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The International Journal of Marine and Coastal Law最新文献

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The International Maritime Organization’s Revised Greenhouse Gas Strategy: A Political Signal of Shipping’s Regulatory Future 国际海事组织修订的温室气体战略：航运监管未来的政治信号
The International Journal of Marine and Coastal Law Pub Date : 2024-03-27 DOI: 10.1163/15718085-bja10162
Andrew Friedman
{"title":"The International Maritime Organization’s Revised Greenhouse Gas Strategy: A Political Signal of Shipping’s Regulatory Future","authors":"Andrew Friedman","doi":"10.1163/15718085-bja10162","DOIUrl":"https://doi.org/10.1163/15718085-bja10162","url":null,"abstract":"\u0000The International Maritime Organization (IMO) 2023 Strategy on Reduction of GHG Emission from Ships offers few specifics from a legal perspective, but is an important political signal. IMO Member States have committed to adopt binding rules to incentivise greenhouse gas emission reductions in 2025 which will enter into force by 2027. Moreover, the Strategy calls for the elimination of shipping emissions by or around 2050 and sets checkpoints to track progress. IMO now faces key decisions to implement the Strategy, including how to structure a goal-based fuel standard, how to integrate an economic element (e.g., an emission levy) into its regulatory framework, its methods for assessing upstream emissions and effects of fuel production, and specific reduction pathways. These measures will likely be effectuated as amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, leveraging its existing compliance and enforcement tools, including port State controls.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"97 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140377479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Maritime Pilotage from the Perspective of the International Law of the Sea 从国际海洋法的角度看海上领航
The International Journal of Marine and Coastal Law Pub Date : 2023-12-05 DOI: 10.1163/15718085-bja10159
Peter Ehlers
{"title":"Maritime Pilotage from the Perspective of the International Law of the Sea","authors":"Peter Ehlers","doi":"10.1163/15718085-bja10159","DOIUrl":"https://doi.org/10.1163/15718085-bja10159","url":null,"abstract":"\u0000Matters concerning maritime pilotage have only been dealt with in a few individual points in international maritime law, as pilotage services generally are regulated in the respective territorial waters in accordance with national law. However, especially in view of the possible further expansion of use of deep-sea pilots, it seems worthwhile taking a closer look at the obligations and powers under international law to provide pilotage services. This applies in particular to the establishment of compulsory pilotage and its limitation by the freedom of navigation rights under international law in the various maritime zones. Considerable legal ambiguities become apparent in this context. Hence there are arguments in favour of explicitly regulating maritime pilotage by including it in the provisions on maritime services in Chapter V of the Annex to the International Convention for the Safety of Life at Sea.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"126 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138599024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Can and Should an International Court or Tribunal Define the Term ‘Marine Scientific Research’ under the United Nations Convention on the Law of the Sea 国际法院或法庭能否以及是否应根据《联合国海洋法公约》定义 "海洋科学研究 "一词
The International Journal of Marine and Coastal Law Pub Date : 2023-11-15 DOI: 10.1163/15718085-bja10156
Chuxiao Yu
{"title":"Can and Should an International Court or Tribunal Define the Term ‘Marine Scientific Research’ under the United Nations Convention on the Law of the Sea","authors":"Chuxiao Yu","doi":"10.1163/15718085-bja10156","DOIUrl":"https://doi.org/10.1163/15718085-bja10156","url":null,"abstract":"The term ‘marine scientific research’ (MSR) is included in the United Nations Convention on the Law of the Sea without a definition. An examination of relevant drafting history reveals that the drafters of the Convention intentionally omitted the definition since they could not reach an agreement on this matter and had to leave it open for future development. Under Article 251 of the Convention, States shall seek to resolve the ambiguity surrounding the term MSR through competent international organisations. In terms of the legal clarification when the law is ambiguous, the role of international courts and tribunals cannot be overlooked. This article assesses the extent to which international judicial organs help to clarify the meaning of the term MSR by examining whether an international court or tribunal can or should define this term. It concludes that an international judicial organ should not define the term MSR in a general sense.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"64 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139271063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment 制定一项关于塑料污染（包括海洋环境）的具有法律约束力的国际文书政府间谈判委员会第二届会议
The International Journal of Marine and Coastal Law Pub Date : 2023-11-13 DOI: 10.1163/15718085-bja10153
Aleke Stöfen-O’Brien
{"title":"The Second Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including the Marine Environment","authors":"Aleke Stöfen-O’Brien","doi":"10.1163/15718085-bja10153","DOIUrl":"https://doi.org/10.1163/15718085-bja10153","url":null,"abstract":"In June 2023, the second session of the Intergovernmental Negotiating Committee (INC) to develop an international legally binding instrument on plastic pollution, including the marine environment concluded. It provided an opportunity to gauge the progress made by States and other stakeholders towards agreeing on the potential objective and treaty architecture of a future plastics treaty which is planned to be agreed upon by the end of 2024. This brief intervention outlines the developments made, as well as potential contentious issues that have arisen in relation to procedural and substantive aspects of the negotiations. It also reflects on key highlights.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"40 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139278057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC 诱人的岛屿:《国际海洋法公约》第121条文本解读的启示
The International Journal of Marine and Coastal Law Pub Date : 2023-11-09 DOI: 10.1163/15718085-bja10149
Eduardo Gracias Baptista
{"title":"The Tantalising Islands: Insights from a Textualist Interpretation of Article 121 of the LOSC","authors":"Eduardo Gracias Baptista","doi":"10.1163/15718085-bja10149","DOIUrl":"https://doi.org/10.1163/15718085-bja10149","url":null,"abstract":"Abstract Article 121 of the United Nations Convention on the Law of the Sea continues to generate vigorous debate amongst interpreters. The aim of this article is to contribute to this prevailing debate by providing a systematic analysis of the provision, and a novel logical-mathematical interpretation of Article 121(3). Through these elements, it adds a textualist analysis of Article 121 to the toolbox of interpreters. An approach of this kind sheds light on the conceptual underpinning of the provision, and on the definition and demarcation of the different types of features regulated therein.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":" 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135291443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases 欧洲法院对民用搜救船的港口国控制:海上观察案件
The International Journal of Marine and Coastal Law Pub Date : 2023-11-08 DOI: 10.1163/15718085-bja10158
Valentin Schatz, Sara Wissmann
{"title":"Port State Control of Civilian Search and Rescue Vessels before the European Court of Justice: The Sea Watch Cases","authors":"Valentin Schatz, Sara Wissmann","doi":"10.1163/15718085-bja10158","DOIUrl":"https://doi.org/10.1163/15718085-bja10158","url":null,"abstract":"Abstract On 1 August 2022, the Grand Chamber of the European Court of Justice ( ECJ ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control ( PSC Directive). The ECJ ’s judgment is the first to comprehensively address and clarify the legal framework governing the European Union’s system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"6 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Law of the Sea in Past Scholarship 过去学术研究中的海洋法
The International Journal of Marine and Coastal Law Pub Date : 2023-11-08 DOI: 10.1163/15718085-bja10144
Irini Papanicolopulu
{"title":"The Law of the Sea in Past Scholarship","authors":"Irini Papanicolopulu","doi":"10.1163/15718085-bja10144","DOIUrl":"https://doi.org/10.1163/15718085-bja10144","url":null,"abstract":"Abstract The law of the sea is currently understood as a distinct field of international law that came into existence together with (modern) international law. Has this always been so? How did past international lawyers understand what we call today ‘the law of the sea’? Were they aware of the fact that this was a separate legal regime? And when did modern conceptions of the law of the sea emerge? This article examines past scholarship, from the sixteenth to the beginning of the twentieth century, in order to identify how law of the sea was conceived in past scholarship and how this conception links to our current understanding of the field.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"16 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Frontiers in International Environmental Law: Oceans and Climate Challenges: Essays in Honour of David Freestone, edited by Richard Barnes and Ronán Long 国际环境法前沿:海洋与气候挑战:纪念大卫·弗雷斯通的论文，由理查德·巴恩斯和Ronán Long编辑
The International Journal of Marine and Coastal Law Pub Date : 2023-11-06 DOI: 10.1163/15718085-bja10155
Snjólaug Árnadóttir
{"title":"Frontiers in International Environmental Law: Oceans and Climate Challenges: Essays in Honour of David Freestone, edited by Richard Barnes and Ronán Long","authors":"Snjólaug Árnadóttir","doi":"10.1163/15718085-bja10155","DOIUrl":"https://doi.org/10.1163/15718085-bja10155","url":null,"abstract":"","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"39 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135680076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
State Obligation in the East China Sea: Unilateral Activities and Countermeasures 东海的国家义务:单方面活动与反制
The International Journal of Marine and Coastal Law Pub Date : 2023-11-06 DOI: 10.1163/15718085-bja10157
Tingting Ni, Junghwan Choi, Jiancuo Qi
{"title":"State Obligation in the East China Sea: Unilateral Activities and Countermeasures","authors":"Tingting Ni, Junghwan Choi, Jiancuo Qi","doi":"10.1163/15718085-bja10157","DOIUrl":"https://doi.org/10.1163/15718085-bja10157","url":null,"abstract":"Abstract Maritime disputes among the East Asian States have garnered increasing attention worldwide with expanding offshore activities in the East China Sea. To avoid confrontation and potential conflict, unilateral maritime claims in the East China Sea usually have been non-explicit. While maritime boundary disputes remain unresolved in the region, changes have taken place because of resource shortages, the rise in military assertiveness from Tokyo, and increased alliances with the United States. This article explores the limits of unilateral activities within the disputed maritime area under current international law and how East Asian States should behave when they encounter unilateral activities conducted by other States, including analysis on sovereign entitlement and the limits of unilateral activities in the region. A code of conduct among the East Asian States is needed to ensure peace and prosperity in the region.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"40 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135680490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Legal Framework for Artificial Energy Islands in the Northern Seas 北海人工能源岛的法律框架
The International Journal of Marine and Coastal Law Pub Date : 2023-10-30 DOI: 10.1163/15718085-bja10151
Ceciel Nieuwenhout, Liv Malin Andreasson
{"title":"The Legal Framework for Artificial Energy Islands in the Northern Seas","authors":"Ceciel Nieuwenhout, Liv Malin Andreasson","doi":"10.1163/15718085-bja10151","DOIUrl":"https://doi.org/10.1163/15718085-bja10151","url":null,"abstract":"Abstract Belgium, Denmark and the Netherlands have announced their interest in constructing artificial ‘energy islands’ to enable the integration of large-scale offshore wind energy into the energy system. This raises several legal questions, such as how do these developments fit in the balance of interests required by the United Nations Convention on the Law of the Sea, what European Union law is applicable to artificial islands and how Belgium, Denmark and the Netherlands approach the construction of artificial islands. This article provides a comprehensive overview of the applicable legal framework and shows the variety of approaches and strategic choices States may have when developing energy islands.","PeriodicalId":201830,"journal":{"name":"The International Journal of Marine and Coastal Law","volume":"128 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136069181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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