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  • Author or Editor: Yoshinobu Takei x
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In: Filling Regulatory Gaps in High Seas Fisheries
In: Filling Regulatory Gaps in High Seas Fisheries
In: Filling Regulatory Gaps in High Seas Fisheries
In: The Law of the Sea and the Polar Regions
In: What's Wrong with International Law?
Author:

Established in 1996, the Arctic Council has played an essential role in promoting pan- Arctic cooperation on various issues concerning the Arctic. Increasingly, its activities have contributed to the development of international law relating to the Arctic in terms of law-making and implementation. Recent developments make it pertinent to investigate the possibilities and challenges faced by the Arctic Council in developing legally binding instruments and otherwise contributing to the development of international law relating to the Arctic. How has the Council been engaged in activities that contribute to the development of international law? What factors have affected these activities?

This article describes the structure of the Arctic Council and its status under international law; analyzes important developments relating to this issue in the period before the 2009 Ministerial Meeting held in Tromsø, Norway; examines the processes in which two legally binding instruments were negotiated and eventually adopted as well as elements common to these agreements; and discusses Arctic Council processes relevant to the development of international law other than treaty negotiations under its auspices.

In: The Yearbook of Polar Law Online
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Abstract

This chapter aims to dissect the concept of ocean governance. First, it considers how the concept is understood, in particular how it has developed. Second, the presentation highlights how many and how diverse international instruments relevant to ocean governance are and how the relationship between these instruments is conceptualized. Finally, the paper uses the 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs), the UN Ocean Conference and its follow-up processes as an illustrative example that can contribute to the clarification of the concept of ocean governance.

In: Regime Interaction in Ocean Governance
Author:

This article examines what action can be taken against the flag state by other states when the flag state does not comply with the duty with respect to ships flying its flag. The article starts with enumerating actions stipulated in treaties as well as those taken in state practice. It then analyses legal requirements in treaty law and general international law and policy considerations for such actions.

In: Nordic Journal of International Law
Author:

Abstract

A lack of control by flag states over their ships is one of the main causes of the current crisis in oceans management. To address this, the international community has been developing actions against irresponsible flag states in various sectors. However, it is not always clear under what circumstances they are considered to be in breach of their duties. A clarification of this issue will enable the international community to better address this problem by establishing a clear common understanding of what the breach of flag state duties entails. The present article examines this issue by considering the margin of discretion, which is akin to the concept ‘margin of appreciation’ often used in other areas, such as human rights, enjoyed by flag states in discharging their duties and analyzing the circumstances under which acts of private ships lead to the international responsibility of their flag state for their wrongful acts.

In: The International Journal of Marine and Coastal Law