Suchergebnisse

238Sea — Maritime boundaries — Delimitation — Continental shelf — Customary international law principles regarding delimitation — Use of equitable principles in order to achieve an equitable solution — Opposite States — Relevant equitable considerations — Importance of natural prolongation — Relevance of rift zone between States — Proportionality between length of coastline and share of continental shelf — Islands — Island State with restricted coastline — Economic circumstances of States — Equidistance methods of delimitation — Whether relevant in contemporary law — Overlap between claims advanced by Parties and claims of third party StateSea — Continental shelf — Juridical nature of continental shelf — Whether rights of State to continental shelf dependent upon considerations of natural prolongation — Distance principle — Whether State entitled to continental shelf extending to distance of 200 miles from baselines irrespective of natural prolongation — Effects on delimitation — Relationship between continental shelf and exclusive economic zoneSea — Islands — Island State — Continental shelf — Whether island State to be treated differently from other States in respect of entitlement to continental shelf — Island State with small coastline — Offshore islands — Uninhabited islet — Whether to be taken into account in delimitation of continental shelf boundaryInternational Court of Justice — Jurisdiction — Special agreement — Continental shelf boundary dispute between two States referred to Court by special agreement — Claims advanced by Parties overlapping with claims made by third State — Whether Court possessing jurisdiction to determine principles or rules governing rights of third State — Whether Court required to confine itself to the delimitation of the continental shelf between the Parties in area where no third party claimsSources of international law — Customary international law — Relationship between customary international law and treaty — Convention adopted by large majority of States but not yet in force — Effect upon customary international law — Law of the Sea Convention, 1982 — Provisions regarding continental shelf delimitation — Concept of the exclusive economic zone

As companies consider pursuing offshore exploratory drilling operations in the Arctic Outer Continental Shelf, the federal regulatory regime surrounding such activities continues to develop. In February 2015, the United States Department of the Interior released a proposed rule employing more stringent standards and requirements for offshore exploratory drilling operations in order to ensure effective and safe exploration in the Arctic Outer Continental Shelf. The proposed rule has received mixed responses, with environmental groups praising the government for regulating such activities while simultaneously requesting that the mandates become even more stringent. The regulated entities in the oil and gas industry oppose the rule because they argue it is redundant and unnecessary, while also imposing extravagant costs for relatively minimal improvements to the safety of these exploratory drilling operations. However, as with any regulation, controversy among different interest groups is to be expected. To determine whether the proposed rule is the appropriate regulatory approach, this article employs a familiar tool to determine the favorability of the proposed regulation: economic analysis. Although some claim that economic analysis is an improper tool for quantifying certain benefits such as environmental protection, it seems clear that the government must find some way to reconcile these conflicting interests and ensure the sustainable development of Arctic resources moving forward. This article provides a starting point for this discussion by assessing the economic costs associated with the proposed rule.

Preliminary Material -- Introduction -- 1 Notes on Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries /Liv Holmefjord -- 2 The Arctic and the Present Geopolitical Situation /Hans Corell -- 3 The Arctic Continental Shelf and Its Evolving Morphologic Context /Larry Mayer -- 4 The Law and Politics of the Lomonosov Ridge /Michael Byers -- 5 The Delimitation of the Continental Shelf Beyond 200 Nautical Miles in the Arctic Ocean: Recent Developments, Applicable Law and Possible Outcomes /Alex G. Oude Elferink -- 6 Probabilistic Risk Assessment: Concepts and Applications /Dennis C. Bley -- 7 Russia's Energy Policy in the Arctic Region and China's Opportunities /Kuen-chen FU -- 8 A Sustainable Approach to the Arctic /Erik Haaland -- 9 Environmental Aspects of Hydrocarbon Exploration in the Arctic /Stephen A. Macko -- 10 Arctic Shipping—Still Icy /Knut Einar Skodvin -- 11 Necessary Conditions for the Commercialization of Arctic Shipping /Sung Woo LEE -- 12 Arctic Navigation: Recent Developments /J. Ashley Roach -- 13 Comparison of Arctic Navigation Administration between Russia and Canada /Leilei ZOU -- 14 Finding Refuge in the Exceptional: Using Public Morality as a Basis for Managing Natural Resources in the Arctic /Elizabeth Whitsitt -- 15 The Changing Arctic and an Adaptive Approach to the Protection of Arctic Marine Ecosystems /Guifang (Julia) XUE and Yu LONG -- 16 Arctic Governance: Reflections on the Evolving Tableau of EU Law and Policy Measures /Ronán Long -- 17 A Note on Arctic Ocean Regional Governance /Ted L. McDorman -- 18 Changes in Distribution and Migration of Fish Stocks in the Northeast Atlantic Ocean Due to Climate Variations /Jóhann Sigurjónsson -- 19 International Regulation of Central Arctic Ocean Fisheries /Erik J. Molenaar -- 20 Assertion of Entitlement to Shared Fish Stocks /Bjørn Kunoy -- 21 Freedom of Fishing on the High Seas, and the Relevance of Regional Fisheries Management Organisations (RFMOs) /Stefán Ásmundsson -- 22 Allocation of Fishing Rights: Principles and Alternative Procedures /Tore Henriksen -- 23 Managing Shared Migratory Stocks: The Case of the Atlantic Mackerel /Rögnvaldur Hannesson -- 24 UNCLOS Dispute Settlement Regime and Arctic Legal Issues /Robert Beckman -- 25 Russian Maritime Security Law along the Northern Sea Route: Giving Shape to Article 234 in the Law of the Sea Convention /James Kraska -- 26 Comments on the Three-stage Approach of Maritime Delimitation /Chuanxiang SUN.

Preliminary Material -- 1 Introduction -- 2 The Outer Limits of the Continental Shelf in International Law -- 3 Legal Aspects of the Commission's Decision-Making -- 4 Legitimacy of the Commission and Its Decision-Making -- 5 The Future of the Commission -- Bibliography -- Table of Cases -- Index.