A Note on and a Proposal with Respect to the Transportation of Nuclear Cargoes in International Straits

The adoption of an international agreement to create a regime of prior communication and cooperation in the establishment of a precautionary contingency plan for nuclear spills for straits used for international navigation is vital as the peaceful uses of nuclear energy continue to be attractive to states, including Asian states, as a component of a sustainable energy strategy. With the expected rise in nuclear commerce for peaceful purposes, the need for a comprehensive framework for nuclear cargoes and wastes exists and this includes suitable response action plans for nuclear spills. The international instruments adopted by the International Maritime Organisation and the International Atomic Energy Agency provided a framework for the safe and secure carriage of nuclear materials from, other things, piracy, terrorism and sabotage. This article focuses on the movement of vessels carrying nuclear cargoes and wastes through the territorial sea waters of international straits and the necessary relationship that should exist between the vessels and the adjacent coastal States.     

The Economics of International Cooperation in the Apprehension and Prosecution of Maritime Pirates

Article 100 of the UN Convention on the Law of the Sea requires parties to “cooperate” against maritime piracy, but how this cooperation is to be achieved is undefined. Enforcement is a public good—creating uncompensated benefits for others, thus suffering from free rider problems. The analysis in this article explains why more pirates captured are released than prosecuted, why the United Nations and the International Maritime Organization are seeking to reduce enforcement costs, why some in the shipping industry want to apply the 1988 Convention Against Terrorism at Sea, and why still others want to move prosecution of pirates from national courts to an international court.     

Maritime Security in the South China Sea: Coordinating Coastal and User State Priorities

Maritime security concerns in the South China Sea are increasing for several reasons: higher volumes of shipping traffic, protection of exclusive economic zone resources, piracy, terrorist threats, greater international scrutiny of ports and shipping, and the modernization of regional naval and coast guard forces. Coastal states and international user states have many overlapping interests in the South China Sea, for example, in promoting safe navigation through its busy sea-lanes. On other issues, in particular, antipiracy or anti-maritime terrorism measures, they have different views about the seriousness of the threats and the responses necessary to address them. This article examines the convergent and divergent maritime security interests of coastal states (China, Indonesia, Malaysia, and Singapore) and international user states (Australia, India, Japan, and the United States) in the South China Sea. It finds that multiple stakeholders pursuing diverse interests have yet to close the gap between goals and means of achieving maritime security.     

Options to Combat Maritime Piracy in Southeast Asia

Modern maritime piracy has become one of the major threats to safety at sea. How to combat maritime piracy in Southeast Asia effectively is the major concern of this contribution. It is argued that some form of government cooperation involving most of the governments of the Southeast Asian region is the best way to combat maritime piracy, although it is not an easy task due to various political, economical, and historical reasons. A unilateral and expedient arrangement by one or a few governments to combat maritime piracy may be convenient but may also encounter resistance or raise suspicion from other governments.     

Ships in Distress,Environmental Threats to Coastal States,and Places of Refuge: New Directions for an Ancien Regime ?

Places of refuge for ships in distress is a topic before the International Maritime Organization as a result of several recent well-publicized refusals by maritime authorities of coastal states to allow such ships to enter sheltered waters within national jurisdiction. The traditional right of refuge of the crew, ship, and cargo is pitted against threat perceptions held by coastal states resulting in a "not in my backyard" syndrome. Instances of modern state practice seem to restrict the right of refuge to a purely humanitarian dimension. There is a need to reevaluate the right of refuge and to establish a system of places of refuge on the basis of regional cooperation to counter the potential threat of stricken ships that are unable to effect necessary repairs in sheltered areas within national jurisdiction.     

Compulsory Pilotage in International Straits: The Torres Strait PSSA Proposal

At a time when the International Maritime Organisation's (IMO) Particularly Sensitive Sea Area (PSSA) concept is under intense scrutiny by IMO member states, Australia and Papua New Guinea jointly proposed an extension to the existing Great Barrier Reef PSSA to include the waters of the Torres Strait. As a measure to protect this PSSA, a compulsory pilotage regime was proposed for adoption by the IMO. This article analyzes the Torres Strait proposal and, in particular, the reaction by many IMO member states to the proposal for compulsory pilotage in a strait used for international navigation. Consideration is given to the legal basis for such a measure and the options available to the proposing states to implement a pilotage regime in the Torres Strait.     

Critical review of the IMO international convention on the management of ships’ ballast water and sediments

The International Maritime Organization (IMO), the United Nations body which administers the international regulatory regime for shipping, noted the negative impact of non-indigenous organisms transported in the ballast water of ships already in the early 1970s. Consequently, measures were taken with the aim to minimize ballast water mediated species invasions through IMO Marine Environmental Protection Committee (MEPC) Resolutions. As a result of long-term IMO efforts, it was determined that an international convention would best meet the needs of the global community, hence the International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted in a Diplomatic Conference in 2004 and is now open for signature by IMO Member States. This very complex (and by no means “simple”) Convention aims to reduce the transfer and subsequent impact of aquatic organisms in the ballast water and sediment of ships by acting to reduce the load of these organisms in discharged ballast water. A set of 15 guidelines provides technical guidance for the implementation of the Convention principles. This review considers critical aspects of this Convention and selected guidelines seen from perspectives of biological, shipping and regulatory concerns.     

Piracy and Privateers in the Golden Age: Lessons for Today

Customary international law has governed high seas piracy for many centuries and is now codified in the United Nations Convention on the Law of the Sea (LOSC). In this article, we discuss the reasons why enforcement against piracy today is less effective than three hundred years ago. We contend that crime, including the crime of piracy, can be modeled as a rational choice that is responsive to expected rewards and punishments. Based on this view, we argue that three hundred years ago, the free rider problem resulting from enforcement on the high seas was less prevalent than it is today because seaborne trade was more concentrated in the vessels of a few countries, making enforcement more like internal than international policing. The persistence of piracy today also stems from a continuing low probability of capture coupled with lenient punishments. In addition to enforcement differences, we contrast the sources of piracy in the two eras—in the earlier period, the end of privateering led many privateers to engage in piracy, whereas today, the main source of pirates in the Western Indian Ocean is the existence of a “failed state,” and off West Africa and South East Asia pirates are common criminals.     

Regulating Autonomous Ships—Concepts,Challenges and Precedents

Abstract

The article seeks to contribute to the development of a conceptual framework for the ongoing regulatory discussions on autonomous ships at the International Maritime Organization (IMO). It elaborates on the distinction between the level of autonomy and the level of manning and highlights the sliding scale that features in both. Certain building blocks that are needed for regulating autonomous ships are identified, followed by an assessment of how key existing IMO rules deal with the challenges and an analysis of available precedents. The conclusion is that the on-going exercise is unique, almost without precedent, and that the work that has just started at IMO, so far at least, fails to address the most important—and complex—regulatory challenges.     

The Robin Hood Narrative: A Discussion of Empirical and Ethical Legitimizations of Somali Pirates

The pirates of Somalia pose a major challenge for the international community, both economically and morally. Somali pirates try to legitimize their actions by reference to a number of arguments that appeal to the international community. Allegedly, the illegal fishing and waste dumping in Somali waters were the triggers for piracy. Hence, the pirates want to protect their coasts. These various strands form the so-called legitimacy Robin Hood narrative. In this article, this narrative is critically examined. The analysis includes a discussion of justice theories and related claims based on the works of John Rawls and Thomas Pogge. This is followed by a discussion of the justification of violence using Nicholas Fotion's irregular just war theory.     

Harmonizing extended zone legislation in southeast asia

Abstract

The extension of national jurisdictions up to 200 nautical miles out to sea creates new opportunities for cooperation among nations in regions such as Southeast Asia. One approach to cooperation is for nations of the region to work toward harmonizing their national laws relating to the management of their extended zones. Harmonization may be defined as the deliberate alignment of the laws of different nations for the purpose of fulfilling their national interests.

In Southeast Asia there are opportunities for harmonization in most of the major ocean use sectors. In fisheries, for example, standardized laws might be established regarding the licensing of foreign fishing vessels for access to Southeast Asian waters. In shipping, agreed standards could be applied to expedite shipping between ports of the region as well as for traffic to and from the region. In environmental protection, uniform standards could be established for monitoring for pollution. Harmonization may be especially useful where issues are international in character but the concerned nations are reluctant to create any new international management body.     

Regional Maritime Regime Building: Prospects in Northeast and Southeast Asia

Maritime issues are rising to the forefront of Asian security concerns. But maritime management regimes can constrain conflict and create confidence in co-operation. Such regimes can define the range of permissible state behavior and resolve dilemmas stemming from the sharing of common resources. Regimes originate through imposition, spontaneous processes, or negotiation and are supplied when there is sufficient demand for the functions they perform. Integrative forces that support regime formation are the existence of other international arrangements in the region; ethnic, cultural, or historical interstate relationships; and clear indications of benefits to be gained. Often a shock or crisis enhances regime formation or its robustness. Disintegrative forces include political or territorial differences, competition for leadership, and opposition to regionalism. In regional co-operation on maritime issues, Southeast Asia is clearly more advanced than Northeast Asia. However, the absence of robust multilateral maritime regimes in Asia reflects state perceptions that the costs outweigh the benefits. The primacy of dis-integrative factors argues strongly for an ad hoc, issue-specific, evolutionary process for multilateral maritime regime building in Asia.     

Coastal and Port Environments: International Legal and Policy Responses to Reduce Ballast Water Introductions of Potentially Invasive Species

Marine transportation moves the vast majority of cargo volume in international trade. Ballast water loaded in one port to stabilize ships for a safe voyage contains local aquatic species that are later discharged into other ports, where they are potentially invasive and can cause ecological, socioeconomic, and human health consequences. This article discusses the new Global Ballast Water Convention, what the Convention suggests about the International Maritime Organization (IMO), and its relationship to the United Nations Convention on the Law of the Sea. The article also considers implementation of the Ballast Water Convention by presenting a decision support model that allows regulators to explore tradeoffs between costs and benefits of new technologies and derive optimal reductions of ballast-water-borne biological pollutants.     

石油污染对海洋浮游植物群落生长的影响

为了解石油污染对海洋浮游植物的慢性毒性影响,运用实验生态学手段,在不同季节对采自浙江省乐清湾的浮游植物进行原油污染慢性(15 d)毒性效应研究。通过对浮游植物叶绿素a(chla)和细胞密度的测定,发现高浓度(≥2.28 mg/L)原油胁迫对浮游植物的生长有极显著抑制作用(P＜0.001),表现为浮游植物chla和细胞密度下降;低浓度(≤1.21 mg/L)不会抑制浮游植物生长,反而可促进其生长。各个季节原油对浮游植物的慢性毒性效应存在差异,表现为不同自然水温下浮游植物对原油胁迫的耐受性不同,夏季浮游植物对油污染的耐受性较冬季差。浮游植物chla和细胞密度有极显著的正相关性(P＜0.001)。石油污染对浮游植物的影响随培养时间延长存在差异,培养后期石油烃逐渐在水中降解,低浓度试验组中浮游植物可恢复生长。     

The conflict between petroleum production,navigation and fisheries in international law

Abstract

Growing offshore oil activity and new technology have resulted in increased interference with traditional uses of the sea, such as fishing and navigation. This article discusses where oil production is prohibited, the extent of safety zones and the removal of installations after use. These questions are examined on the basis of the 1958 Continental Shelf Convention, the 1982 Law of the Sea Convention and state practice. When assessing this multiple use conflict, the different legal regimes for the continental shelf, fishing and navigation must be harmonized. “Creeping jurisdiction”; in state practice and the handling of these questions in the International Maritime Organization are also examined.     

Compulsory Pilotage in the Torres Strait: Overcoming Unacceptable Risks to a Sensitive Marine Environment

This article explores arguments about the international legality of compulsory pilotage in the Torres Strait. Although the measure has been opposed by some user states because the Torres Strait is a strait used for international navigation, Australia and Papua New Guinea believe compulsory pilotage is necessary to overcome the risks posed by unpiloted shipping passing through the hazardous waters. The good health of the marine environment in the Torres Strait is essential, particularly for the well-being of indigenous peoples of the area. The article concludes that compulsory pilotage in Torres Strait reflects the obligations of both the user and border states to preserve and protect the marine environment and has support in international law.     

Pandemic Serotypes of Vibrio cholerae Isolated from Ships’ Ballast Tanks and Coastal Waters: Assessment of Antibiotic Resistance and Virulence Genes (tcpA and ctxA)

There is concern that ships’ ballasting operations may disseminate Vibrio cholerae to ports throughout the world. Given evidence that the bacterium is indeed transported by ships, we isolated pandemic serotypes O1 and O139 from ballast tanks and characterized them with respect to antibiotic resistance and virulence genes ctxA and tcpA. We carried out concurrent studies with V. cholerae isolated from coastal waters. Of 284 isolates, 30 were serotype O1 and 59 were serotype O139. These serotypes were overrepresented in ballast tanks relative to the coastal waters sampled. All locations, whether coastal waters or ballast tanks, yielded samples from which serotype O1, O139, or both were isolated. There were three groups among the 62 isolates for which antibiotic characterization was conclusive: those exhibiting β-lactamase activity and resistance to at least one of the 12 antibiotics tested; those negative for β-lactamase but having antibiotic resistance; those negative for β-lactamase and registering no antibiotic resistance. When present, antibiotic resistance in nearly all cases was to ampicillin; resistance to multiple antibiotics was uncommon. PCR assays revealed that none of the isolates contained the ctxA gene and only two isolates, one O139 and one O1, contained the tcpA gene; both isolates originated from ballast water. These results support the bacteriological regulations proposed by the International Maritime Association for discharged ballast water.     

Invasive species in Southeast Asia: the knowledge so far

This review deals with alien species invasion in Southeast Asia, an important conservation and management concern in the region. I report on the current and potential future impacts of biological invasions on biodiversity in Southeast Asia. Current knowledge of the invasive species in Southeast Asia is mostly based on anecdotal observations. Nevertheless, I attempt to compile existing empirical evidence on the negative effects of the biological invaders found in the region. These impacts include displacement of native biota, modification of ecosystems, hybridization, environmental disturbance, and economic loss. Any effective counter-measure will need to involve a multi-national strategy, yet such measure is challenging due to a broad spectrum of political and economic development models among the Southeast Asian countries. An overview of the taxonomic structure of the invasive species in Southeast Asia shows that the invasive plant and fish are the most represented taxonomic groups in all countries. The current research effort in invasion ecology from Southeast Asia is not being up to international standard in comparison to other regions, and the absence of recent international journal articles on invasive plant species reveals the biases in biological invasion-related research. The lack of research capacity and financial support from governments, and the inability to disseminate scholarly data in international journals are the possible reasons for the dearth of research literature on biological invasions from the region. Finally, a forward-looking agenda for the region should include improving the quality and quantity of biological invasion research; adopting a tough approach to the illegal release of wildlife; and applying multi-national strategies that integrate data sharing, prioritization, public awareness, policy work, capacity building, conservation actions and surveillance.     

The biology of ballast water 25?years later

A milestone in understanding a globally significant mechanism of marine bioinvasions was published 25 years ago. The transformative paper on ballast water provided a baseline of patterns, processes and predictions of marine introductions, underpinned a dramatic increase in research on the topic, and presented a foundational insight for an international approach to vector management. The 25 year anniversary of JT Carlton’s ‘Transoceanic and interoceanic dispersal of coastal marine organisms: the biology of ballast water’ coincides with an International Maritime Organization (IMO) convention for management of ballast water that has not been fully ratified. The emergence of ship biofouling as a vector of management concern worldwide has also prompted renewed efforts to reduce species transfers by ships through new policy initiatives.     

PSSAs and Transit Passage—Australia's Pilotage System in the Torres Strait Challenges the IMO and UNCLOS

On 22 July 2005, the International Maritime Organization (IMO) approved the extension of the Great Barrier Reef Particularly Sensitive Sea Area (PSSA) to the Torres Strait in Resolution MEPC.133(53). Australia amended its regulations and issued marine orders imposing a compulsory pilotage system in the Torres Strait. Australia's actions triggered protests from maritime states at the IMO and in bilateral diplomatic exchanges. This article examines the legal issues raised by Australia's establishment of a compulsory pilotage system in a strait used for international navigation, including the prospects for Australia being challenged under the compulsory dispute settlement provisions of the UN Convention on the Law of the Sea. It is recommended that the PSSA Guidelines of the IMO be amended to ensure that such legal issues do not arise in the future.