Asia-Pacific Journal of Ocean Law and Policy最新文献_第4页

Tuna Fisheries Conservation and Management in the Pacific Islands Region 太平洋岛屿区域金枪鱼渔业养护和管理

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-10-19 DOI: 10.1163/24519391-06020003

Quentin Hanich, Myeong-Pyo Jung, A. McDonald, Seoyeon Oh, S. Moon, Ji-Eun An, Mikyeong Yoon

{"title":"Tuna Fisheries Conservation and Management in the Pacific Islands Region","authors":"Quentin Hanich, Myeong-Pyo Jung, A. McDonald, Seoyeon Oh, S. Moon, Ji-Eun An, Mikyeong Yoon","doi":"10.1163/24519391-06020003","DOIUrl":"https://doi.org/10.1163/24519391-06020003","url":null,"abstract":"\u0000The Korean tuna fishing fleet has a long history of participation in the tuna fisheries of the Western and Central Pacific Ocean (wcpo), the largest tuna fisheries in the world. As one of the largest distant water fishing fleets operating in the wcpo, Korea has a strong interest in maintaining access to both eez s and the high seas, and ensuring sustainability of the region’s tuna stocks. The regulatory environment for tuna fisheries in the wcpo is complex and multi-layered, with regional, sub-regional and national legislation, regulation and policies all affecting tuna fishing vessels and operations. Management of tuna fisheries within Pacific Island eez s is increasingly being tightened, including through the introduction of zone-based management approaches, and Pacific Island countries are also advocating for improved management of tuna fishing in the high seas. While all four primary tuna species in the wcpo are currently considered healthy, catch rates and economic conditions in the southern and tropical longline fisheries are in decline and catch reductions will be necessary to improve catch rates and increase economic returns for longline vessels. Within this context, the Korean distant water fishing fleet will need to strengthen engagement and cooperation with Pacific island States in order to maintain their competitiveness.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45844226","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: 2

The Trail Continues: Liability for Transboundary Environmental Harm Following the Montaro Oil Spill 继续追查:蒙塔罗石油泄漏后跨界环境损害的责任

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-10-19 DOI: 10.1163/24519391-06020013

W. Gullett

引用次数: 1

The Shipping Sector and Ports as Central Actors in the Decarbonization Effort 航运部门和港口是脱碳工作的核心参与者

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-10-19 DOI: 10.1163/24519391-06020005

A. Pastra, Meinhard Doelle, Tafsir Johansson

引用次数: 3

Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands 仔细检查澳大利亚亚南极群岛周围的海洋区域

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010003

Karina Galliford

{"title":"Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands","authors":"Karina Galliford","doi":"10.1163/24519391-06010003","DOIUrl":"https://doi.org/10.1163/24519391-06010003","url":null,"abstract":"\u0000In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones (eezs) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48351180","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

Current Legal Developments 现时的法律发展

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010016

W. Gullett

引用次数: 0

Canada 加拿大

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010007

J. Smith

引用次数: 0

The Concept of Freedom of Navigation in Light of ITLOS Interpretation in the Norstar Case 从国际海洋法法庭对诺星案的解释看航行自由的概念

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010005

Giulia Demontis

引用次数: 0

The Criminal Jurisdiction and Applicable Law concerning the Fu Yuan Yu Leng 999 Case 傅案的刑事管辖权及适用法律

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010011

Seokwoo Lee, Jiayi Wang

引用次数: 0

Law and Diplomacy, Sovereignty and Consent 法律与外交、主权与同意

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010002

Jeffrey I. Sheehy

{"title":"Law and Diplomacy, Sovereignty and Consent","authors":"Jeffrey I. Sheehy","doi":"10.1163/24519391-06010002","DOIUrl":"https://doi.org/10.1163/24519391-06010002","url":null,"abstract":"\u0000This article reflects on the first-ever compulsory conciliation under the law of the sea and its significance to international law and diplomacy. The conditions for ending the dispute between Timor-Leste and Australia were only created through a genuine combination of both law and diplomacy as facilitated by an expert commission. Through successive milestones, the United Nations Convention on the Law of the Sea (unclos) conciliation framework and the conciliation commission itself, was able to successfully shift the reluctant State (Australia) from resistance, to engagement, and ultimately, to resolution. The conciliation also showed how Timor-Leste’s sovereign interpretation of maritime rights under international law was a compelling argument in the context of historical factors and its self-determination. Ultimately, a treaty was agreed through the conciliation despite competing views of international law’s relationship to diplomacy and indeed on maritime boundary delimitation methodology itself. A reflection on this triumph of the liberal international order is beneficial for both Timor-Leste and Australia as they seek further cooperation under the new treaty, and for other States facing entrenched disputes as well.","PeriodicalId":29867,"journal":{"name":"Asia-Pacific Journal of Ocean Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43240555","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

Improving the Freedom of Repairing Telecommunication Submarine Cables in Southeast Asia 提高东南亚地区电信海底电缆维修的自由度

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Asia-Pacific Journal of Ocean Law and Policy Pub Date : 2021-06-24 DOI: 10.1163/24519391-06010004

Hai Vu

引用次数: 0