Suchergebnisse

The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. The first question is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. The second question is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising a third question as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard.

The objective of both international and national fisheries management legislation has traditionally been to optimize utilization of individual fish stocks. Recently the environmental effects of fishing, including overfishing, by-catches, and destruction of habitat, have come into focus. International instruments (binding and non-binding) have been adopted to accommodate these concerns through introducing environmental principles (e.g. the precautionary approach and ecosystem approach) to supplement international fisheries law and international environmental law. In 2009 new legislation came into force in Norway to introduce these obligations. The legislation is investigated to assess how environmental considerations are implemented and weighted against other considerations, such as settlement and employment, traditionally important interests in fisheries management. The new legislation means fisheries management must apply objectives and principles across sectors to include utilization of all natural resources. The conclusion is that although the fisheries management agencies still enjoy wide discretion, the implementation of these principles and their integration with other sectors will require a more holistic approach to fisheries management in the future.Keywords: Implementation of international fisheries and international environmental law, Norwegian fisheries law, Norwegian environmental and natural resources law, Norwegian administrative law.Citation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 131–157. ISSN 1891-6252

The status of the marine Arctic as 'the last wilderness' may be challenged in future by increased activities provided by the melting of the sea ice. The fragile ecosystems and habitats may come under threat. In this article the international law on conservation and sustainable use of marine biodiversity is explored where the ecosystem approach has been developed, and these legal and semi-legal norms are related to the marine Arctic. Particularly challenging is to implement the ecosystem approach within the maritime jurisdiction. Although still a wilderness, state practice indicates that implementation will not be any easier in the Arctic, and that it will not become a laboratory for new legal regimes. Most likely sectoral regulatory regimes will be extended or developed as different threats materialize. One of the main challenges will be to ensure proper coordination between these to apply the ecosystem approach.Keywords: Arctic, international environmental law, biodiversity, law of the seaCitation: Arctic Review on Law and Politics, vol. 1, 2/2010 p. 249-278. ISSN 1891-6252

(Published: November 2016)Citation: T. Henriksen and Ø. Ravna. ''Stewardship, Transformational Change, and Regime Shifts in the Arctic.'' Arctic Review on Law and Politics, Vol. 7, No. 2, 2016, pp. 109–110. http://dx.doi.org/10.17585/arctic.v7.580

Introduction / Nengye Liu, Elizbeth A. Kirk and Tore Henriksen -- Formulating a cross-cutting policy : challenges and opportunities for effective EU Arctic policy-making / Adam Stepien and Timo Koivurova -- The EU crossing Arctic frontiers : the Barents Euro-Arctic Council, Northern dimension, and EU-West Nordic relations / Alyson J.K. Bailes and Kristmundur Olafsson -- Strengthening the European Union : Greenland's relationship for enhanced governance of the Arctic / Mar Campins Eritja -- Partners or rivals' Norway and the European Union in the High North / Andreas Osthagen and Andreas Raspotnik -- Searching for common ground in evolving Canadian and EU Arctic strategies / P. Whitney Lackenbauer and Suzanne Lalonde -- Russian Arctic policy, petroleum resources development, and the EU : cooperation or coming confrontation? / Tina Hunter -- Gauging US and EU seal regimes in the Arctic against Inuit sovereignty / Michael Fakhri -- The European Union and Arctic shipping / Henrik Ringbom -- The European Union's potential contribution to the governance of high sea fisheries in the Central Arctic Ocean / Nengye Liu -- On thin Ice, Arctic indigenous communities, the European Union, and the sustainable use of marine mammals / Martin Hennig and Richard Caddell -- Joint approaches and best practices : an integrated and coherent EU Arctic policy in support of Articles 208 and 214 UNCLOS / Henning Jessen -- Conclusion / Nengye Liu, Elizabeth A. Kirk and Tore Henriksen

The European Union and the Arctic examines the roles the EU can and should play in shaping Arctic governance to ensure sustainable development in the Arctic region. Readership: The target audience of the book includes academics, practitioners working in NGOs, international organizations, EU institutions, national governments of Arctic States and non-Arctic States with strong interests in the Arctic.

The law of maritime delimitation has been mostly developed through the case law of the International Court of Justice and other tribunals. In the past decade there have been a number of cases that raise questions about the consistency and predictability of the jurisprudence concerning this sub-field of international law. This book investigates these questions through a systematical review of the case law on the delimitation of the continental shelf and the exclusive economic zone. Comprehensive coverage allows for conclusions to be drawn about the case law's approach to the applicable law and its application to the individual case. Maritime Boundary Delimitation: The Case Law will appeal to scholars of international dispute settlement as well as practitioners and academics interested in the law concerning the delimitation of maritime boundaries

1 Introduction by Giuseppe Cataldi -- Part I - The Role of the International Organizations in the Implementation and Development of the Law of the Sea: 2 Implementation of the Rules of the UNCLOS through Universal and Regional Organizations by Mariko Kawano -- 3 International Organizations and the Protection of the Marine Environment by Pradeep A. Singh -- 4 The Arctic Ocean: Are we Ready to Govern a New Ocean? by Timo Koivurova, Stefan Kirchner and Pirjo Kleemola-Juntunen -- 5 Regional Fisheries Management Organizations by Erik J. Molenaar -- 6 Considerations on Some Global Institutional Challenges within the Context of the Conservation and Management of Marine Living Resources by Fernando Correia Cardoso -- 7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in Indonesian Waters by Dita Liliansa -- 8 Sea-Level Rise in Relation to International Law: A New Topic for the United Nations International Law Commission by Patrícia Galvão Teles -- 9 Sanctions at Sea: The UN Security Council's Impact on Commercial Shipping Activities by Richard L. Kilpatrick -- 10 Security Council's Contribution to the Evolution of the Law of the Sea: Avant Garde or Self-limitation? by Kiara Neri -- 11 The Challenges of the Commission on the Limits of the Continental Shelf by Aldino Santos de Campos -- 12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement the UN Convention on the Law of the Sea by Anastasia Telesetsky -- 13 Maritime Surveillance of the EU External Sea Borders: Extensive Approaches and Operational Challenges to the Principles of Coastal and Flag State Jurisdiction in Italy by Marco Fantinato -- Part II – Superpowers, International Courts and the Law of the Sea: Challenges for the Global Oceans Regime: 14 Stakeholders in Dispute Settlement under the UN Convention on the Law of the Sea by Natalie Klein -- 15 The Legal Status of the São Pedro and São Paulo Archipelago in Light of Article 121 of UNCLOS and the South China Sea Arbitral Award: Uncontested Right to EEZ and Continental Shelf or Brazilian "Creeping Jurisdiction"? by Victor Ventura and Eduardo Cavalcanti Filho -- 16 Implementing the Law of the Sea: Russia and Arbitrations under Annex VII to UNCLOS by Grant Kynaston and Rebecca Brown -- Part III – The Protection and Conservation of the Areas Beyond National Jurisdiction: Where Do We Stand?: 17 The Conservation and Sustainable Use of Areas Beyond National Jurisdiction: Where Do We Stand? by Miguel de Serpa Soares -- 18 Regulating the Common Heritage of Mankind: Challenges in Developing a Mining Code for the Area by Hannah Lily and Stephen E. Roady -- 19 Three Structural Pillars of the Future Internationally Legally Binding Instrument for the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction by Otto Spijkers, Catherine Blanchard and Wen Duan -- 20 The European Union and the Future International Legally Binding Instrument on Marine Biodiversity Beyond National Jurisdiction by Pascale Ricard -- 21 The EU and the UN Legally-Binding Instrument on the Areas Beyond National Jurisdiction by Luigimaria Riccardi -- 22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign Rights over the Continental Shelf Beyond 200 Nautical Miles by Inês Aguiar Branco -- 23 North East Atlantic Marine Protected Areas Beyond National Jurisdiction. Geographical and Material Scope by Marta Sobrido-Prieto.

The changing maritime Arctic and new marine operations / Lawson W Brigham -- The Arctic, the Arctic Council, and the law of the sea / Erik J Molenaar -- The rights, interests and role of the Arctic Council permanent participants / Dalee S Dorough -- The IMO, its role under UNCLOS and its polar shipping regulation / Aldo Chircop -- The polar code and its adequacy / J Ashley Roach -- Russia / Jan J Solski -- Canada and the United States / Donald R Rothwell -- Norway, Denmark (in respect of Greenland) and Iceland / Tore Henriksen -- Rights, interests, positions and practices of Asian flag states, with special reference to the Republic of Korea / Deukhoon (Peter) Han and Sung-Woo Lee -- Equal treatment and non-discrimination for user states / Guifang (Julia) Xue and Yu Long -- The rights and interests of Japan in regard to Arctic shipping / Kentaro Nishimoto -- The cooperative mechanism for the straits of Malacca and Singapore / Robert C Beckman and Sun Zhen -- Oil spill preparedness and response--the Singapore experience / Captain M Segar -- Conclusions on challenges and prospects for enhanced cooperation on the governance of Arctic shipping / Robert C Beckman, Tore Henriksen, Kristine Dalaker Kraabel, Erik J Molenaar andJ Ashley Roach