Ocean Development and International Law最新文献

‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage “一张地图统治一切”?通过西北航道的地图再现重新审视其合法性

3区社会学

Ocean Development and International Law Pub Date : 2023-11-08 DOI: 10.1080/00908320.2023.2273288

Apostolos Tsiouvalas, Jan Jakub Solski

引用次数: 0

Challenging the Notion of a “Single Continental Shelf” 挑战“单一大陆架”的概念

3区社会学

Ocean Development and International Law Pub Date : 2023-10-29 DOI: 10.1080/00908320.2023.2271393

H. J. Woker

引用次数: 0

The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS 极地代码进程与主权交易:比较加拿大和俄罗斯对极地代码的做法

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-04-03 DOI: 10.1080/00908320.2023.2190940

J. Solski

{"title":"The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS","authors":"J. Solski","doi":"10.1080/00908320.2023.2190940","DOIUrl":"https://doi.org/10.1080/00908320.2023.2190940","url":null,"abstract":"Abstract Owing to a shift from the culture of compliance to the culture of benchmarking, the Polar Code process of ensuring safe operation and environmental protection in Polar waters is still ongoing. The risk and goal-based approaches embedded in significant parts of the Polar Code invite different stakeholders to participate in the development of Arctic shipping governance. The methodology used in the process, such as POLARIS, may serve as a common baseline, but its utility relies on further updates and validation. The reliability of decision-support systems depends largely on whether different stakeholders embrace the system and share their experiences to facilitate systematic updates. This article compares the approaches of the two major coastal states, Canada and Russia, to POLARIS as reflected in their coastal state systems of shipping control in the Canadian Arctic Waters and the Russian Northern Sea Route (NSR). Considering that much Arctic shipping occurs within the Canadian Arctic and the NSR, their regulatory approaches may affect POLARIS’s popularity, acceptance, and, eventually, success in providing a common regulatory baseline.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72698879","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}

引用次数: 0

Can the International Regulatory Framework on Ships’ Routing, Ship Reporting, and Vessel Traffic Service (VTS) Accommodate Marine Autonomous Surface Ships (MASS)? 关于船舶路线、船舶报告和船舶交通服务(VTS)的国际监管框架能否适应海上自主水面船舶(MASS)?

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-04-03 DOI: 10.1080/00908320.2023.2211781

Iva Parlov

引用次数: 0

Assessment of the Legal Regime for Protecting Abandoned Seafarers: A Study in Light of the 2006 Maritime Labour Convention 评估保护被遗弃海员的法律制度:根据2006年海事劳工公约进行的研究

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-04-03 DOI: 10.1080/00908320.2023.2213451

Mohit Gupta, S. Shanthakumar

引用次数: 1

From “Common Pools” to “Fish Pools”: Shifting Property Institutions in Traditional Waters of Norway and Canada 从“公共池”到“鱼池”:挪威和加拿大传统水域财产制度的变迁

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-04-03 DOI: 10.1080/00908320.2023.2200218

Apostolos Tsiouvalas, J. Evans

{"title":"From “Common Pools” to “Fish Pools”: Shifting Property Institutions in Traditional Waters of Norway and Canada","authors":"Apostolos Tsiouvalas, J. Evans","doi":"10.1080/00908320.2023.2200218","DOIUrl":"https://doi.org/10.1080/00908320.2023.2200218","url":null,"abstract":"Abstract Although exclusive common pool resource management regimes have locally been applied since time immemorial in many coastal and fjord areas, in the legal conceptualization of space, the oceans and their living resources were traditionally treated as a “global commons.” The idea of restricting access to coastal oceanic resources and delegating their governance to state instruments has become increasingly popular since the middle of the previous century when political economy models predicted the eventual overexploitation or degradation of all resources used in common. While state jurisdictions overall continue to preserve the idea of common access to marine living resources for a state’s people, the rapid privatization of marine living resources and the subsequent development of aquaculture over the last few decades, often confront this understanding, leading to enclosure of a delineated maritime area that was initially intended to be accessible to the public. Enclosing the sea for the purpose of aquaculture development leads to a semantic change in property institutions that govern coastal areas and provides for a form of enclosure of the commons in key locations designated for marine aquaculture development. This article explores the concept of “ocean commons” and debates how the enclosure of common areas for the purposes of aquaculture development may collide with Indigenous and local conceptions of common pool resource management. The article applies this theoretical investigation on two examples from Canada and Norway, and suggests that rethinking aquaculture development in coastal waters through the lens of “ocean commons” may provide a guiding ethos for revisiting current approaches of access to the sea and ensuring the harmonious coexistence between aquaculture development and local/Indigenous traditional activities.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82595892","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}

引用次数: 0

Designing Law and Policy for the Health and Resilience of Marine and Coastal Ecosystems—Lessons From (and for) Aotearoa New Zealand 为海洋和沿海生态系统的健康和复原力设计法律和政策——来自(和为)新西兰奥特罗阿的教训

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-04-03 DOI: 10.1080/00908320.2023.2224116

Elizabeth Macpherson, E. Jorgensen, A. Paul, H. Rennie, K. Fisher, Julia Talbot-Jones, J. Hewitt, Andrew E. F. Allison, Jill Banwell, Alexandra Parkinson

引用次数: 0

Maritime Delimitation Between China and South Korea in the South Yellow Sea 中国和韩国在南黄海的海洋划界

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-01-02 DOI: 10.1080/00908320.2023.2182388

Huaigao Qi

{"title":"Maritime Delimitation Between China and South Korea in the South Yellow Sea","authors":"Huaigao Qi","doi":"10.1080/00908320.2023.2182388","DOIUrl":"https://doi.org/10.1080/00908320.2023.2182388","url":null,"abstract":"Abstract China and South Korea resumed negotiations on delimiting their maritime boundary in 2015. The overlapping maritime area of China and South Korea requiring delimitation lie mainly in the South Yellow Sea (SYS). This article proceeds on the basis that the two states probably reached a preliminary agreement on the limits of the first-stage maritime delimitation area, in which there are no third-party interests involved. This article selects 37°N and 32°N as the northern and southern limits of the first-stage maritime delimitation area on the basis of public information available. This article proposes that China and South Korea can delimit a single maritime boundary for their exclusive economic zones (EEZs) and continental shelves by applying the equidistance/relevant circumstances method, and then following the three-stage approach. After applying the three-stage approach to this case, this author concludes that the adjusted equidistance line/potential delimitation line will probably move toward South Korea, departing from the provisional equidistance line. The potential delimitation line of EEZ/continental shelf between the two states probably extends generally south-southwest-southeast. This author calculates that the coastal length ratio between the two states is approximately 1:2.14 in favor of China and the ratio of the relevant baselines length is approximately 1:1.47 in favor of China. This author deduces that the ratio of the allocated relevant areas is approximately 1:1.17 in favor of China and the ratio of the allocated provisional measure zone (PMZ) of the 2000 China–ROK Fishery Agreement is approximately 1:1.44 in favor of China, both under the adjusted equidistance line scenario, measured by the WGS 1984 Web Mercator.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87286462","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}

引用次数: 0

Reviving the Monetary Gold Principle? A Case Note on the Judgment of Preliminary Objections in the Mauritius/Maldives Case 重振金本位制?关于毛里求斯/马尔代夫案初步异议判决的案例说明

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-01-02 DOI: 10.1080/00908320.2023.2175751

Xu Qi

引用次数: 0

Back to the USSR: The Consequences of the 1965 Soviet Decree No. 331-112 “On the Procedure for Navigation of Foreign Ships in the Straits Along the Track of the Northern Sea Route” on Today’s Navigation Through the Russian Arctic Straits 回到苏联:1965年苏联第331-112号法令“关于外国船舶沿北海航道在海峡航行的程序”对今天通过俄罗斯北极海峡的航行的影响

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2023-01-02 DOI: 10.1080/00908320.2023.2182852

P.-E. Thévenin

引用次数: 0