Browse results

Abstract

This 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 regime applicable to search and rescue (SAR) operations. Next, the article introduces Italian legislation adopted in 2019, which establishes a legal basis for administrative orders prohibiting ships the entry into, transit through, and stopping in Italy’s territorial sea. In a third step, the article shows how the new Italian legislation has so far been implemented vis-à-vis SAR vessels of non-governmental organizations in post-rescue situations. This is followed by an analysis of the conformity of the Italian legislation and its implementation with the regime of innocent passage.

In: The International Journal of Marine and Coastal Law
In: The International Journal of Marine and Coastal Law

Over the past few years, Canada has achieved significant progress in its efforts to meet its international and domestic commitments to area-based marine protection. It has now extended protections, in some form, to almost eight per cent of its coastal and ocean waters. However, critical issues remain concerning implementation. This article describes and critically analyses Canada’s progress on area-based marine protection in view of international principles, standards, and criteria. It provides an overview of the broader jurisdictional, legislative, and policy framework for area-based marine protection, before outlining the key federal legislative schemes that form Canada’s marine protected areas (mpas) network. It also discusses provincial (subnational) area-based marine protection, as well as new initiatives to establish offshore Indigenous protected and conserved areas, and highlights cooperative arrangements made with other states. Finally, it provides some future outlooks for area-based marine protection in Canada.

In: Asia-Pacific Journal of Ocean Law and Policy

The Philippines has had a long history of using marine protected areas (mpas) to achieve fishery and biodiversity conservation goals. mpas are “clearly defined geographical spaces, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” Within the scope of these definitions, Philippine mpas have taken the form of “no-take” marine sanctuaries, marine reserves where both extractive and non-extractive activities are allowed but regulated, and marine parks and protected seascapes, where various uses are relegated to defined zones. Interestingly, the country was able to develop a unique legal framework that took into consideration both national and local contexts for marine environmental governance. This article thus aims to shed some light on the Philippine experience, emphasizing the various issues and concerns caused by the unique regulatory and governance set up of the country’s mpas.

In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy

The definition of large-scale marine protected areas in the Pacific Ocean is fundamental to the achievement of global marine conservation targets. The threatened nature of the global ocean is emphasised, the evolution of global spatial targets for marine conservation outlined and the implementation of large-scale marine protected areas in Australia and the Pacific Ocean more broadly is reviewed. The article concludes with some reflections on the efficacy of such mechanisms in the Pacific.

In: Asia-Pacific Journal of Ocean Law and Policy
Author: Chie Kojima

This paper aims to explain how Japanese MPAs are established, managed, and implemented based on different laws. It introduces the definition of MPAs adopted within the governmental agencies and the relevant policy documents that describe the government's intention to expand MPAs in Japan. It then discusses the first and second largest types of MPAs in Japan, which represent centralized and community-based types of MPAs, respectively. It also touches upon the 2019 amendment to Japan’s Nature Conservation Act, which enables the government to designate MPAs in the offshore seabed area to protect its ecosystems.

In: Asia-Pacific Journal of Ocean Law and Policy
Author: Joanna Mossop

New Zealand’s maritime zones cover a very large area. This article explores the extent to which these maritime zones are protected through marine protected areas and area-based management. There are several different types of protection in New Zealand waters, from marine reserves that prohibit fishing to marine mammal sanctuaries and benthic protection zones. Māori play an important role in the establishment and management of many of these areas. However, in general the legislation that addresses marine protection is disjointed and there are important gaps in coverage. Attempts to reform the legislation have not yet succeeded.

In: Asia-Pacific Journal of Ocean Law and Policy