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In: The International Journal of Marine and Coastal Law

Abstract

The introduction of a specialised passage regime for archipelagic sea-lanes was one of the most innovative features to the 1982 Law of the Sea Convention. Article 53(9) of the Convention requires an archipelagic state to refer any proposals for the designation or substitution of sea-lanes or the prescription of traffic separation schemes to the "competent international organisation" with a view to their adoption. In May 1996 at the 67th session of the Marine Safety Committee of the International Maritime Organisation (IMO), the Republic of Indonesia submitted a proposal for the adoption of various sea-lanes and air routes through and over its archipelagic waters. This was the first proposal of its kind. This article traces the progress of this proposal through the IMO procedures and draws some conclusions about the wider significance of this new role for the IMO.

In: The International Journal of Marine and Coastal Law

Abstract

The Southern Ocean’s areas beyond national jurisdiction (abnj) are uncommon in a number of ways. This article first discusses features of the Southern Ocean’s uncommonness that may be relevant to the relationship between the Antarctic Treaty System (ats) and the development of the international legally binding instrument on the conservation and sustainable use of marine biological diversity of abnj under United Nations General Assembly Resolution 69/292 (ilbi). Second, the article considers the potential relationship between the ilbi and the ats. Third, the article discusses the current approach of the ats to governance of the Southern Ocean’s abnj by focusing on two particular topics which are to be included in the development of the ilbi. The topics discussed are measures (such as area-based management, including marine protected areas) and marine genetic resources.

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In: The International Journal of Marine and Coastal Law

Abstract

In 2002 the European Union commenced significant reforms to the Common Fisheries Policy (CFP) which included introduction of a new control and enforcement system. In 2007, the new Community Fisheries Control Agency (CFCA) undertook its first work programme. The establishment of the CFCA was considered to be the final part of the CFP reforms commenced in 2002. This paper examines the course of the 2002 reforms in relation to fisheries control and enforcement in European Community waters, particularly issues concerning non-flag enforcement, and considers whether there has been a shift towards greater reliance on non-flag enforcement measures. The paper examines the two major innovations of the 2002 control and enforcement system, namely: regional cooperation and coordination and the establishment of the CFCA. The paper also examines developments in the European Commission's and Member States' respective roles in relation to control and enforcement. Finally, the paper considers the focus of the 2002 control and enforcement system on technical management tools for the achievement of more effective control and management of fisheries.

In: The International Journal of Marine and Coastal Law

Abstract

Article 76 of the United Nations Convention on the Law of the Sea (LOS Convention) requires a coastal State to submit information on the limits of its continental shelf beyond 200 nautical miles to the Commission on the Limits of the Continental Shelf (CLCS). The Commission shall make recommendations to the coastal State on matters related to the establishment of the outer limits of the continental shelf. In a case where the coastal State establishes the outer limits on the basis of these recommendations, they are final and binding. However, Article 76(10) provides that the "The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts". The relationship between Article 76 and the delimitation of the continental shelf between neighboring States and other "unresolved land or maritime disputes" has been addressed by the CLCS in its Rules of Procedure. The present article analyzes the significance of Article 76(10) for submissions to the CLCS, looking at the Rules of Procedure of the Commission and the submissions that have been made to the Commission to date.

In: The International Journal of Marine and Coastal Law