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Abstract

The overall resilience of the Convention – its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time – is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks in flexibility and plasticity; in measured doses they promote resilience, while if taken too far they can erode confidence and support in the regime. Ultimately, such resilience rests on the good faith of States and other relevant actors in pursuing common ground in regulating a common space.

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

Abstract

The International Maritime Organization (IMO) 2023 Strategy on Reduction of GHG Emission from Ships offers few specifics from a legal perspective, but is an important political signal. IMO Member States have committed to adopt binding rules to incentivise greenhouse gas emission reductions in 2025 which will enter into force by 2027. Moreover, the Strategy calls for the elimination of shipping emissions by or around 2050 and sets checkpoints to track progress. IMO now faces key decisions to implement the Strategy, including how to structure a goal-based fuel standard, how to integrate an economic element (e.g., an emission levy) into its regulatory framework, its methods for assessing upstream emissions and effects of fuel production, and specific reduction pathways. These measures will likely be effectuated as amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, leveraging its existing compliance and enforcement tools, including port State controls.

In: The International Journal of Marine and Coastal Law
In: The South China Sea Dispute as International Law and Politics
In: The South China Sea Dispute as International Law and Politics
In: The South China Sea Dispute as International Law and Politics

Abstract

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.

Open Access
In: The International Journal of Marine and Coastal Law
Free access
In: The International Journal of Marine and Coastal Law
In: The International Journal of Marine and Coastal Law
Author:

Abstract

A commercial Maritime Autonomous Surface Ship (mass) can be subject to external security threats such as piracy, robbery and cyber-hacking. What measures can the flag State and the coastal State, which would have jurisdiction over the incident, and the shipping companies take to prevent such attacks? This paper discusses the regulatory structure of the mass and examines its limits in dealing with these threats. Its primary focus is the threats to mass controlled by a remote operations centre (roc). Section 2 of this paper will explore possible scenarios to determine which States would hold jurisdiction over the case. Then, Section 3 will discuss the responsibilities of relevant States, with a focus on that of the flag State. Section 4 will undertake an examination of the obligations of the roc as well as other responsibilities pertinent to the industries involved. The concluding section will encompass the prospective pathways for utilising mass in commercial shipping.

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