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In: Governance of Arctic Shipping
In: The Law of the Sea and the Polar Regions
In: Recasting Transboundary Fisheries Management Arrangements in Light of Sustainability Principles
In: Challenges of the Changing Arctic
In: Jurisdiction over Ships

Abstract

This Chapter is devoted to issues relating to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and its negotiation that are of key importance to international fisheries law. It provides an overview of the Arctic Five and Five-plus-Five processes that culminated in the Agreement, as well as the Agreement’s institutional set-up and setting. These negotiation processes were confronted with a unique scenario in international fisheries law: they were in a position to collectively determine the conditions under which a future high seas fishery would be allowed to commence. The final package deal that led to the successful conclusion of the Five-plus-Five process was not only driven by the fundamentally different central Arctic Ocean fisheries interests of the Arctic Five on the one hand, and those of the Other Five on the other hand, but also by their broader interests in the domains of international fisheries law, the international law of the sea and the international law relating to the Arctic. Other key features of the Five-plus-Five process that are examined in detail are its exploratory phase, the stepwise approach and the evolving nature of the Agreement.

In: New Knowledge and Changing Circumstances in the Law of the Sea

Abstract

The interrelated notions of adjacency and creeping coastal State jurisdiction have been a key driver in the historical development of the international law of the sea. Although the United Nations Convention on the Law of the Sea (LOSC) managed to bring an end to unilateral coastal State claims to new and broader maritime zones, creeping coastal State jurisdiction per se continued, both unilaterally and multilaterally. This article focuses on so-called multilateral creeping coastal State jurisdiction – which originates predominantly from intergovernmental bodies – and in particular on the role of this phenomenon in the currently ongoing negotiations on an agreement on marine biodiversity beyond national jurisdiction under the LOSC (BBNJ Agreement). The article contains a detailed analysis of the relevant provisions in the draft BBNJ Agreement of 18 November 2019 and subsequent text proposals by delegations, in light of the historical development of the law of the sea.

Open Access
In: The International Journal of Marine and Coastal Law
States and entrepreneurs are becoming increasingly interested in the economic potential of ocean areas beyond the national jurisdiction of coastal States, namely the high seas and the Area. This has led to growing support within the international community to enhance the international legal regime for those areas, among other things to protect and preserve the environment and biodiversity. However, the current debate in international fora indicates that States have widely different interpretations on key aspects of this regime. For instance, what implications do the principles contained in the United Nations Convention on the Law of the Sea have for the governance and regulation of these areas, how is access to natural resources best regulated, how are benefits derived from these areas to be distributed and which specific institutional frameworks should be employed in the management of areas beyond national jurisdiction?
This work intends to contribute to a better understanding of the international law aspects of the ongoing debate on current and future international governance and regulation of areas beyond national jurisdiction. To this end four specific topics are examined: principles and objectives of the legal regime; institutional arrangements for the legal regime; entitlements to marine living resources; and compliance with international regulations.
In: The International Legal Regime of Areas beyond National Jurisdiction