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Towards Integrated Management of Regional Marine Protected Area Networks 区域海洋保护区网络综合管理研究
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340156
J. Harrison
{"title":"Towards Integrated Management of Regional Marine Protected Area Networks","authors":"J. Harrison","doi":"10.1163/22134484-12340156","DOIUrl":"https://doi.org/10.1163/22134484-12340156","url":null,"abstract":"\u0000 Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133330465","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
Implementing the Duty to Cooperate under the 1982 UNCLOS for the Conservation and Sustainable Use of Biodiversity in Areas beyond National Jurisdiction under a New BBNJ Agreement 根据新的BBNJ协定，履行1982年《联合国海洋法公约》关于在国家管辖范围外地区保护和可持续利用生物多样性的合作义务
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340154
Nilufer Oral
{"title":"Implementing the Duty to Cooperate under the 1982 UNCLOS for the Conservation and Sustainable Use of Biodiversity in Areas beyond National Jurisdiction under a New BBNJ Agreement","authors":"Nilufer Oral","doi":"10.1163/22134484-12340154","DOIUrl":"https://doi.org/10.1163/22134484-12340154","url":null,"abstract":"\u0000 This article examines the duty to cooperate under the United Nations Convention on the Law of the Sea (UNCLOS) in relation to the obligations of States to protect and preserve the marine environment and in relation to the protection of the marine environment in areas beyond national jurisdiction. It demonstrates that the new Biodiversity Beyond National Jurisdiction (BBNJ) Agreement plays an important role in creating the necessary mechanisms for cooperation, thereby fulfilling the multiple obligations that States have under UNCLOS to cooperate regarding the protection and preservation of areas beyond national jurisdiction. Additionally, the BBNJ Agreement provides an important opportunity for States to effectively operationalize the UNCLOS provisions for marine scientific research, as well as the development and transfer of marine technology and capacity building. This article further analyses the duty to cooperate in relation to area-based management tools and environmental impact assessments, which are also key components of a broad framework of global cooperation under the BBNJ Agreement.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122947562","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
China’s Approach to Marine Scientific Research 中国的海洋科学研究方法
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340159
Nong Hong
{"title":"China’s Approach to Marine Scientific Research","authors":"Nong Hong","doi":"10.1163/22134484-12340159","DOIUrl":"https://doi.org/10.1163/22134484-12340159","url":null,"abstract":"\u0000 This article addresses the legislation, policy and State practice of China on marine scientific research (MSR). It elaborates in detail both international and domestic legislation of China governing MSR in waters within its national jurisdiction and points to the legal controversy and ambiguity of MSR conducted by foreign parties. It also raises a critical question on how to approach MSR in overlapping maritime zones amidst pending maritime delimitation.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121040453","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: 1
Marine Scientific Research in Japan’s Practice 日本海洋科学研究的实践
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340158
Sookyeon Huh
{"title":"Marine Scientific Research in Japan’s Practice","authors":"Sookyeon Huh","doi":"10.1163/22134484-12340158","DOIUrl":"https://doi.org/10.1163/22134484-12340158","url":null,"abstract":"\u0000 This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127789076","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: 1
Protection of the Marine Environment 保护海洋环境
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340155
Margaret A. Young
{"title":"Protection of the Marine Environment","authors":"Margaret A. Young","doi":"10.1163/22134484-12340155","DOIUrl":"https://doi.org/10.1163/22134484-12340155","url":null,"abstract":"\u0000 The general obligation to protect and preserve the marine environment is contained in the United Nations Convention on the Law of the Sea (UNCLOS). Increasingly, marine issues are addressed in regional or multilateral trade agreements, including the covered agreements of the World Trade Organization (WTO). This article examines selected legal developments, such as provisions in regional trade agreements on marine capture fisheries, marine litter and waste management infrastructure. Rules on the use of trade measures to eliminate harmful fishing practices, and the prohibition of certain subsidies, are also explored. The article calls for attention to the impact of these developments on dispute settlement between states under UNCLOS, support for marine protected areas, and the capacity for regime interaction between relevant bodies. These issues have relevance for the conservation of marine living resources as well as other issues relating to the protection of the marine environment, including marine plastics and climate change.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116605023","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: 1
The Contribution of the International Tribunal for the Law of the Sea to the Protection of the Marine Environment 国际海洋法法庭对保护海洋环境的贡献
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340162
Tomas H. Heidar
{"title":"The Contribution of the International Tribunal for the Law of the Sea to the Protection of the Marine Environment","authors":"Tomas H. Heidar","doi":"10.1163/22134484-12340162","DOIUrl":"https://doi.org/10.1163/22134484-12340162","url":null,"abstract":"\u0000 In its 25 years’ history, the International Tribunal for the Law of the Sea has dealt with a number of environmental cases. This has primarily occurred in the context of proceedings relating to the prescription of provisional measures and in advisory proceedings. This article explains how the Tribunal has reaffirmed and developed the basic environmental principles in Part XII of the Law of the Sea Convention, including the obligation to protect and preserve the marine environment, the precautionary approach, the duty to conduct environmental impact assessments, and the duty to cooperate, as well as the duty of due diligence, thereby contributing to the protection of the marine environment. Part XII of the Convention is a product of the 1970s and its provisions therefore reflect the state of international environmental law at that time. However, the Tribunal has interpreted and applied the aforementioned principles consistently with the contemporary state of international environmental law.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128509387","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
Advancement of the Duty to Cooperate in Marine Environmental Protection in the Jurisprudence of ITLOS 国际海洋法法庭法学中海洋环境保护合作义务的推进
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340153
Markiyan Z. Kulyk
{"title":"Advancement of the Duty to Cooperate in Marine Environmental Protection in the Jurisprudence of ITLOS","authors":"Markiyan Z. Kulyk","doi":"10.1163/22134484-12340153","DOIUrl":"https://doi.org/10.1163/22134484-12340153","url":null,"abstract":"\u0000 The UN Convention on the Law of the Sea sets forth an unprecedented regime for marine environmental protection that compels parties to cooperate and includes mandatory dispute settlement procedures with binding decisions. Although the Convention does not contain a specific article stipulating a general duty to cooperate, cooperation permeates the logic of the document. The International Tribunal for the Law of the Sea (ITLOS) has recognised the importance of cooperation to marine protection and preservation in several cases. It could be suggested that the States Parties have a positive obligation to cooperate and a need to implement a range of actions to this end. ITLOS has consistently interpreted the duty to cooperate as comprising specific obligations: to consult, to exchange information, to monitor and assess relevant activities, to develop measures to prevent pollution or other environmental harm; which offers both the basis for the implementation of the duty to cooperate and the criteria for determining compliance.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"38 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131353833","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 Spatial Planning and Protection of the Marine Environment 海洋空间规划与海洋环境保护
The Korean Journal of International and Comparative Law Pub Date : 2021-12-07 DOI: 10.1163/22134484-12340160
I. Papanicolopulu
{"title":"Maritime Spatial Planning and Protection of the Marine Environment","authors":"I. Papanicolopulu","doi":"10.1163/22134484-12340160","DOIUrl":"https://doi.org/10.1163/22134484-12340160","url":null,"abstract":"\u0000 Protection and preservation of the marine environment is a priority under international law, as codified and further developed in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Nonetheless, the current state of the marine environment questions whether the approach adopted in the UNCLOS and other legal instruments, whereby each type of pollution is addressed separately, really suffices to ensure good environmental status. For this reason, new tools have been developed, including marine (or maritime) spatial planning (MSP) and integrated coastal zone management (ICZM). This article discusses MSP and its role in ensuring protection of the marine environment, both within and beyond areas under national jurisdiction.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130735139","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 Rule of Law and the Law of the Sea 法治与海洋法
The Korean Journal of International and Comparative Law Pub Date : 2021-05-28 DOI: 10.1163/22134484-12340141
Keyuan Zou
{"title":"The Rule of Law and the Law of the Sea","authors":"Keyuan Zou","doi":"10.1163/22134484-12340141","DOIUrl":"https://doi.org/10.1163/22134484-12340141","url":null,"abstract":"The term ‘rule of law’ is a common jargon which frequently appears in government documents, national laws, literature and media. As defined by Black’s Law Dictionary, the rule of law is ‘a legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition’, and ‘the rule of law, sometimes called “the supremacy of law”, provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application’.1 According to A.V. Dicey, the concept of the rule of law should contain two principles: the supremacy or predominance of regular law (as opposed to the influence of arbitrary power) and equality before the law (or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts).2 It can be seen that there are at least two essential elements in the definition of the rule of law: supremacy of law, and equality before the law. While the concept of rule of law is mainly embodied in the domestic legal systems,3 it is recently extended to the international arena for global governance. The United Nations has started its discussions of the rule of law at both national and international levels since 2006. As expressed by the United Nations, ‘the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"28 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134510552","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: 1
Transboundary Fisheries Management 跨界渔业管理
The Korean Journal of International and Comparative Law Pub Date : 2020-12-15 DOI: 10.1163/22134484-12340134
Keyuan Zou, Jiayi Wang
{"title":"Transboundary Fisheries Management","authors":"Keyuan Zou, Jiayi Wang","doi":"10.1163/22134484-12340134","DOIUrl":"https://doi.org/10.1163/22134484-12340134","url":null,"abstract":"\u0000The United Nations Convention on the Law of the Sea created the exclusive economic zone regime, which makes more than 90 per cent of the world’s commercial fish stocks under the national jurisdiction of coastal States. The biological characteristics of fish demonstrate that the long-term sustainability of fisheries can only be achieved through cooperation and coordination among States, especially for the conservation of transboundary fish stocks. However, the ocean may have more than 1,500 transboundary fish stocks, only a limited number are subjected to effective cooperative management. This article provides an overview of the international legal framework on transboundary fisheries and China’s practice on shared stocks and distant water fisheries, and argues that current bilateral fisheries agreements are not sufficient enough to manage transboundary fish stocks and China still has much to do on regulating distant water fisheries.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122063175","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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