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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
Devoted to assessing the state of ocean and coastal governance, knowledge, and management, the Ocean Yearbook provides information in one convenient resource.

As in previous editions, articles provide multidisciplinary expert perspectives on contemporary issues. Each new volume draws on policy studies, international relations, international and comparative law, management, marine sciences, economics, and social sciences. Each volume contains key recent legal and policy instruments.

The Yearbook is a collaborative initiative of the International Ocean Institute ( www.ioinst.org) in Malta and the Marine & Environmental Law Institute ( www.dal.ca/law/MELAW) at the Schulich School of Law, Dalhousie University, Halifax, Canada.

The Yearbook is now available online. Learn more about the electronic product here.
The Examples of Scrubber Washwater, Sewage and Ballast Water
Author: Robin Churchill

Abstract

This 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.

In: The International Journal of Marine and Coastal Law

Abstract

This study analyzes the legal requirements concerning discharges from ships, a matter that is characterized by a considerable degree of complexity. This complexity results, inter alia, from the highly technical nature of the applicable norms, but also from the fact that the relevant rules and principles are prescribed in a wide and often overlapping variety of instruments on different levels of law, namely public international law, European Union law (where applicable) and domestic law. Taking into account that the individual legal instruments within these sub-systems of law significantly differ in their spatial and substantive scopes and regulatory approaches, a risk of conflicts of norms exists both from a vertical (i.e., between different levels of law) and horizontal (i.e., between different instruments on the same level of law) perspective. This situation gives rise to legal uncertainties, which may ultimately threaten the lawful and effective application and implementation of the relevant norms. This study attempts to clarify the existing uncertainties and to suggest harmonized interpretations and applications of the pertinent rules and principles. It does not address the issue of pollution from ships in general, but focuses on three specific categories of vessel discharges, namely scrubber washwater, sewage and ballast water.

In: Brill Research Perspectives in the Law of the Sea
Illegal, unreported and unregulated (IUU) fishing is a widely used designation for a broad range of fishing practices with a common theme: whether illegal or not, they cause damage to marine fish stocks and the human communities that depend on them. Yet, when subjected to thorough analysis, this pragmatic governance tool is revealed in a light that calls for caution against uncritical application. Unwrapping its uneasy relationship with international law, this study is ultimately a qualified defence of the IUU fishing paradigm, but also a practical proposal for its reform. This original book makes a genuine contribution to the international fisheries law and policy literature.
Author: 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 improving the PSSA regime. This article first examines the law and practice of PSSAs and discusses the shortcomings of the 2005 Guidelines. It then explores how politicisation outside and inside the IMO has aggravated the institutional weaknesses of the PSSA regime in three aspects: the relationships between Associated Protective Measures (APMs) and existing navigational measures; the links between the ecosystems and PSSAs; and the lack of stringent APMs.

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

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 crimes at sea. The use of MAV for criminal purposes, especially smuggling goods, also holds international law consequences. The article assesses how these different operations of MAV fit within existing legal regimes, highlighting emerging legal questions for resolution and setting out recommendations for law reform to enhance counter-smuggling operations at sea.

In: The International Journal of Marine and Coastal Law
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 24 covers 2019 and features contributions from the conference ’50 Years Vienna Convention on the Law of Treaties (VCLT)’
Author: Shihui Cheng

Abstract

The safety of offshore oil and gas facilities is a deep concern in relation to the security of China’s fossil energy supply. At present, there are a series of international law protection systems with the offshore facility safety zone system as the core. Most of world’s major maritime countries have established offshore oil and gas facilities protection systems in the form of domestic legislation in accordance with relevant international law, and some of them have adopted measures expanding the scope of their safety zones to strengthen protection. However, there remain some defects in the existing international law system. Therefore, the Chinese government needs to promptly clarify its position on issues related to the offshore facilities safety zone system, and propose the formulation of a specialised convention.

In: The International Journal of Marine and Coastal Law

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 conservation measures to protect sedentary species from harmful fishing practices. The article also explores how the competing rights of coastal and flag States, as well rights of coastal States with overlapping ECS entitlements, should be balanced in case of the imposition of unilateral conservation measures.

In: The International Journal of Marine and Coastal Law

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 conservation measures to protect sedentary species from harmful fishing practices. The article also explores how the competing rights of coastal and flag States, as well rights of coastal States with overlapping ECS entitlements, should be balanced in case of the imposition of unilateral conservation measures.

In: The International Journal of Marine and Coastal Law

Abstract

In order to engage in deep sea mining activities on the international seabed (otherwise known as ‘the Area’), non-State actors must be sponsored by a State, which bears the responsibility to ensure that the sponsored entity complies with the applicable rules. Not only the State of nationality, but also the State which exercises ‘effective control’ might be required to serve as a sponsoring State, depending on the circumstances. However, it is not completely clear how ‘effective control’ should be interpreted. Forum shopping seems a realistic possibility, and the recent trend of partnerships between private deep sea mining companies and developing States can produce similar effects. These collaborations might be beneficial to both parties, but given the privileges awarded to developing States, it should be scrutinised as to whether such partnerships undermine the principle of the common heritage of mankind and the objective to realise benefits for mankind as a whole.

In: The International Journal of Marine and Coastal Law

Abstract

In order to engage in deep sea mining activities on the international seabed (otherwise known as ‘the Area’), non-State actors must be sponsored by a State, which bears the responsibility to ensure that the sponsored entity complies with the applicable rules. Not only the State of nationality, but also the State which exercises ‘effective control’ might be required to serve as a sponsoring State, depending on the circumstances. However, it is not completely clear how ‘effective control’ should be interpreted. Forum shopping seems a realistic possibility, and the recent trend of partnerships between private deep sea mining companies and developing States can produce similar effects. These collaborations might be beneficial to both parties, but given the privileges awarded to developing States, it should be scrutinised as to whether such partnerships undermine the principle of the common heritage of mankind and the objective to realise benefits for mankind as a whole.