The U.N. convention on the law of the sea and military interests in the indian ocean

Abstract

The U.N. Law of the Sea Convention, ambiguous on military uses of the ocean space, weakens the legal basis for the maritime powers to pursue freely their military objectives in the oceans. Repudiation of the Convention by the United States will accelerate the creeping jurisdiction of the littoral states. The Convention enhances the security of the littoral states of the Indian Ocean, all of whom have only limited blue‐water capabilities and have sought to contain the military intrusions of the superpowers into the Indian Ocean.     

Anadromous species and the new international law of the sea

Abstract

This article examines the evolution of international law relating to anadromous species, focusing exclusively on salmon and primarily considering the period since World War II. The discussion concerns major international harvesting in the western North Pacific, eastern North Pacific, and the North Atlantic. Unilateral actions are also described. Special attention is given to the relevant articles of the 1982 Convention on the Law of the Sea and to developments since its conclusion. Evidence is assessed for considering that the customary international law of the sea now recognizes the authority of the state of origin of salmon to prohibit high seas harvesting of salmon.     

Adjacent state issues for the UNITED STATES in establishing an exclusive economic zone: The cases of Canada and Mexico

Abstract

This paper will analyze and evaluate the issues that might emerge between the United States and both Canada and Mexico in the establishment of adjacent exclusive economic zones (EEZs). Given the ambiguity of the U.N. Convention language and historic differences in approach to law of the sea issues, it is likely that there will be differences in how each of these countries will manage and regulate activities within their respective zones. Since many of the resources and activities are transboundary in nature, the potential for conflict between states exists. The paper will serve to highlight existing areas of conflict and will evaluate the potential for future disagreements.     

The basic structure of the disputes settlement part of the law of the sea convention

Abstract

The Draft Convention on the Law of the Sea contains an elaborate and unique system for the settlement of disputes concerning the world ocean that is both flexible and firm. The evolution and development of this disputes settlement system began later than the work done in Committees I, II, and HI, of the Conference and was largely due to the initiative and leadership of Hamilton Shirley Amerasinghe, President of UNCLOS III. The major features of the emerging disputes settlement system are: a general and comprehensive system including adjudicatory procedures; a multiplicity of forums for disputes settlement with concurrent attempts at maintaining some uniformity in the jurisprudence of the law of the sea; adoption of a flexible system which permits states the choice of mode or venue for settlement; abandonment of the original idea of a separate and special “Sea‐Bed Tribunal”; the decision of the Conference to make disputes settlement an integral part of the Convention; the emergence of the compulsory resort to conciliation for disputes in the EEZ; and the designation of categories of disputes which may be submitted only to the Sea‐Bed Disputes Chamber.     

International cooperation in salmon fisheries and a comparative law perspective on the salmon and ocean ranching industry

Abstract

The salmon industry has steadily developed during the last two decades, leading to an increasing awareness about the legal problems that need to be solved. Both production in ocean ranching and in captivity have prompted the enactment of important rules of international and domestic law. While international law has provided for a basic regulatory framework, embodied in the United Nations Convention on the Law of the Sea and a number of regional and bilateral treaties, domestic law has concentrated on the specific technical issues that relate to conservation, fishing rights, and organization of the industry generally.

The article discusses the aggregate of legal rules applicable to salmon production, including the comparative law perspective emerging from the national legislations of the main producers in the world. Various legal and economic models are identified and their incidence on the industry is examined in light of actual experiences. The rules of international law in the field are becoming consolidated, and domestic legislation is contributing new insights into the matter while, in addition, exercising a strong influence in the formation of customary law.     

Management of the ocean's living resources: An essay review

Abstract

The Third United Nations Conference on the Law of the Sea (UNCLOS III) focused primarily on the peaceful uses of ocean space. Although security issues were and are involved in many peaceful uses of ocean space, they were not explicitly addressed at UNCLOS III nor covered in the U.N. Convention on the Law of Sea. Since security issues are among the major neglected issues of ocean space, it is the purpose of this article to open the discussion of the legal and political aspects of these issues as relating to the law of the sea.     

Compensation for Material and Moral Damage to Small Island States' Reputations and Economies due to an Incident during the Shipment of Radioactive Material

An incident in the course of the shipment of radioactive material could have serious consequences for affected states, whether or not a release of radiation actually resulted from the incident. In particular, small island states could potentially suffer serious damage to their reputations and to their economies. Pacific Island states are taking an initiative in response to their exposure to this risk. Assurances that they will not be left unsupported in such circumstances are being sought through a process of direct discussions presently taking place with source states and operators involved in the shipment of radioactive material through the Pacific.

This article examines the legal background to these discussions, investigating the legal uncertainties in the situation of states affected by an incident in the course of shipment of radioactive material that arise from limitations in the nuclear civil liability conventions and other aspects of applicable international law.     

Implementation of the LOS convention: Options,impediments, and the ASEAN states

Abstract

The six states of ASEAN are faced with the problem of interpreting and implementing the 1982 Law of the Sea Convention. One of the factors to be considered in implementation is the possible impediments to implementation that may exist. Nine different types of impediments are outlined with examples drawn from the ASEAN states. Despite the various impediments that may exist for the ASEAN states none of the impediments are serious enough to force a state to be unable to ratify the LOS Convention.     

Protection of the antarctic ecosystem: A study in international environmental law

Abstract

The Antarctic region constitutes a fragile eco‐system closely related to the unique features of the physical environment of that continent. The Antarctic Ocean is central to the region's living systems, with krill as the ecological basis of life in the ocean and on land. So far, man's impact upon the Antarctic environment has been negligible, but there is concern that overharvesting of krill and possible marine pollution resulting from any future offshore oil exploration may undermine the krill basis of the Antarctic ecosystem. The legal status of Antarctica is largely determined by the 1959 Antarctic Treaty, and especially by the inner circle of the currently fourteen “consultative”; status signatories. These states have given high priority to ecological considerations by enacting a series of environmental and conservationist regulations, as well as two conventions, one protecting the Antarctic seals and the other marine living resources in general. Environmental regulations will form an important part of the legal regime for the exploration and exploitation of the Antarctic mineral resources, primarily oil and gas. The Antarctic Treaty framework does not legally bind nonsignatory states, but under general international law all states are bound to refrain from inflicting damage upon the planet's environment. Also, some marine pollution conventions apply to the Antarctic waters, and the 1982 U.N. Convention on the Law of the Sea comprehensively covers the protection and preservation of the marine environment of all oceans and seas. The preservation of the Antarctic environment will remain a high priority irrespective of what legal regime will govern Antarctica after 1991 when the Antarctic Treaty may, and most probably will, be subject to review.     

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 third United Nations conference on the law of the sea and non‐independent states

Abstract

The Third United Nations Conference on the Law of the Sea is addressing problems that involve all of mankind. Yet there are parts of mankind, non‐independent states and special sovereignties, that are not directly represented at the conference, even though their interests will be directly affected by the decisions taken.

There currently arc around 75 non‐independent states and special sovereignties at different stages of political development and with varying forms of association to a metropolitan power. This can create problems of conflicting jurisdiction over ocean space in two areas particularily: the South Pacific and the Caribbean.

The Conference has attempted”; to deal with the problem of the Law of the Sea and non‐independent states in three ways: by granting observer status to national liberation movements and associated states; through the Transitional Provision; and through the Definitional and Final Clauses. However, a universal formula that would guarantee to these states the resource rights recognized in the proposed Treaty has yet to emerge.     

The Dugong Action Plan for the South Pacific: An Evaluation Based on the Need for International and Regional Conservation of Sirenians

Abstract

The purpose of this article is to set out the essential requirements for a successful regional agreement for Sirenians in the South Pacific. To achieve this, the current Dugong Action Plan, which is being formed under the auspice of the South Pacific Regional Environmental Program, will be juxtaposed against the “best practice” in this area, as evinced by current development in international environmental law and policy relating to Sirenians.     

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.     

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.     

The law of the sea and management of anadromous fish stocks

Abstract

Unilateral declarations of 200‐mi fishing zones by coastal states are likely to find universal recognition in new articles of international law. These probably will conform to the Single Negotiating Text currently under discussion in continuing sessions of the Third Conference on the Law of the Sea. The articles of this Text are clearly designed to protect and strengthen the fisheries rights of coastal states. Ironically, the new rules may prove counterproductive in respect of the major salmon stocks that migrate beyond 200‐mi limits. Effective protection of state‐of‐origin rights on the high seas beyond these limits will be difficult. Distant water fishing fleets experiencing reduced access to 200‐mi coastal zones will be tempted to increase, their efforts on stocks found in the remaining high seas. Salmon interception by neighboring states will also remain a problem. The article analyzes protective strategies and accommodations that may be pursued by states of origin.     

The law of the sea regime and ocean law enforcement: New challenges for technology

Abstract

Coastal state enforcement in new zones of jurisdiction under the ocean management regime envisaged in the Law of the Sea Conference's negotiating text will undoubtedly spawn new technology in an effort to expand and improve surveillance. The author discusses enforcement challenges presented in the Law of the Sea regime and suggests some possible applications of technology to improve maritime law enforcement in the relatively near future.     

Peacetime military activities in the exclusive economic zone of third countries

Abstract

Although the 1982 U.N. Convention on the Law of the Sea reaffirms the freedoms of navigation and overflight in the Exclusive Economic Zone (EEZ), its language is flexible enough to be construed as restraining military activities of third countries in the zone. On the other hand, the Convention allows enough latitude of interpretation to include the right to conduct naval activities in a foreign EEZ. The peaceful‐purposes clauses of the Convention do not, in this respect, create any new obligations beyond the obvious general principle of banning the use of force in international relations. The reluctance of UNCLOS III to adopt a clear and unambiguous solution of the problem is likely to result in disputes between naval powers, primarily developed states, and coastal states of the Third World over the attribution of rights to military uses of the EEZ, especially with regard to naval maneuvers, weapon tests, and emplacement of military devices in this zone.     

Developing nation imperatives for a new law of the sea: UNCLOS I and III as stages in the international policy process

Abstract

This paper seeks to compare the two major law of the sea conferences of the post‐World War II period in terms of imperatives for moving toward a more equitable international system. Transitions in the international system which have taken place in the years between the conferences are analyzed, as well as differences in conference participation and procedures. The paper then focuses upon the necessity for policy to be formulated in such a way that imbalances in opportunities for utilization of the seas are redressed. Special attention is given the status of the landlocked and geographically disadvantaged states. The 1977 Negotiating Text is commented on from this perspective. Proposals for development of ocean law/policy in UNCLOS III more congruent with achievement of global equity are then set forth.     

More or Less Integrated Ocean Management: Multiple Integrated Approaches and Two Norms

Abstract

Through a normative lens, this article investigates integrated ocean management and the multiple concepts that it involves. Although international law provides legal authority to coastal states to manage their ocean area entitlements, no single legally binding norm specific to integrated ocean management exists. Nevertheless, by combining different internationally recognized sources, this article identifies and discusses two normative concepts applicable in coastal state integrated ocean management. These are (1) the framing of integrated ocean management as a management process and (2) the incorporation of environmental, economic, and social concerns into an ocean management policy.     

The European economic community and the law of the sea

Abstract

The European Economic Community (EEC) has the competence, to the exclusion of its Member States, to conclude international agreements in important fields, such as fisheries, on which the draft convention on the law of the sea contains provisions. Contracting parties to the future Law of the Sea Convention will not be allowed to make reservations to the convention or participate in it on a partial basis. It follows there‐from that provisions must be envisaged which would allow the EEC to become a contracting party to the convention together with its Member States. This article outlines the legal background for participation by the EEC in international agreements and indicates the main provisions of interest to the EEC in the draft convention prepared at UNCLOS III.