International courts and tribunals increasingly refer to the importance of the duty to cooperate in the protection and preservation of the marine environment, as in the moxPlant case, Land Reclamation case, Advisory Opinion oniuufishing, and South China Sea Arbitration. How a State can fulfill this duty to cooperate, however, remains unclear. This paper examines the nature and content of the duty to cooperate under the United Nations Convention on the Law of the Sea namely the duty to negotiate or consult in good faith and the duty to cooperate through global, regional or subregional organizations.
This paper examines the potential of the United Nations Convention on the Law of the Sea (UNCLOS) as a living instrument, which is capable of safeguarding human rights in relation to the protection of coastal ecosystems from land-based marine pollution. It discusses how general obligations of States to prevent, reduce and control land-based marine pollution can be linked with rights to life, health and food. It proposes that a human rights perspective may reinforce UNCLOS obligations on the prevention, reduction and control of land-based marine pollution, which are often criticized as vague and aspirational.
This paper discusses the roles and functions of the Japan Coast Guard and Japan Maritime Self-Defense Force in maritime law enforcement. It analyzes practices of Japan’s maritime law enforcement in the prevention and punishment of piracy and armed robbery against ships, illegal, unreported and unregulated fishing, marine pollution, illegal immigration, and drug trafficking. It also examines cases of collaboration among different agencies at the domestic, regional and international levels.