Ocean Development and International Law最新文献_第5页

Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law? 这只是一种无害的捕鱼方式，还是FADs的使用违反了国际海洋污染法?

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-04-03 DOI: 10.1080/00908320.2021.1901342

R. Churchill

引用次数: 8

Identifying “Exclusionary Agreements”: Agreement Type as a Procedural Limitation in UNCLOS Dispute Settlement 识别“排他性协议”:作为《联合国海洋法公约》争端解决程序限制的协议类型

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-03-05 DOI: 10.1080/00908320.2021.1886448

Hayley Roberts

引用次数: 1

Australia as a Middle Power: Challenging the Narrative of Developed/Developing States in International Negotiations Surrounding Marine Genetic Resources 澳大利亚作为一个中等大国:挑战发达/发展中国家在海洋遗传资源国际谈判中的叙述

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-03-03 DOI: 10.1080/00908320.2021.1886449

Ethan Beringen, Nengye Liu, M. Lim

引用次数: 2

The Genesis of Article 234 of the UNCLOS 《联合国海洋法公约》第234条的由来

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-01-02 DOI: 10.1080/00908320.2020.1835026

J. Solski

引用次数: 5

Developing China’s Legal Regime for International Deep Seabed Mining—The Present and Future 中国国际深海底采矿法律制度的发展——现状与未来

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-01-02 DOI: 10.1080/00908320.2020.1845436

Haohan Shen

{"title":"Developing China’s Legal Regime for International Deep Seabed Mining—The Present and Future","authors":"Haohan Shen","doi":"10.1080/00908320.2020.1845436","DOIUrl":"https://doi.org/10.1080/00908320.2020.1845436","url":null,"abstract":"Abstract The obligations of state sponsorship in the exploration and exploitation of the resources in the international seabed area require states parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to control the exploration and exploitation activities of contractors through domestic legislation and the adoption of relevant administrative measures, and to ensure that contractors comply with UNCLOS and international regulations, rules, and procedures promulgated by the International Seabed Authority. The Law of the People's Republic of China on the Exploration and Exploitation of Resources in the Deep Seabed Area (DSM Law) was adopted on 26 February 2016. It is the first important legislative step that China has taken to fulfill its obligation as a sponsoring state. Given the fact that a number of the provisions in China’s DSM Law are phrased in rather general terms, the next step that China should take is to develop a comprehensive domestic legal regime for deep seabed mining under the DSM Law. Part I of this article provides an overview of China’s developing domestic legal regime for deep seabed mining. Part II proposes three principles that should be enshrined in China’s developing domestic legal regime for deep seabed mining, and Part III articulates the legal norms that underpin China’s developing domestic legal regime for deep seabed mining. Part IV delivers a critical review of current normative instruments issued under the DSM Law and proposes suggestions to revise one particular instrument, the Permit Measures, as adopted under the DSM Law.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78606707","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: 1

The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim? BBNJ谈判中的邻接原则:爬行管辖还是合法主张?

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-01-02 DOI: 10.1080/00908320.2020.1852841

Jinyuan Su

{"title":"The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim?","authors":"Jinyuan Su","doi":"10.1080/00908320.2020.1852841","DOIUrl":"https://doi.org/10.1080/00908320.2020.1852841","url":null,"abstract":"Abstract Adjacency, notwithstanding its status as a basis for generating maritime entitlements, has no place as a principle under the existing law of the sea. To endow it with such status in the negotiation of an agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ) is likely to upset the delicate balance between the rights of coastal states and those of the international community, which is essential to the widespread acceptance of United Nations Convention on the Law of the Sea (UNCLOS). This article argues that the access regime for marine genetic resources (MGRs) straddling the boundary between areas beyond national jurisdiction (ABNJ) and areas within national jurisdiction (AWNJ) should be location based, and adjacent coastal states should not be accorded preferential rights in the distribution of benefits. However, due regard should be paid to the rights and legitimate interests of adjacent coastal states when transboundary impacts may result from measures adopted for and activities conducted in ABNJ, including those that directly affect MGRs straddling the boundary between ABNJ and AWNJ. At the procedural level, coastal states should be allowed to participate, primarily through prior notification and consultation, in the adoption of area-based management tools (ABMTs) in ABNJ and the conduct of environmental impact assessment (EIA) with respect to activities therein.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82789074","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: 3

The Passage Regimes of the Kerch Strait—To Each Their Own? 刻赤海峡的通行制度:各有各的制度?

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2021-01-02 DOI: 10.1080/00908320.2020.1869445

Alexander Lott

引用次数: 2

Maritime Delimitation Between China and North Korea in the North Yellow Sea 中国与朝鲜在北黄海海域的海洋划界

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2020-10-23 DOI: 10.1080/00908320.2020.1830506

Huaigao Qi

{"title":"Maritime Delimitation Between China and North Korea in the North Yellow Sea","authors":"Huaigao Qi","doi":"10.1080/00908320.2020.1830506","DOIUrl":"https://doi.org/10.1080/00908320.2020.1830506","url":null,"abstract":"Abstract China and North Korea have delimited the boundary of their territorial seas by signing a 1962 Border Treaty and a 1964 Border Protocol, but the two states still need to delimit the boundary of their exclusive economic zones (EEZs) and continental shelves (CSs) in the North Yellow Sea (NYS). Considering the geographical characteristics of the two states’ coasts in the NYS, this article proposes that China and North Korea can delimit a single maritime boundary for the EEZ and the CS by applying the equidistance/relevant circumstances method, and then following a “three-stage approach.” The first stage is to construct a provisional equidistance line in the NYS; the second stage is to adjust the provisional equidistance line in light of relevant circumstances, such as the partial effect of Nan Tuozi in light of its distance from the coast of the continent; and the third stage is to apply the disproportionality test to the maritime area allocated to the two states in the NYS. After applying the “three-stage approach” to this case, the author concludes that the potential delimitation line of EEZ/CS between the two states extends generally south-southwest through seven segments for a distance of about 196 km (106 nm). Since 2018, tensions appear to have declined on the Korean Peninsula, and this may provide an opportunity for China and North Korea to start their maritime boundary delimitation negotiation in the near future.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84965881","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

From Rocks to an Archipelago: The Brazilian Interpretation and Application of Article 121 of the United Nations Convention on the Law of the Sea With Respect to the St. Peter and St. Paul Insular Features 从岩石到群岛:巴西对《联合国海洋法公约》第121条关于圣彼得和圣保罗岛礁的解释和适用

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2020-10-06 DOI: 10.1080/00908320.2020.1820153

A. P. da Silva

引用次数: 1

Relevant Coasts and Relevant Area in the Maritime Delimitation of the EEZ and Continental Shelf 专属经济区和大陆架海洋划界中的相关海岸和相关区域

IF 1.2 3区社会学

Ocean Development and International Law Pub Date : 2020-08-27 DOI: 10.1080/00908320.2020.1805166

Yuri Ishii

引用次数: 1