The Expansion of and Changes to the National Coast Guards in East Asia

Abstract

East Asian countries have vigorously engaged in a buildup of the capabilities of their coast guards. This has been driven in part by the need to protect their maritime jurisdiction in the face of numerous maritime disputes. The coast guards in East Asia serve as the front-line defender of sovereignty and maritime claims.     

Securing Maritime Australia: Developments in Maritime Surveillance and Security

A long coastline and extensive maritime claims mean that Australia benefits from and has responsibility for an enormous maritime jurisdiction. Within this offshore area Australia faces significant, varied, and complex maritime security and ocean policy challenges. In response, Australia has taken a number of innovative steps toward enhancing its maritime security. This article will review Australia's past practice together with some of the more recent developments in this context, particularly efforts to enhance offshore maritime surveillance and enforcement, such as the creation of the Taskforce on Offshore Maritime Security and Border Protection Command, establishment of the Australian Maritime Identification System, and implementation of augmented security patrols.     

The Indonesian Legal Framework on Baselines,Archipelagic Passage,and Innocent Passage

As an archipelagic state, Indonesia is faced with a wide range of potential maritime security threats. This article analyzes the existing Indonesian legislation on baselines, archipelagic passage, and innocent passage in accordance with the 1982 United Nations Convention on the Law of the Sea. The article demonstrates the challenges that exist in implementing the key navigational rights laws.     

China and Japan Maritime Disputes in the East China Sea: A Note on Recent Developments

This article examines recent developments in the East China Sea maritime disputes, focusing primarily on the Principled Consensus agreed on by China and Japan for the joint development of energy resources. The article also provides a perspective on the East China Sea maritime disputes between the two countries within the context of international relations.     

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.     

Korean Peninsula Maritime Issues

In the unique situation of the Korean Peninsula, which is still technically in a state of war, maritime issues are increasingly becoming critical in the relations between South Korea and North Korea. While cooperation in maritime affairs has helped to ease tensions and paved a way to reconciliatory efforts, maritime disputes adjacent to the Northern Limit Lines in the West and East Seas and maritime security issues such as South Korea's engagement in the Proliferation Security Initiative remain a source of conflict. This article looks at maritime affairs on the Korean Peninsula—a leading area of cooperation between the South and the North as well as a potential conflict flash point.     

The Sewol Ferry Disaster in Korea and Maritime Safety Management

The sinking of the Sewol ferry on April 16, 2014, in Korea, the deadliest peacetime maritime accident in decades, was caused by a variety of factors, including human error and institutional and legal deficiencies. This article reviews the incident and its consequences.     

Reflections on the Principle of Non-Cut Off: A Growing Concept in Maritime Boundary Delimitation Law

The application of the principle of non-cut off is a significant tool in maritime delimitation to provide an equitable solution. Unfortunately, scholars and experts have paid scant attention to this principle of maritime delimitation. This article analyzes the growing role of the principle of non-cut off in the law of maritime boundary delimitation and examines the related jurisprudence on the issue.     

Equitable maritime boundary delimitation,as exemplified in the work of the international court of justice during the presidency of sir Robert Yewdall Jennings and Beyond

The article contains a systematic survey of decisions rendered by the International Court of Justice (and its Chamber) under the presidency of Sir Robert Yewdall Jennings in three cases (Guinea Bissau v. Senegal, Gulf of Fonseca, and Denmark v. Norway,) involving equitable maritime delimitation, and in one case (East Timor) settled after Sir Robert's presidency. Distinct features, which are particularly pronounced in the landmark Denmark v. Norway Judgment, are the increased consistency and degree of predictability in the complex process of applying equity in maritime delimitation, of which Sir Robert has been a strong advocate. The important procedural aspects of the case law under Sir Robert's presidency are also analyzed. These are exemplified by the role of the Court as a partner in preventive diplomacy and by the precedential permission granted a third state to intervene as a nonparty. While highlighting the two presently pending cases (Qatar/Bahrain and Cameroon v. Nigeria), the author hopes that these settlements will significantly benefit from substantial and procedural solutions endorsed by the Court during Sir Robert's presidency.     

A Note on Maritime Delimitation in a Multizonal Context: The Case of the Mediterranean

This article points out some of the issues that may arise during the delimitation of maritime boundary in a sea area where coastal states have proclaimed various maritime zones. Issues considered include delimitation in the presence of overlapping or coincident zones, the role of existing boundaries, use of all-purpose maritime boundaries, and the delimitation of future zones. Special reference is made to the Mediterranean Sea where coastal states have advanced various claims consisting of zones sometimes different from the ones provided for in the 1982 United Nations Convention on the Law of the Sea.     

A Tribunal Navigating Complex Waters: Implications of the Bay of Bengal Case

The International Tribunal on the Law of the Sea's March 2012 Judgment in the Bay of Bengal Case is a landmark decision in multiple ways. It represents the first maritime boundary to be delimitated by the Tribunal. It is the first adjudication of a maritime boundary in Asia, and it is also the first judicial delimitation of a maritime boundary for parts of the extended continental shelf located seaward of the 200-nautical-mile limit from baselines. While the Tribunal's ruling largely resolves the maritime dispute between Bangladesh and Myanmar, it also raises a number of questions and concerns that are highlighted in this article, including the Tribunal's approach to delimitation both within and beyond the 200-nautical-mile limit, the treatment of islands, the interplay between law of the sea institutions and the creation of a so-called grey area where continental shelf jurisdiction falls to one state and water column jurisdiction to the other.     

A Note on the United States and the Law of the Sea: Looking Back and Moving Forward

Since the Antarctic Treaty was negotiated in 1959, there have been substantial developments in the law of the sea. One of the most significant developments has been the recognition granted to coastal state entitlements to claim a range of offshore maritime areas. Yet, one of the principal aims of the Antarctic Treaty was to eliminate sovereignty disputes between territorial claimants, and the treaty placed limitations on the assertion of new claims. Nevertheless, most Antarctic territorial claimants have asserted some form of Antarctic maritime claim. This article particularly considers Australia's position toward maritime claims offshore the Australian Antarctic Territory (AAT). It reviews the limitations imposed by the Antarctic Treaty, the difficulties in determining baselines in Antarctica, Australia's practice in declaring Antarctic maritime claims, and the potential range of maritime boundaries that Australia may one day have to delimit with neighboring states in the Southern Ocean.     

Beads, Bifaces, and Boats: An Early Maritime Adaptation on the South Coast of San Miguel Island, California

Terminal Pleistocene and Early Holocene sites on California's Channel Islands provide evidence for early maritime activity, including the use of seaworthy boats. Numerous early shell middens have been identified, but specific information on the maritime peoples who occupied them is limited. Our research at CA-SMI-608, a roughly 9,500-year-old shell midden on San Miguel Island, produced a relatively large assemblage of bifaces and other chipped stone artifacts, shell beads, worked bone, and well-preserved faunal remains. Food remains are dominated by mussels, abalones, and other shellfish from the rocky intertidal, but fish, sea mammal, and sea bird remains were also recovered. These data provide a detailed view of early maritime activities along an arid coastline previously considered marginal to human settlement.     

Cassava brown streak disease: historical timeline,current knowledge and future prospects

Cassava is the second most important staple food crop in terms of per capita calories consumed in Africa and holds potential for climate change adaptation. Unfortunately, productivity in East and Central Africa is severely constrained by two viral diseases: cassava mosaic disease (CMD) and cassava brown streak disease (CBSD). CBSD was first reported in 1936 from northeast Tanzania. For approximately 70 years, CBSD was restricted to coastal East Africa and so had a relatively low impact on food security compared with CMD. However, at the turn of the 21st century, CBSD re‐emerged further inland, in areas around Lake Victoria, and it has since spread through many East and Central African countries, causing high yield losses and jeopardizing the food security of subsistence farmers. This recent re‐emergence has attracted intense scientific interest, with studies shedding light on CBSD viral epidemiology, sequence diversity, host interactions and potential sources of resistance within the cassava genome. This review reflects on 80 years of CBSD research history (1936–2016) with a timeline of key events. We provide insights into current CBSD knowledge, management efforts and future prospects for improved understanding needed to underpin effective control and mitigation of impacts on food security.     

A hybrid risk-based approach for maritime applications: The case of ballast tank maintenance

Risk assessment is vital for cost-effective ship management in maritime industry since numerous maritime activities pose potential hazards according to the human causalities. Therefore, safety practitioners attempt to offer proactive approaches to mitigate risk as much as possible. In this context, this article presents a hybrid risk-based approach for maritime industry by adopting Fuzzy Analytic Hierarchy Process (FAHP) with fuzzy VIKOR (FVIKOR) methods under Fine-Kinney approach. To illustrate the hybrid risk-based approach, ballast tank maintenance process is handled since there are various hazards causing fatalities, severe injuries, and illness during ballast tank maintenance procedure than any other type of shipboard work. An extensive risk analysis is performed to enhance environment safety and operational reliability in maritime industry. Besides its theoretical contribution, the outcomes of the paper contribute to improve overall safety level of ship by considering potential hazards in risk management.     

The role of human factor in maritime environment risk assessment: A practical application on Ballast Water Treatment (BWT) system in ship

The role of human factor plays a critical role in the safe and clean operation of maritime industry. Human error prediction can be beneficial to assess risk in maritime industry since shipping activities can pose potential hazards to human life and maritime ecology. The aim of this paper is to propose a risk assessment tool by considering the role of human factor. Hence, the desired safety control level in maritime transportation activities can be ascertained. In the proposed approach, a Success Likelihood Index Method (SLIM) extended with fuzzy logic is used to calculate human error probability (HEP). Severity of consequences are adopted in the proposed approach to assess risk. The quantitative risk assessment approach under fuzzy SLIM methodology will be applied to a very specific case on-board ship: Ballast Water Treatment (BWT) system. In order to improve consistency of research and minimize subjectivity of experts' judgments, the paper adopts the dominance factor which is used to adjust the impact level of experts' judgments in the aggregation stage of the methodology. The paper aims at not only highlighting the importance of human factor in maritime risk assessment but also enhancing safety control level and minimizing potential environmental impacts to marine ecology.     

Managing Vietnam's Maritime Boundary Disputes

This article examines the progress made in managing Vietnam's maritime boundary disputes and analyzes the challenges that lie ahead relating to unsettled disputes. The continuity and change in Vietnam's approach to dispute a settlement and the difficulties in managing the unresolved maritime disputes are assessed. Vietnam has made considerable progress in managing its maritime disputes; however, continued efforts are needed to address the unresolved disputes.     

Crossed Lines: The Curious Case of the Beaufort Sea Maritime Boundary Dispute

The Beaufort Sea maritime boundary dispute has traditionally been understood as involving a wedge-shaped area of maritime space that extends to a distance of 200 nautical miles north of the terminus of the Canada-United States border between the Yukon Territory and Alaska. However, new data collected in pursuit of establishing the limits of the extended continental shelf in the region show that the two countries’ seabed resource rights may stretch far beyond the 200-nautical-mile limit of the exclusive economic zone. Significantly, at approximately 200 nautical miles from shore, the U.S.-claimed equidistance line crosses the line claimed by Canada, which follows the 141° W meridian, meaning that the legal positions of the two countries if simply extended beyond the EEZ would appear to favor the other party. This article explores how the United States and Canada might seek to reformulate their legal positions to resolve the dispute. Though these reformulated positions might not reduce the area in dispute, they will clarify it and potentially enable the parties to either delimit a single maritime boundary or choose to implement one of a number of creative solutions to the dispute that are outlined in the article.     

The Sino-Vietnamese Agreement on Maritime Boundary Delimitation in the Gulf of Tonkin

This article addresses the recently ratified Sino-Vietnamese Boundary Delimitation Agreement in the Gulf of Tonkin and its implications for bilateral cooperation and development of friendly and neighboring relations between China and Vietnam. As the first maritime boundary line for China, the delimitation in the Gulf of Tonkin is indicative of China's positive attitude towards the resolution of other maritime issues with Vietnam and other neighboring countries.     

Toward a social–ecological approach to ecological restoration: a look back at three decades of maritime clifftop restoration

The sharp increase in the touristic use of the maritime clifftops in western France after WWII resulted in a concentration of activities that generated ecosystem degradation in many sites (e.g. touristic infrastructure, human trampling). Consideration of the ecological value of these sites over the past three decades has led to a shift in maritime clifftop management and consequently to numerous planning and restoration projects. Using inventories of maritime clifftop restoration projects conducted in 2007 and 2016, we identified 76 restoration projects, which allowed us to study the active and passive restoration methods used. In addition, we collected and analyzed 465 vegetation monitoring plots with an average duration of 5.6 years to understand how they were used by both scientists and nonscientists. First, we describe the social–ecological systems of these restoration projects through an analysis of their social contexts, ecological stakes, and restoration goals based on 19 semistructured interviews with restoration stakeholders. Comparing our research with similar studies in the literature reveals that the main strength of maritime clifftop restorations is a strong network between scientist and nonscientist stakeholders combined with high‐level monitoring. Finally, we underline the main challenges for the future of maritime clifftop ecological restoration: (1) the need for further study of this ecological database (e.g. to study the medium‐term effect of active restoration, continue current monitoring); and (2) the need to develop sociological studies of human uses and perceptions to improve the long‐term management of restored ecosystems.