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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.
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
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.

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
In: Ocean Yearbook Online