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  • Author or Editor: Yoshifumi Tanaka x
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In: Sustainable Ocean Resource Governance

Abstract

The aim of this Agora contribution is to examine the role of conciliation in maritime delimitation by analysing the Timor-Leste/Australia conciliation. First, this contribution addresses the applicability of the compulsory conciliation procedures to the Timor Sea dispute. It then considers the role of the Timor-Leste/Australia Conciliation Commission in maritime delimitation and in resource governance, respectively. Next, it examines role of conciliation in maritime delimitation by comparing the Timor-Leste/Australia conciliation to the Iceland/Jan Mayen conciliation. Finally, it reveals that the Timor-Leste/Australia Conciliation Commission significantly influenced the establishment of maritime boundaries in the Timor Sea.

In: The Australian Year Book of International Law Online

Abstract

Traditionally, international law of the sea has been based on the zonal approach. The traditional approach purports in essence to divide the ocean into several jurisdictional spaces on the basis of two opposing principles, namely, the principle of sovereignty and the principle of freedom. It is now apparent, however, that the traditional zonal approach is insufficient to resolve the problems encountered in the management of ocean space. Hence, the need for a new integrated management approach is increasingly emphasised in international instruments as well as in the opinions of writers. Nevertheless, it appears that the concept of the integrated management approach remains obscure in international law. Thus, this study purports to examine this concept at three levels: the ecological, normative and implementation levels. Finally, on the basis of these considerations, this study will present a perspective that the international law of the sea should be considered as a dialectic legal system between the zonal approach and the integrated management approach.

In: The International Journal of Marine and Coastal Law

Abstract

The Annex vii Arbitral Tribunal, in its arbitral award of 12 July 2016, ruled that China’s claims to historic rights with respect to the maritime areas of the South China Sea encompassed by the “nine-dash line” are contrary to the un Convention on the Law of the Sea. To support this conclusion, the Tribunal undertook detailed review with regard to the concept of historic rights and the relationship between China’s claimed historic rights and the Convention. The temporal or historical element can be regarded as a key element to establish historic rights. However, the Tribunal took an approach that minimises the role of the temporary element when examining the legality of China’s claimed historic rights. The Tribunal’s view provides an important insight into the concept of historic rights in the international law of the sea.

In: The International Journal of Marine and Coastal Law

Abstract

An environmental impact assessment (eia) can have a valuable role in effectuating substantive rules of international law of the environment, such as the obligation of due diligence and the precautionary approach. Thus this article seeks to examine the interlink between an obligation to perform an eia, the obligation of due diligence, and the precautionary approach, focusing on temporal elements of international law of the environment. First, this article examines the interlink between an obligation to conduct an eia and the obligation of due diligence. Second, this article addresses the interlink between an obligation to conduct an eia and the precautionary approach. Third, the timing of triggering the obligation to conduct an eia must be considered. Finally, this article examines the issues of breach of the obligation to conduct an eia, before offering conclusions.

In: Nordic Journal of International Law

Abstract

In the Costa Rica v. Nicaragua judgment of 2 February 2018, the International Court of Justice (icj), for the first time in its jurisprudence, explicitly accepted the compensability of environmental damage. Nonetheless, the valuation of environmental damage is less easy. Since conditions concerning the environment and its natural resources may change with the passage of time, there is a need to take the dynamics and variability of the environment into account in the valuation of environmental damage. In this regard, considerations of temporal elements, including the time necessary for recovery of the environment and ecosystem, are key. Thus this article aims to consider the issues of the valuation of environmental damage in the Costa Rica v. Nicaragua Compensation case focusing particularly on temporal elements. In particular, this article critically analyses the icj’s methodology for the valuation of environmental damage. This article also examines the issues of climate change and use of experts in the valuation of environmental damage.

In: Nordic Journal of International Law
In: Ocean Yearbook Online