{"title":"In Memoriam: Professor Moritaka Hayashi","authors":"","doi":"10.1163/15718085-bja10043","DOIUrl":"https://doi.org/10.1163/15718085-bja10043","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43307436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"United Kingdom/Norway","authors":"R. Barnes","doi":"10.1163/15718085-BJA10044","DOIUrl":"https://doi.org/10.1163/15718085-BJA10044","url":null,"abstract":"\u0000On 30 September 2020, the United Kingdom and Norway signed the Framework Agreement on Fisheries that will provide the basis for future cooperation in the sustainable management of their fisheries. The Agreement is the first such agreement adopted by the UK following its decision to the leave the European Union. This note provides some background to the Agreement and examines its key features. Whilst the content of the Agreement appears to be rather basic, this is broadly consistent with other framework agreements, and it does provide some insight into the direction and focus of fisheries management in the North Sea, and how cooperation may develop between coastal States and the European Union.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"36 1","pages":"155-164"},"PeriodicalIF":1.3,"publicationDate":"2021-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46593106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Multilateral Creeping Coastal State Jurisdiction and the BBNJ Negotiations","authors":"E. Molenaar","doi":"10.1163/15718085-BJA10042","DOIUrl":"https://doi.org/10.1163/15718085-BJA10042","url":null,"abstract":"\u0000The interrelated notions of adjacency and creeping coastal State jurisdiction have been a key driver in the historical development of the international law of the sea. Although the United Nations Convention on the Law of the Sea (LOSC) managed to bring an end to unilateral coastal State claims to new and broader maritime zones, creeping coastal State jurisdiction per se continued, both unilaterally and multilaterally. This article focuses on so-called multilateral creeping coastal State jurisdiction – which originates predominantly from intergovernmental bodies – and in particular on the role of this phenomenon in the currently ongoing negotiations on an agreement on marine biodiversity beyond national jurisdiction under the LOSC (BBNJ Agreement). The article contains a detailed analysis of the relevant provisions in the draft BBNJ Agreement of 18 November 2019 and subsequent text proposals by delegations, in light of the historical development of the law of the sea.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41385526","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"South East Asia","authors":"Hai Vu","doi":"10.1163/15718085-BJA10041","DOIUrl":"https://doi.org/10.1163/15718085-BJA10041","url":null,"abstract":"\u0000In October 2019, the Association of Southeast Asian Nations (ASEAN) Telecommunication and Information Technology Ministers adopted the ASEAN Guidelines for Strengthening Resilience and Repair of Submarine Cables. This instrument represents an important increase in awareness by the Association of the importance of a swift process for authorising the repair of submarine cables. This article suggests the next steps to be taken by ASEAN to improve the process of granting permits for repairing submarine cables in ASEAN Member States.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42492873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Time to Get Serious about Combating Forced Labour and Human Trafficking in Fisheries","authors":"Vasco Becker-Weinberg","doi":"10.1163/15718085-bja10040","DOIUrl":"https://doi.org/10.1163/15718085-bja10040","url":null,"abstract":"\u0000The connection between forced labour and human trafficking and fisheries, particularly illegal, unregulated and unreported fishing, is vile and highly profitable, and may be found in most parts of the world. A fishing vessel can be a place of abuse more extreme than any other onshore. At sea, it is out of sight for long periods of time, with little or no opportunity for fishers to escape. The working and living conditions on board are often simply described as inhumane. Combating labour exploitation in fisheries raises many complex multijurisdictional challenges, most of which, if not all, could be circumvented if States were serious about addressing this phenomenon. This article examines these challenges and the relevant international legal framework, particularly the 2007 Work in Fishing Convention and the 2014 Protocol to the Forced Labour Convention, against the background of the law of the sea and international human rights law.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43167749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulatory Systems Supporting Innovation: Lessons from the Development of the 2004 Ballast Water Management Convention","authors":"M. Tsimplis","doi":"10.1163/15718085-bja10039","DOIUrl":"https://doi.org/10.1163/15718085-bja10039","url":null,"abstract":"\u0000The 2004 Ballast Water Management Convention (BWMC) demands the development of new technology in order to ensure improved environmental performance by ships. However, the successful development of innovation through technology requires characteristics missing from the rather conservative shipping sector in general and also from the BWMC as a legal instrument in particular. The authorisations granted under the BWMC with respect to ballast water treatment systems indicate that the innovation cycle was already completed before the adopted performance standards became legally binding. The innovative efforts were restricted to shipbuilding countries and were not accompanied by incentives to develop suitable sampling techniques to ensure efficient implementation. Innovation through regulation requires evolving standards, benefits for innovators and first movers as well as impact assessments on the efficiency of the chosen technological solutions in resolving the environmental problem. A revised BWMC, to be efficient, needs to take these factors into account.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"-1 1","pages":"1-29"},"PeriodicalIF":1.3,"publicationDate":"2020-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42832136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"China: China’s Regulation of its Distant Water Fishing Fleets","authors":"Nengye Liu","doi":"10.1163/15718085-BJA10018","DOIUrl":"https://doi.org/10.1163/15718085-BJA10018","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"36 1","pages":"165-175"},"PeriodicalIF":1.3,"publicationDate":"2020-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45499396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The South China Sea Arbitration: Toward an International Legal Order in the Oceans, written by Yoshifumi Tanaka","authors":"Natalie Klein","doi":"10.1163/15718085-bja10029","DOIUrl":"https://doi.org/10.1163/15718085-bja10029","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"-1 1","pages":"1-6"},"PeriodicalIF":1.3,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46337216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Strengthening International Fisheries Law in an Era of Changing Oceans, edited by Richard Caddell and Erik J. Molenaar","authors":"Mitchell Lennan","doi":"10.1163/15718085-bja10031","DOIUrl":"https://doi.org/10.1163/15718085-bja10031","url":null,"abstract":"","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":"-1 1","pages":"1-5"},"PeriodicalIF":1.3,"publicationDate":"2020-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45466979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}