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Editor: Tomas Heidar
This volume contains the decisions rendered by the Tribunal in the years 2018 and 2019 in English and French: A procedural Order and the Judgment issued in M/V “Norstar”; Orders prescribing provisional measures in the Detention of three Ukrainian naval vessels and M/T “San Padre Pio”; and two procedural Orders issued in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean.

Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.


This article analyses the conformity of Italian legislation adopted in 2019 – and its implementation – with the regime of innocent passage in the territorial sea under Part II of the 1982 United Nations Convention on the Law of the Sea with respect to civil rescue vessels returning from rescue operations with rescued persons on board. It first gives a brief overview over the international legal regime applicable to search and rescue (SAR) operations. Next, the article introduces Italian legislation adopted in 2019, which establishes a legal basis for administrative orders prohibiting ships the entry into, transit through, and stopping in Italy’s territorial sea. In a third step, the article shows how the new Italian legislation has so far been implemented vis-à-vis SAR vessels of non-governmental organizations in post-rescue situations. This is followed by an analysis of the conformity of the Italian legislation and its implementation with the regime of innocent passage.

In: The International Journal of Marine and Coastal Law
In: The International Journal of Marine and Coastal Law
Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management.

Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.

Over the past few years, Canada has achieved significant progress in its efforts to meet its international and domestic commitments to area-based marine protection. It has now extended protections, in some form, to almost eight per cent of its coastal and ocean waters. However, critical issues remain concerning implementation. This article describes and critically analyses Canada’s progress on area-based marine protection in view of international principles, standards, and criteria. It provides an overview of the broader jurisdictional, legislative, and policy framework for area-based marine protection, before outlining the key federal legislative schemes that form Canada’s marine protected areas (mpas) network. It also discusses provincial (subnational) area-based marine protection, as well as new initiatives to establish offshore Indigenous protected and conserved areas, and highlights cooperative arrangements made with other states. Finally, it provides some future outlooks for area-based marine protection in Canada.

In: Asia-Pacific Journal of Ocean Law and Policy

The Philippines has had a long history of using marine protected areas (mpas) to achieve fishery and biodiversity conservation goals. mpas are “clearly defined geographical spaces, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” Within the scope of these definitions, Philippine mpas have taken the form of “no-take” marine sanctuaries, marine reserves where both extractive and non-extractive activities are allowed but regulated, and marine parks and protected seascapes, where various uses are relegated to defined zones. Interestingly, the country was able to develop a unique legal framework that took into consideration both national and local contexts for marine environmental governance. This article thus aims to shed some light on the Philippine experience, emphasizing the various issues and concerns caused by the unique regulatory and governance set up of the country’s mpas.

In: Asia-Pacific Journal of Ocean Law and Policy
In: Asia-Pacific Journal of Ocean Law and Policy