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Millicent McCreath

The marine environment of Southeast Asia is amongst the most ecologically important in the world. A substantial volume of international shipping passes through the region which can have a deleterious effect on the environment due to impacts including operational and accidental discharges, collisions and groundings. Recently Malaysia, Indonesia, Viet Nam and the Philippines have introduced or commenced work towards proposals for special measures to be adopted by the International Maritime Organization (imo) targeting the risks of shipping. These proposed special measures are in the form of “particularly sensitive sea areas” (pssas), and are being developed under a cooperation program between the imo and the Norwegian aid organisation (Norad). This article analyses the pssa proposals currently underway or recently finalised by Malaysia, Indonesia, Viet Nam and the Philippines, and the legal framework for the establishment and implementation of measures for environmental protection under the law of the sea and the imo.

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Singapore

Report of the Conference on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change, Centre for International Law, National University of Singapore, 13–14 March 2018.

Millicent McCreath

Abstract

This article summarises and discusses the main issues addressed at the conference hosted by the Centre for International Law at the National University of Singapore in March 2018 on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change. The conference covered topics including the status and entitlement of offshore features, impacts of sea-level rise on baselines, the content of the LOSC climate change obligations, climate change dispute settlement under the LOSC, and possible ways to develop or adapt the LOSC to address the challenges of climate change.

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Series:

Robert Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun

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High Seas Governance

Gaps and Challenges

Series:

Edited by Robert C. Beckman, Millicent McCreath, J. Ashley Roach and Zhen Sun

High Seas Governance: Gaps and Challenges identifies gaps and challenges to the existing legal regime in the protection and preservation of the marine environment of the high seas, including sensitive marine areas. The gaps identified in the book include the failure of liability and compensation schemes to cover pollution of the high seas and the fact that no state has the responsibility to clean up pollution of the high seas. One common theme of the book is that it is necessary to identify a state other than flag states, port states or coastal states, which should have an obligation to exercise jurisdiction and control over certain activities on the high seas.
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Millicent McCreath and Zoe Scanlon

Abstract

The maritime boundary delimitation decision in the Ghana/Côte d’Ivoire Case is remarkable as the first decision of an ad hoc chamber of the International Tribunal for the Law of the Sea (ITLOS). This article evaluates the advantages of this critically under-examined dispute settlement mechanism, its operation in this case and the consequent prospects for the future use of such chambers. To date, the ad hoc chambers of both ITLOS and the International Court of Justice (ICJ) have rarely been used. Examining their respective procedures, legal frameworks, and performance, this article evaluates the comparative advantages and disadvantages of ITLOS ad hoc chambers vis-à-vis both ad hoc arbitration and the full bench of ITLOS. Although limited conclusions on the prospects for the mechanism’s future use can be drawn from this single decision, in light of the broadly positive outcome, prospective parties may be drawn to the possibilities and potential advantages of the ITLOS ad hoc chamber mechanism in the future.