Legal and Political Aspects of the Dokdo Issue: Interrelationship between International Law and International Relations
In: The Korean journal of defense analysis, Volume 25, Issue 2, p. 227-242
ISSN: 1016-3271
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In: The Korean journal of defense analysis, Volume 25, Issue 2, p. 227-242
ISSN: 1016-3271
In: Contemporary Southeast Asia, Volume 25, Issue 3, p. 405-430
ISSN: 0129-797X
This article is an attempt to analyse the positive and negative aspects of the Chinese U-shaped line as well as certain points of interest that are more ambivalent in nature. Positive aspects of the line include the observation that the line is not an attempt by both Taipei and Beijing to absorb international boundaries within a national framework. Negative aspects of the line include the burden it creates on the Chinese navy. It also addresses questions such as the nature of the relationship between the U-shaped line and Chinese Communist Exclusive Economic Zones (EEZs), arguing that the non-contradictory relationship must be seen as a form of double insurance that both Taipei and Beijing are investing in. (Contemp Southeast Asia/DÜI)
World Affairs Online
Component: 1.3.1 Conceptual methodology Sub-component: 1.3.1.5 Most appropriate geographical scale for MSP at national scale The scale issue is particularly of concern for the MSP directive implementation process and its transboundary issues: What is the most appropriate scale for their MSP plans? Do they have to define different plans based on different geographical scales? If so, what would be their articulation? If not, for instance, is it enough to carry out the plan at national or marine basin scale with some focus areas? Moreover, what would be the plan boundaries once the scale is defined? If this step is not well conducted in a MSP process, it could lead to the failure of the plan, as a consequence of a mismatch between ecological scale and social/management scale (Cumming et al., 2006) and respective boundaries. For instance, the management boundaries often match administrative boundaries (for political purposes), which do not generally correspond to the boundaries of a single ecosystem. Indeed, an administrative region often encompasses multiple ecosystems, of different sizes and sometimes only some parts of an ecosystem. Besides, analysing phenomena whether environmental or socio-economic only within the administrative boundaries could lead to misunderstanding of these phenomena in as much as the latter could be broader. The literature review conducted during the SIMWESTMED project highlighted some general principles to bear in mind to ensure that the most appropriate geographical scale is used to maximise the efficiency of a plan. ; This report/document was produced as part of the SIMWESTMED Project (Grant Agreement N0. EASME/EMFF/2015/1.2.1.3/02/SI2.742101). PROJECT: Supporting Implementation of Maritime Spatial Planning in the Western Mediterranean region (SIMWESTMED) Competition for maritime space – for renewable energy equipment, aquaculture and other uses – has highlighted the need to manage our waters more coherently. Maritime spatial planning (MSP) works across borders and sectors to ensure ...
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Vessels : routes, size, and frequency -- Sailors : border crossers and region makers -- Maritime Indians, cosmopolitan Indians -- -- Turning south before swinging east -- Simón Bolívar's Caribbean adventures -- An Andean-Atlantic nation -- Conclusion: Of alternative geographies and plausible futures.
Preliminary Material -- Introduction /Sherry P. Broder -- Chapter 1. Judge Choon-Ho Park, The Law of the Sea Institute, and Modern Scholarship in Ocean Law /Harry N. Scheiber -- Chapter 2. International Tribunal for the Law of the Sea /José Luís Jesus -- Chapter 3. The Romania-Ukraine Decision and Its Effect on East Asian Maritime Delimitations /Jon M. Van Dyke† -- Chapter 4. Article 121(3) of the Law of the Sea Convention and the Disputed Offshore Islands in East Asia: A Tribute to Judge Choon-Ho Park /Yann-huei Song -- Chapter 5. The Baltic Sea Region An Area of Interdependence of Baltic States /Stanislaw Pawlak -- Chapter 6. The Arctic and the Modern Law of the Sea /Helmut Tuerk -- Chapter 7. Le Juge et La Delimitation Maritime : Mode D'emploi /Tafsir Malick Ndiaye -- Chapter 8. The International Legal Framework and the State Activities Regarding the Continental Shelf Beyond 200-n. Miles in and Adjacent to the East and South China Seas /Ted L. McDorman -- Chapter 9. Recent Continental Shelf Submission by Countries in East Asia and Third Party Notifications /Michael Sheng-ti Gau -- Chapter 10. Japan's Claim to Extended Limits of the Continental Shelf /Miyoshi Masahiro -- Chapter 11. The Contribution of Trinidad and Tobago in the Development of the Regime of the Continental Shelf /Anthony A. Lucky -- Chapter 12. The Jurisdiction and Procedure of the International Tribunal for the Law of the Sea: An Overview /Hugo Caminos -- Chapter 13. Ad Hoc Chambers /Rüdiger Wolfrum -- Chapter 14. The International Dynamics of the Controversy over Military Activities in the EEZ /Peter A. Dutton -- Chapter 15. The "Case" of USNS Impeccable versus 5 Chinese Ships: A Close Examination of the Facts, the Evidence, and the Law /Jonathan G. Odom -- Chapter 16. Maritime Piracy: How Can International Law and Policy Help Address this Growing Global Menace? /Ved P. Nanda -- Chapter 17. New Approaches to Protecting Shipping from Piracy and Terrorism /Masahiro Akiyama -- Chapter 18. An Analysis of the Goals and Achievements of the Western and Central Pacific Fisheries Commission from China's Perspective /Xu Liuxiong and Liu Xiaobing -- Chapter 19. Protecting and Perpetuating Papahānaumokuākea: Involvement of Native Hawaiians in Governance of Papahānaumokuākea Marine National Monument /Heidi Kai Guth -- Chapter 20. Indigenous Values and the Law of the Sea /Williamson B. C. Chang -- Chapter 21. Native American Tribal Treaty Rights and Fisheries Co-Management in the U.S. Pacific Northwest /Craig Bowhay -- Chapter 22. International Treaties and U.S. Laws as Tools to Regulate the Greenhouse Gas Emissions from Ships and Ports /Richard Hildreth and Alison Torbitt -- Chapter 23. UNCLOS and the Growing Use of Electronic Tagged Marine Animals as Autonomous Ocean Profilers /Richard McLaughlin -- Chapter 24. Existing Legal Frameworks Relevant to Marine Genetic Resources /Byung-Il Kim and Seokwoo Lee -- Index.
In: Terrorism and political violence, Volume 25, Issue 3, p. 476-493
ISSN: 1556-1836
In: http://hdl.handle.net/10451/4691
Tese de doutoramento, Ciências do Mar, Universidade de Lisboa, Faculdade de Ciências, 2011 ; Transboundary networks of marine protected areas (MPAs) can assist states in meeting MPA coverage targets set internationally. However, their complexity requires a careful examination of the requirements of cooperation between states for the conservation of shared natural resources, as well as an interdisciplinary approach given the nature of the problem. A theoretical framework based on environmental governance was developed to guide this case study in two selected border regions of coastal East Africa. The findings suggest that transboundary MPAs are not always the most appropriate tool for marine conservation of coral reefs and Indo-Pacific humpback dolphins in the Moçambique. Tanzania and Mozambique-South Africa transboundary coastal regions. The three states have modern MPA governance frameworks, but these have important insufficiencies that would need to be addressed in the creation of transboundary MPAs. International environmental law provides an important legal foundation for the creation and management of transboundary MPAs, but a sub-regional approach may be more appropriate for cooperation. A regime exists between Mozambique and South Africa for transboundary MPA-making, but one is lacking between Mozambique and Tanzania, given the former state's interest in hydrocarbon production overriding marine conservation concerns. Nevertheless, five options for cooperation in marine conservation are suggested, depicting an increasing degree of political commitment between the three states. MPA networks may be created to include community-based MPAs, making institutional interplay a potentially critical determinant of MPA success. However, its costs need also to be considered. Finally, it was found that the lack of delimited maritime boundaries between states does not necessarily hinder the creation of a transboundary MPA, particularly if there are no salient boundary issues at stake. States considering engaging in the ...
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In: Osteuropa, Volume 61, Issue 2-3, p. 87-92
ISSN: 0030-6428
A number of countries bordering on the northern polar sea have claimed exclusive rights to mining raw materials in the central Arctic. The United Nations' Convention on the Law of the Sea determines which preconditions have to be fulfilled so that these claims are justified. If a coastal state wants to exercise sovereign rights over the continental shelf beyond 200 sea miles, it must provide bathymetric, geodesic, geophysical, and geological data showing that the natural extension of its territory stretches beyond this legally determined boundary. Russia has failed in an appeal to the Commission on the limits of the Continental Shelf, but is preparing a new appeal with better technical documentation. Adapted from the source document.
" 'Where in the world is the Philippines?' is a question that has been deftly and consistently dodged by our politicians at the expense of clearly defining the Philippines' territorial and maritime jurisdictions. Severino's scholarly work lays out what has happened in the past and what must be done in the future - and does so just as newly elected President Benigno S. Aquino begins his term in office. With the help of this timely and comprehensive study, it is imperative that Aquino and the Congress confront and resolve territorial issues once and for all." - Roberto R. Romulo, former Secretary of Foreign Affairs of the Philippines
In: The library of essays in international law
part Part I: Baseline and The Territorial Sea -- chapter 1 Lewis M. Alexander (1983), 'Baseline Delimitations and Maritime Boundaries', Virginia Journal of International Law, 23, pp. 503-36. -- chapter 2 Shekhar Ghosh (1980), The Legal Regime of Innocent Passage through the Territorial Sea', Indian Journal of International Law, 20, pp. 216-42. -- part Part II: Straits -- chapter 3 S.N. Nandan and D.H. Anderson (1989), 'Straits Used for International Navigation: A Commentary on Part III of the United Nations Convention on the Law of the Sea 1982', British Year Book of International Law, 60, pp. 159-204. -- part Part III: Island and Archipelagic States -- chapter 4 Janusz Symonides (1987), 'The Legal Status of Islands in the New Law of the Sea', Revue de Droit International de Sciences Diplomatiques, Politiques et Sociales, Geneva, 65, pp. 161-80. -- chapter 5 H. P. Rajan (1986), 'The Legal Regime of Archipelagos', German Yearbook of International Law, 29, pp. 137-53. -- part Part IV: The Exclusive Economic Zone -- chapter 6 Tommy T. B. Koh (1988), 'The Exclusive Economic Zone', Malaya Law Review, 30, pp. 1-33. -- part Part V: The Confidential Shelf -- chapter 7 Makhdoom Ali Khan (1985), 'The Juridical Concept of the Continental Shelf', Pakistan Horizon (Karachi), 38, pp. 19-40. -- chapter 8 Duncan J. McMillan (1985), 'The Extent of the Continental Shelf: Factors Affecting the Accuracy of a Continental Margin Boundary', Marine Policy, 9, pp. 148-56. -- part Part VI: Delimitation of Maritime Boundaries -- chapter 9 Shabtai Rosenne (1996), 'Geography in International Maritime Boundary-Making', Political Geography, 15, pp. 319-34. -- chapter 10 Barbara Kwiatkowska (1988), 'Equitable Maritime Boundary Delimitation - A Legal Perspective', International Journal of Estuarine and Coastal Law, 3, pp. 287-304. -- part Part VII: The High Seas -- chapter 11 Ram P. Anand (1982), 'Freedom of the Seas: Past, Present and Future', in Rafael Gutierrez Girardot and others (eds), New Directions in International Law: Essays in Honour of Wolfgang Abendroth, Frankfurt/New York: Campus Verlag, pp. 215-33. -- part Part VIII: Fisheries -- chapter 12 Shigeru Oda (1983), 'Fisheries Under the United Nations Convention on the Law of the Sea', American Journal of International Law, 77, pp. 739-55. -- chapter 13 Moritaka Hayashi (1995), 'The 1995 Agreement on the Conservation and Management of Straddling and Highly Migratory Fish Stocks: Significance for the Law of the Sea Convention', Ocean and Coastal Management, 29, pp. 51-69. -- part Part IX: The International Seabed Area -- chapter 14 Alexandre Kiss (1985), 'The Common Heritage of Mankind: Utopia or Reality?', International Journal, 40, pp. 423-41. -- chapter 15 Bernard H. Oxman (1994), 'Law of the Sea Forum: The 1994 Agreement on Implementation of the Seabed Provisions of the Convention on the Law of the Sea - The 1994 Agreement and the Convention', American Journal of International Law, 88, pp. 687-97. -- part Part X: Land Locked States -- chapter 16 Helmut Tuerk and Gerhard Hafner (1985), 'The Land-Locked Countries and the United Nations Convention on the Law of the Sea', in Budislav Vukas (edition), Essays on the New Law of the Sea, Zagreb: Sveucilisna Naklada Liber, pp. 58-70. -- part Part XI: The Protecton and Preservation of The Marine Environment -- chapter 17 Alan E. Boyle (1985), 'Marine Pollution Under the Law of the Sea Convention', American Journal of International Law, 79, pp. 347-72. -- part Part XII: Marine Scientific Research -- chapter 18 Patricia Birnie (1995), 'Law of the Sea and Ocean Resources: Implications for Marine Scientific Research', The International Journal of Marine and Coastal Law, 10, pp. 229-51. -- part Part XIII: Maritime Jurisdiction and Enforcement -- chapter 19 I. A. Shearer (1986), 'Problems of Jurisdiction and Law Enforcement Against Delinquent Vessels', International and Comparative Law Quarterly, 35, pp. 320-43. -- part Part XIV: Military Uses of the Sea -- chapter 20 Budislav Vukas (1990), 'Military Uses of the Sea and the United Nations Law of the Sea Convention', in Budislav Vukas (ed. ), Essays on the New Law of the Sea 2, Zagreb: Sveucilisna Naklada Liber, pp. 401-27. -- chapter 21 Rüdiger Wolfrum (1998), 'Military Activities on the High Seas: What Are the Impacts of the U.N. Convention on the Law of the Sea?', in Michael N. Schmitt and Leslie C. Green (eds), International Law Studies, 71. The Law of Armed Conflict: Into the Next Millennium, Naval War College, Newport, RI, pp. 501-13. -- part Part XV: Underwater Archeological and Historical Objects. -- chapter 22 Janet Blake (1996), 'The Protection of the Underwater Cultural Heritage', International and Comparative Law Quarterly, 45, pp. 819-43. -- part Part XVI: The Polar Regions -- chapter 23 Donald R. Rothwell and Stuart Kaye (1994), 'Law of the Sea and the Polar Regions: Reconsidering the Traditional Norms', Marine Policy, 18, pp. 41-58. -- part Part XVII: Settlement of Disputes -- chapter 24 Tullio Treves (1997), The Jurisdiction of the International Tribunal for the Law of the Sea', Indian Journal of International Law, 37, pp. 396-419.
In: Mediterranean politics, Volume 17, Issue 1, p. 111-117
ISSN: 1743-9418
In: Southeast Asian affairs, p. 257-262
ISSN: 0377-5437
World Affairs Online
In: Ocean development and international law: the journal of marine affairs, Volume 35, Issue 2, p. 157-178
ISSN: 0090-8320, 0883-4873
Intro -- Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead -- Copyright -- Dedication -- Contents -- Acknowledgments -- List of Illustrations -- List of Abbreviations -- List of Contributors -- Introduction -- Part 1: Fifty Years of Ocean Law Debates: The Law of the Sea Institute -- 1 The Law of the Sea Institute: A New Forum for Debate of Ocean Law in the 1960s "Decade of Uncertainty" -- 2 The LOSI in Hawai'i: Ocean Law and Policy Debates, 1977-96 -- 3 Seeking Lines in the Sea: Progress and Challenges in the Delimitation of Maritime Boundaries over the Past 50 Years -- 4 A Legacy of Stewardship for the Public Order of the Oceans: A Tribute to William T. Burke -- 5 Lewis M. Alexander, Modern Master Mariner of the Law of the Sea -- Part 2 Perspectives on UNCLOS -- 6 The Strategic Foundation of the Law of the Sea -- 7 Small States in the Decision-Making Process of UNCLOS III -- 8 Special Address: IUU Fishing and the International Tribunal for the Law of the Sea -- 9 Special Address: On the Challenges to Stability and to the Rule of Law in Implementation of UNCLOS -- Part 3 The European Union's Record in Sustainable Management of Marine Resources -- 10 Regulating and Managing Fisheries Resources: Five Decades of Triumph and Failure in the European Union -- Part 4 Debates on a Regime for Biodiversity in the Area beyond National Jurisdiction (ABNJ) -- 11 Freedom of the High Seas or Protection of the Marine Environment? A False Dichotomy -- 12 Perspectives on a Developing Regime for Marine Biodiversity Conservation and Sustainable Use beyond National Jurisdiction -- 13 Promoting a New Convergence: Developing New Regulatory Paradigms for Marine Areas beyond National Jurisdiction in the Pacific Ocean -- 14 Governance of the Arctic Ocean beyond National Jurisdiction: Cooperative Currents, Restless Sea
The interest in the Arctic has grown through the environmental issues and climate change that deeply altered the region, especially with the impact of the global warming. These changes bring many threats but also important opportunities, and require a deeper cooperation to respond to them. The protection of the environment, the management of Arctic resources (natural, fishery, etc.), the use of sea routes, the delimitation of maritime boundaries, the respect of human rights and of indigenous peoples rights, the strategic and military aspects are all examples of the issues that coexist in the Arctic. They highlight the challenges that the cooperation in the Arctic is facing. None of these issues could solely be managed by the cooperation between the Arctic States, as their consequences and the interests at stake are global. In addition to the multitude of areas of cooperation, there is a congruence of actors: Arctic and extra-Arctic ones such as international organizations, non-governmental organizations, multinational corporations, but also regions, inter-parliamentary organizations, indigenous peoples or scientific associations. The complexity of the situation is perceptible in the way the Arctic cooperation is established. Tensions exist both among the Arctic actors and between Arctic and extra-Arctic actors. Two contradictory processes seem to structure the cooperation with the regionalization on the one hand, and the internationalization on the other hand. Thus, cooperation between Arctic stakeholders is built around many international institutions, which structures and roles will certainly evolve. The central structure of the Arctic cooperation is the Arctic Council – a regional institution. At the same time, the cooperation in the Arctic region is based on global international cooperations, with essential instruments as the Convention on the law of the sea of 1982. Arctic cooperation seems to be an interesting model based on flexibility that should enable adaptation, which is especially important in a ...
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