Closing Gaps of Fuel Use Regulation of Arctic Shipping The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-08-03 Zhen Sun
Abstract Evidence-based forecasting and estimation indicate that Arctic shipping will grow in volume and diversify over the coming years, and associated challenges need to be met without compromising too much either the growing demand for shipping or the sustainability of the Arctic environment. Various initiatives have been put forward by the shipping industry, States and international regulatory
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The Polar Code and the Arctic Marine Environment: Assessing the Regulation of the Environmental Risks of Shipping The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-07-23 Aldo Chircop
Abstract The Polar Code adopted by the International Maritime Organization (IMO) has established a new vessel-source pollution prevention standard for Arctic waters, as well as the Antarctic area. The Polar Code consists of mandatory rules and guidance provisions supplementing international rules to address a range of environmental risks posed by ships in polar operations. This article explores the
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Changing Paradigms in the Law of the Sea and the Marine Arctic The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-07-23 Yoshifumi Tanaka
Abstract The existence of a sense of common or community interests is a prerequisite to establishing an order in a society, national or international. In this connection, it is notable that the protection of community interests is increasingly important in international law and the law of the sea is no exception. The increasing need for protecting community interests necessitates a new paradigm in
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Next Generation Environmental Assessment in the Emerging High Seas Regime? An Evaluation of the State of the Negotiations The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-07-20 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
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Post-rescue Innocent Passage by Non-governmental Search and Rescue Vessels in the Mediterranean The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-07-06 Valentin J. Schatz,Marco Fantinato
AbstractThis article analyses the conformity of Italian legislation adopted in 2019 – and its implementation – with the regime of innocent passage in the territorial sea under Part II of the 1982 United Nations Convention on the Law of the Sea with respect to civil rescue vessels returning from rescue operations with rescued persons on board. It first gives a brief overview over the international legal
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Governing Marine Living Resources in the Polar Regions, edited by Nengye Liu, Cassandra M. Brooks and Tianbao Qin The International Journal of Marine and Coastal Law (IF 1.393) Pub Date : 2020-06-02 Erik J. Molenaar