Indices of national interest in the oceans

Abstract

Each of the 148 independent States of the world has a particular set of interests in the oceans; these interests are reflected in policies regarding the international law of the sea. By analyzing the nature of national marine interests it is possible both to develop a generalized model which can be applied to any one of the world's countries, and to divide States into groupings, depending on their physical, economic, historic or other characteristics with respect to the marine environment. The four basic components of the national marine interest are accessibility, investment, dependence and control. These components are important to an understanding of the positions of the 30 land‐locked, 20 shelf‐locked and 98 other countries in current and upcoming law of the sea negotiations.     

Brazil at the third United Nations conference on the law of the sea

Abstract

As Brazil began to emerge as a major power in the years leading up to theThird United Nations Conference on the Law of the Sea (UNCLOS III), national ocean policy came to have a quite continuous, distinctive impact on global law of the sea negotiations. Brazil's participation at UNCLOS III offers a particularly good vantage point from which to analyze its more prominent international role as an emerging major power, its related growth as a maritime power, and its significant contribution to international organization.

UNCLOS III, in turn, affects Brazil. The broad implications of the emerging ocean order for both national and international jurisdiction issues, within which Brazilian ocean policy must operate, are analyzed. Brazil's distinctive position as an emerging power between the industrialized countries and the Third World has conditioned its involvement at UNCLOS III. As a developing state, Brazil has favored revision of the traditional order for the purpose of redressing the balance with the developed states. At the same time, as an emerging power, Brazil has an interest in supporting a stable, open international order. In spite of such policy dilemmas, Brazil stands out as one of the few big potential winners in the Third World from both the seabed and non‐seabed portions of the law of the sea negotiations.     

New concepts in the law of the sea

Abstract

Current ocean law negotiations reflect conflicts between two old and competing approaches: the view that the coastal state should control activities in any large adjacent ocean area, and the view that most of the ocean should be left open to the free use of all nations. Both approaches are laissez‐faire, leave the distribution of benefits to arbitrary factors, and are based on national exclusivity. In the negotiations this conflict is exhibited in competing claims regarding navigation, mineral resources, fishing, environmental protection, and strategic uses. A possible resolution has emerged in the concept of the whole ocean as a common resource of humankind, according to which no individual state has a right to benefit from the ocean except pursuant to arrangements sanctioned by the community, and rights to benefit are determined not arbitrarily but by membership in the community. The regime now likeliest to be produced by such an approach includes (1) a narrow territorial sea and various navigation guarantees, (2) a wide coastal band coupling coastal state managerial functions with permanent international prerogatives, and (3) purely international manage‐ment of the deep seabed.     

Science,sovereignty, and the third law of the Sea Conference

Abstract

The international law of marine scientific research is currently in flux. Efforts are under way at the Third Law of the Sea Conference to produce a treaty that, among other things, would make the law of research more uniform and certain. Sortie areas of disagreement certainly still exist in the Conference negotiations. Nonetheless, the negotiations have produced proposed treaty provisions concerning the law of research that have met with substantial approval. At this point, it does not appear likely that the Conference will produce major alterations in the main body of these provisions. These proposed treaty provisions indicate the future direction the law of research will take. Even if a workable treaty does not result from the negotiations, these provisions will undoubtedly inform customary international law. This article examines both the areas of agreement and the areas of disagreement at the Third Law of the Sea Conference in an effort to understand the probable future legal regime under which marine scientific research will be conducted.     

The development of european regional law of the sea

Abstract

The development of regional law of the sea may be more practical than a new global order for the oceans and may be preferable to the extension of national maritime jurisdictions.

The Common Market has taken two important steps towards creating a European system of maritime law: The Common Fisheries Policy and the EEC Commission's decision of 10 September 1970 to apply the Common Market treaty to the continental shelf. The Common Fisheries Policy of 20 October 1970, opened national territorial waters within the EEC to all Community fishermen and provided the foundation for the generation of Common Market fishing policy. The continental shelf decision brought the exploration and exploitation of hydrocarbons on the shelf within EEC regulations and supervision.

The EEC has begun to co‐ordinate European Law of the Sea negotiations for the Santiago Conference.

Other European organizations (the Bow Group, the Council of Europe, and the Western European Union) have proposed various non‐EED regimes for maritime legislation and co‐operation, but no such non‐EEC proposal seems likely to be implemented. The future of European law of the sea lies with the Common Market which can make an important contribution to European maritime order and provide a model of regional co‐operation for other areas of the globe.     

Marine scientific research under emerging ocean law

Abstract

The traditional “fifth freedom”; of the high seas—freedom of scientific research—has been considerably eroded by recent coastal state claims to 200‐mile offshore zones. Insofar as these claims include competence to regulate marine scientific research, they are about to be endorsed in the adoption of a new Law of the Sea Convention by the Third U.N. Conference on the Law of the Sea. The author assesses the significance of the claims and examines the features of the “consent regime”; established through the negotiations at the Conference.     

The role of African states in the development of the law of the sea at the third United Nations conference

Abstract

This interpretation of the role of African states in the development of the law of the sea at UNCLOS III analyzes relevant economic and political factors behind policy decisions. First, an analysis is made of the economic factors. The African states are developing states and share the common problems of lack of financial resources, dependence on raw material exports, and lack of managerial and technical skills. As members of the Group of 77, they adopt a common approach to the powers of the International Sea‐bed Authority, the economic zone, scientific research, and transfer of technology. However, there are great divergencies among the African states in natural resources and rate of development; divergent interests have emerged between the coastal states and the landlocked ones, and these differences are reflected in negotiating positions. The major political element dominating the approach of the African states is the colonial heritage of the great majority and their becoming independent in the period between the 1958/60 Conferences and UNCLOS III. This common political background has contributed to the strong cohesion of the African Group and its adherence to a group position throughout the negotiations, despite the divergent economic interests of individual states.

The positions of the African states are analyzed in depth, from the Sea‐bed Committee through the 6th Session of UNCLOS III. One of the major contributions made by the African states to the law of the sea is the development of the economic zone concept, which is essentially different from the extension of the territorial sea proposed by some other developing states, and from the continental shelf concept. The African provision made for participation by landlocked states in access to the living resources of the zone is also an important innovation, which promises a radically new approach to resource management. Finally, the impact made by the African states is examined in the context of the development of a New Economic Order. The law of the sea is seen as one aspect of the global problem of allocating benefits from world resources towards the developing states, and redressing the balance between the industrialized and the developing nations.     

Chile's Presential sea proposal: Implications for straddling stocks and the international law of fisheries

Abstract

Despite rapid evolution in international fisheries law and establishment of the exclusive economic zone (EEZ), straddling stocks still remain susceptible to heavy harvesting in high seas areas by distant‐water fishing states there by undermining coastal state management. The notion mar presencial (presential sea) has recently been proposed by Chile as a solution for the problem of straddling stocks. The presential sea concept was nationally designed and promoted to curtail such foreign fishing in areas adjacent to Chile's EEZ. This article examines the presential sea as a geostrategic concept, its justification for being, and the question of its permissibility under contemporary international fisheries law. Attention is also given to recent international developments that challenge the legal viability of the presential sea concept. The authors conclude that if this concept were to be widely adopted by coastal states, the traditional freedom to fish on the high seas might be severely compromised. The preferable legal solution is to work within the parameters set out by the 1982 UN Convention on the Law of the Sea, more particularly through bilateral negotiations between coastal states and fishing states, as well as regional fishery commissions that could manage activities in the region.     

Deciphering the Nnorth Korean‐Soviet (Russian) maritime boundary agreements

Abstract

North Korea and the Soviet Union delimited their land and sea boundaries in two treaties, signed in 1985 and 1986. A warming bilateral relationship, joint plans to develop an economic zone near the Tumen River land boundary, and the desire to exploit marine resources, especially offshore oil, probably accelerated the negotiations. The two countries’ straight baseline claims affected the bearing of the negotiated boundaries. The territorial sea boundary may have given half‐effect to the natural coastline, and inexplicably, its terminus falls short of extending a full 12 nautical miles from the respective straight baseline claims. The 1986 continental shelf/exclusive economic zone boundary reflects the baselines and appears to delimit the South Korea—Soviet Union continental shelf, as well as the tri‐point with Japan. It ignores the presence of Liancourt Rocks (Takeshima/Tok‐do), islets disputed between Japan and South Korea. Neither South Korea nor Japan has publicly commented on the treaties.     

Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction

Abstract

Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.     

The World Maritime University—Sasakawa Global Ocean Institute: A New Institute in a Unique University

Abstract

Building capacity in ocean affairs, the law of the sea, and marine scientific research in relation to the needs of developing countries is an integral part of the U. Convention on the Law of the Sea and associated instruments, including the International Maritime Organization (IMO) treaty regime. This article traces the development of capacity-building initiatives at the World Maritime University (WMU) over the past three decades, including the establishment of the WMU–Sasakawa Global Ocean Institute in 2018. The establishment of the new institute should be viewed within the wider context of the extraordinary philanthropy of the Sasakawa Peace Foundation and the Nippon Foundation in building human resource capacity and in supporting advanced academic research on complicated and contentious ocean issues. The article describes the extensive consultation process that informs the research, education, and capacity development agenda of the new institute, including work on the ocean-related goals of the 2030 Agenda for Sustainable Development.     

The Vital Role of Non-Flag State Actors in the Pursuit of Safer Shipping

Abstract

If fishery resources are to be properly managed, decision makers must be provided with good scientific advice. Most countries do not at present have the capacities to provide this advice without assistance. The steps required to make this advice available include a proper choice of institutional arrangements, identification of priorities (in which collection of data ranks high), attraction of scientists into the fishery field and their subsequent training in specialized fishery subjects, and closer cooperation between countries interested in the same resource. Some forms that this training and regional cooperation could take are discussed. There are particular problems for small countries (whether developed or not) who in the foreseeable future cannot build up a large‐scale multidisciplinary fishery‐research institute, but yet require scientific advice on important national fisheries.     

Biological control and the Nagoya Protocol on access and benefit sharing – a case of effective due diligence

ABSTRACT

Biological control agents must be collected and utilised in compliance with the Nagoya Protocol on Access and Benefit Sharing (ABS) which is being implemented independently by each country that is signatory to the Protocol. By March 2018, 50 countries had legislation in place with an additional 54 designing their Legislative, Administrative or Policy Measures having become Party to the Protocol. Apart from the problem of dealing with the many different mechanisms countries are putting in place, it is often difficult to find relevant information on the ABS Clearing House and to access and receive appropriate responses from the National Focal Points or Competent National Authorities. We feel that a lot of time is lost on both sides (National authorities and scientists seeking information), and the process would benefit from streamlining. Also, open questions remain, such as how to deal with the generation digital sequence information and what specific activities are considered utilisation, especially for biological control. CABI has pro-actively developed an ABS policy and best practices for its staff to try and comply with the Nagoya Protocol. In addition, CABI has started negotiations with several provider countries, beginning with its member countries, to have its ABS policy and best practices recognised, considering the non-monetary benefits typically associated with biological control. The Nagoya Protocol was born out of the necessity to guarantee the fair and equitable sharing of benefits arising from the utilisation of genetic resources. However, it should not hinder the development of best practice solutions to protect exactly these genetic resources from threats like invasive species. It is important that research and development that addresses global societal challenges are not impeded and that science and its output are recognised as a way to preserve and use genetic resources in an equitable way.     

Research ethics guidelines and moral obligations to developing countries: Capacity‐building and benefits

This article outlines challenges to benefitting developing countries that are hosts of international research. In the context of existing guidance and frameworks for benefit‐sharing, it aims to provoke dialog about socioeconomic factors and other background conditions that influence what constitute benefits in a given host setting, and about the proportionality between benefits to hosts and benefits to sponsors and researchers. It argues that capacity‐building for critical thinking and negotiation in many developing country governments, institutions, and communities is a benefit because it can help to overcome background conditions that impinge on equitable international research negotiations, partnerships, and benefits. Enhancing the capacity for both critical thinking and negotiation can, like other targets of capacity‐building, nurture respectful and trusting partnerships that benefit all stakeholders in international research.     

Mediterranean pollution: Problem and response

Abstract

International efforts aimed at control of pollution of the Mediterranean Sea are unique in the extent to which politically diverse coastal states and a wide variety of international agencies are implementing cooperative programs of scientific research, education and training, planning, and treaty drafting. Continuing environmental cooperation in the Mediterranean reflects the political utility of pollution as a regional issue. Governments, the Mediterranean scientific community, and international organizations derive common benefits from maintaining the momentum of the United Nations Environment Programme‐sponsored activities, despite declining global interest in environmental concerns.     

Canada and the law of the sea

Abstract

This paper gives a compact overview of Canadian policy on the law of the sea. Section I looks at Canada's maritime attributes, and the policy interests which arise from them. Section II describes the development of Canada's policy in ten issue areas, and examines the outcomes for Canadian diplomacy at UN‐CLOS. Section III covers the strategy and technique used by Canada in pursuit of its law of the sea objectives, and explores five reasons underlying its high level of influence and success. The conclusions consider Canada as a case study of middle‐power influence, and look at the role of unilateral action in the process of international law‐making.     

An interpretation of the Geneva proceedings—part I

Abstract

This interpretation of the second substantive session of the Third United Nations Conference on the Law of the Sea is based on observations of the Plenary, General Committee, Committees I, II, and III, and their Working Groups from 7 April to 9 May 1975 in Geneva. The observations are supplemented with information derived in multiple interviews with sixty‐seven delegates from twenty‐nine delegations. Part I of the paper describes general characteristics of the Geneva negotiations and compares them with the first round of substantive negotiations held in Caracas in 1974. There was much less rhetoric used in Geneva as compared to Caracas, especially in Committee I. Also in Committee I, the Algerian delegation succeeded within the Group of 77 in their initiative to link the seabed issue with the problem of control over global commodities in the context of claims to establish a New Economic Order. The negotiations in Committee II were seriously affected by the absence of effective leadership and the proliferation of small negotiating groups without links between them. Moreover, within Committee II the tension between the coastal states and the “Disadvantaged Group”; within the Group of 77 increased almost to the point of rupture.

As negotiations proceeded in Committee I, the gap between the advanced industrial countries and the Group of 77 widened on a number of crucial issues. This gap increased to the point where delegates from the Group of 77 were privately arguing that the seabed issue had been added to the issue of the Economic Zone as the price for the major maritime countries securing their preferences on the issue of unimpeded passage through straits used for international navigation. The Informal Single Negotiating Text, Part I, which was distributed at the end of the Geneva session, was different in several important respects from the text on which a consensus had been privately negotiated. This stimulated the expression of views within the delegations of several advanced industrial countries that the price of agreement on a treaty was currently too high.     

Radwaste at sea: A new era of polarization or a new basis for consensus?

Abstract

A coalition of third world nations, led by the Pacific island countries and those European nations who have developed land‐based disposal programs for their radioactive wastes, seek to amend the London Convention on Dumping (the international treaty controlling ocean disposal of radioactive and other wastes) in order to ban ocean disposal of low‐level radioactive wastes. Pro‐dumping nations maintain that the treaty may only be amended based on science and that current scientific research indicates that low‐level waste represents neither a threat to the integrity of the marine environment nor human health. Anti‐dumping nations, on the other hand, argue that the same science, particularly the models used to predict the fate and the effects of these wastes, exhibits sufficient uncertainty to preclude judgments about the absence of harm from future disposal activities. These differing conclusions mirror differing assessments of risk. These assessments build on the differing social, political, and economic values placed on use of the ocean and on conflicting conceptions of the fundamental rights and obligations of nations whose use of the ocean may impinge on the resources of others. Each side's continued intransigence may result in unilateral ocean disposal activities with serious consequences for the London Convention on Dumping (LDC) and its control over other wastes transported to sea for disposal. Initiatives of anti‐dumping nations to expand the LDC's decision‐making framework to examine the social, economic, and political issues underlying each side's interpretation of scientific evidence offer hope to address the underlying non‐scientific issues and perhaps to strengthen decision‐making within the LDC.     

China's jurisdiction over its offshore petroleum resources

Abstract

The recent promulgation of China's offshore petroleum regulations has attracted worldwide attention. The law is of particular importance to foreign investors due to possible massive involvement of foreign interests in China's biggest oil venture. However, the success of this multi‐billion‐dollar offshore oil development program hinges on a single issue: to what extent does China have the sovereign rights over its offshore mineral resources?

The aim of the present paper is to: (1) Review China's position on the continental shelf regime; (2) Discuss China's maritime boundary problems with its coastal neighbors in light of the new law of the sea; (3) Analyze China's options under the status quo in the region; and (4) Note briefly China's oil development policy based on the new offshore regulations.     

International survey on the use and welfare of zebrafish Danio rerio in research

A survey was conducted regarding zebrafish Danio rerio use for scientific research with a focus on: anaesthesia and euthanasia; housing and husbandry; breeding and production; refinement opportunities. A total of 98 survey responses were received from laboratories in 22 countries in Europe, North America, South America, Asia and Australia. There appears a clear and urgent need to identify the most humane methods of anaesthesia and euthanasia. Aversive responses to MS‐222 were widely observed raising concerns about the use of this anaesthetic for D. rerio. The use of anaesthesia in fin clipping for genetic identification is widely practised and there appears to be an opportunity to further develop less invasive methods and refine this process. Optimization (and potentially standardization) of feeding is an area for further investigation. Given that diet and body condition can have such profound effects on results of experiments, differences in practice could have significant scientific implications. Further research into transition between dark and light phases in the laboratory appears to represent an opportunity to establish best practice. Plants and gravel were not considered practical by many laboratories. The true value and benefits need to be established and communicated. Overproduction is a concern both from ethical and financial viewpoints. There is an opportunity to further reduce wastage of D. rerio. There are clear concerns and opportunities for the scientific community to work together to further improve the welfare of these important laboratory models.