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Author: Yurika Ishii
Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea is the first title to provide a comprehensive and detailed analysis on these themes in English, examines Japan’s domestic laws and its approach to international law. The topics covered include Japan’s claim over its maritime entitlement, policies on the use of force at sea, and the mandates of the Self-Defense Force and the Japan Coast Guard to use coercive measures in maritime zones and airspace, both in peacetime and in times of emergency.
Legal Solutions to Coexistence and Cooperation in Disputed Areas
Author: Xuechan Ma
In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.
The ITLOS Yearbook 2020 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2020, in particular concerning Case No. 28. The Yearbook is prepared by the Registry of the Tribunal.

Le TIDM Annuaire 2020 fournit des informations essentielles concernant la composition, la compétence, la procédure et l’organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l’année 2020, en particulier en ce qui concerne l’affaire no. 28. L’ Annuaire est rédigé par le Greffe du Tribunal.
Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice
Author: Xiangxin Xu
The contractors are those private or state-owned companies that carry out exploration and exploitation activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyzes the sponsoring State’s primary responsibility, i.e., ensuring its sponsored contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.
In this book James Nafziger covers emerging topics of cultural heritage law, particularly at the international level, by focusing primarily on the numerous work products of the International Law Association's Committee on Cultural Heritage Law. Cultural heritage law has become a landmark in the field of international law. Its construction is a good example of transnationalism at work, combining legislation, judicial decisions, and other national initiatives, diplomacy, intergovernmental agreements, especially within the framework of UNESCO, and non-governmental activities and instruments. This volume focuses on the seminal contributions to this process of the Committee on Cultural Heritage Law of the International Law Association, while situating these projects against the broader background of the development of the modern international regime for protecting cultural heritage.
The Center for Oceans Law and Policy series examines the most important aspects of oceans law and policy and is published under the auspices of the Center for Oceans Law and Policy at the University of Virginia. Supporting research, education, and discussion on legal and public policy issues relating to the oceans, the Center is among the leading institutes in the field and promotes interdisciplinary interaction at all levels, addressing international, national, regional, and state issues.
The electronic version of the Publications on Ocean Development series.

This wide-ranging series aims to provide expert insights into the most fundamental and most topical aspects of the law of the sea, covering issues such as the nature and implications of legal institutions and the jurisprudence concerning the law of the sea, maritime delimitation, and regional and global developments. Practitioners and academics, political actors and international lawyers alike will benefit from these studies.
This bilingual (English and French) series of annual publications reproduces the texts of the Tribunal's decisions. The series started with ITLOS Reports 1997.

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.
The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons).
The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.

Le Tribunal international du droit de la mer est un organe judiciaire indépendant créé par la Convention des Nations Unies sur le droit de la mer pour connaître des différends relatifs à l'interprétation et l'application de la Convention.
Le Tribunal est ouvert aux Etats Parties à la Convention et, dans certains cas, à des entités autres que les Etats Parties (telles que des organisations internationales et des personnes physiques et morales).
La compétence du Tribunal s'étend à tous les différends qui lui sont soumis conformément à la Convention. Elle s'étend également à toutes les matières expressément prévues dans tout autre accord conférant compétence au Tribunal.

The series published an average of one volume per year over the last 5 years.

Editors-in-Chief: Gudmundur Alfredsson and Timo Koivurova
Studies in Polar Law publishes monographs and collected works devoted to the legal regimes applicable to the Arctic and the Antarctic. It explores the problems faced by these regions and the solutions proposed on issues such as the environment, sovereignty, dispute resolution, climate change, the rights of indigenous peoples, other human rights, good governance, wildlife, natural resources governance, law of the sea, land and resource claims in the Polar regions, self-determination and self-government, economic development, Arctic security, and the Arctic Council, the Antarctic treaty system and other relevant intergovernmental co-operation.

Abstract

This 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 associated. Then, legal opinions and the conclusions of the Working Group (created to discuss the implementation of Article 82 in Brazil) are examined. Lastly, the tender protocol and the draft concession agreement for the ongoing bidding round – which includes blocks on the outer continental shelf – are considered. The article argues that the conclusions of the Working Group and core provisions of the relevant documents may compromise the proper implementation of Article 82 and impact the future relationship between Brazil and the International Seabed Authority.

In: The International Journal of Marine and Coastal Law

Abstract

In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.

In: The International Journal of Marine and Coastal Law
Author: 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 for exploitation activities is pending, the Council must nonetheless consider it, but it is unclear on what basis such an application would need to be evaluated and what the nature and effects of a provisional approval are. In order to assess the precise impact and aftermath of invoking the ‘two year rule’, this short article explores the different legal interpretations and provides thoughts on the way forward.

In: The International Journal of Marine and Coastal Law
In: Ocean Yearbook Online