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Pleadings, minutes of public sittings, and documents / Mémoires, procès-verbaux des audiences publiques et documents / Tribunal International du droit de la mer
by
International Tribunal for the Law of the Sea
in
International Tribunal for the Law of the Sea.
,
Law of the sea Cases.
,
Maritime law Cases.
1997
Conventional and institutional models of international scientific and technical cooperation on the example of marine scientific research
by
Teimurov, E
,
Kozheurov, Ya
2020
A unifying aspect in researchers' understanding of the essence of the legal model is that it acts in such a way that describes objects, processes or phenomena of legal life. With due regard to the forms of international cooperation, we can identify conventional and institutional models of international scientific and technical cooperation (ISTC). The institutional model characterizes the status and activities of the subjects. The conventional model primarily reflects a set of legal regulators of the interaction between subjects. However, the conventional model is not limited solely to international agreements and customs. It also includes instruments containing soft law rules. To elucidate the ISTC models in the field of marine research, the authors have analyzed the concept of \"marine scientific research\" as well as the development of the institution governing the interaction between subjects of international law and other actors in the field of marine scientific research (MSR) and the exchange of technologies within the framework of international law of the sea. As a result of the study, the authors conclude that the conventional model of ISTC in the field of MSR is based on the 1982 UN Convention on the Law of the Sea and includes bilateral and multilateral international agreements, decisions and resolutions of competent international organizations, and legal instruments containing soft law rules aimed at specifying various aspects of cooperation. The institutional model in MSR means creation of international intergovernmental and non-governmental organizations. ISTC institutional models can be divided into ecosystem models and collaboration models. Ecosystem models create the necessary legal, organizational, economic and other conditions (environment) for international cooperation and joint marine scientific research. Collaborative models are created directly for the implementation of international scientific research. However, there is no strict borderline between them.
Journal Article
A blue new deal : why we need a new politics for the ocean
by
Armstrong, Chris
in
Marine ecosystem health
,
Marine ecosystem health -- Government policy
,
Écosystèmes marins -- Santé -- Politique gouvernementale
2022
An urgent account of the state of our oceans today-and what we must do to protect themThe ocean sustains life on our planet, from absorbing carbon to regulating temperatures, and, as we exhaust the resources to be found on land, it is becoming central to the global market. But today we are facing two urgent challenges at sea: massive environmental destruction, and spiraling inequality in the ocean economy.Chris Armstrong reveals how existing governing institutions are failing to respond to the most pressing problems of our time, arguing that we must do better. Armstrong examines these crises-from the fate of people whose lands will be submerged by sea level rise, to the exploitation of people working in fishing, to the rights of marine animals-and makes the case for a powerful World Ocean Authority capable of tackling them. A Blue New Deal presents a radical manifesto for putting equality, democracy, and sustainability at the heart of ocean politics.
Application of GIS to define a juridical bay as part of Indonesia’s internal waters
2021
Indonesia is an archipelagic state bordered by archipelagic baselines. Based on the Law of the Sea Convention (LOSC), Indonesia has two maritime zones within the baseline, namely internal waters and archipelagic waters. It is necessary to make clear boundaries because there are different jurisdictions between the two areas. This study aims to identify Indonesian internal waters and a drawing closing line in the juridical bay. GIS software is used to identify the juridical bay, referring to the terms of the juridical bay in LOSC. The results of the research show that (1) several bays in Indonesia do not meet the criteria of juridical bays, (2) a juridical bay can consist of several smaller bays, (3) a large bay cannot be fully claimed as a juridical bay because there are limitations of the maximum length of the closing line, and (4) there are several juridical bays that do not have the name.
Journal Article
Spatial Study of Indonesia's Historic Bay: A Case Study in Tomini Bay
2020
To become a global maritime axis, Indonesia needs to strengthen the security of its maritime region. Indonesia has adopted the United Nations Convention on the Law of the Sea (UNCLOS) to determine its water boundaries. One of the points in UNCLOS that has not been implemented in Indonesia is related to internal waters. Until now Indonesia has not yet determined the extent of its internal waters. This study aims to examine the potential of Tomini Bay as a historical bay, especially spatial terms so that it will increase the area of Indonesia's internal waters. The methods used were literature study of the cases in other countries, determination of the area, and extensive calculations using basic data on topographic maps of Indonesia (Peta Rupabumi Indonesia/RBI), such as toponym data, and coastline data. Based on this study, Tomini Bay has an area of 56,948.51 km2, but according to UNCLOS it is not a juridical bay since the width of its opening is more than 24 nautical miles. Some small juridical bays in the Tomini region have an accumulative area of 418.49 km2, only about 0.73% of the Tomini area. In order for Tomini Bay to meet the provisions of UNCLOS as a bay, Indonesia needs to define Tomini Bay as a \"historical bay\", because in this study it was found the defining potential. By recognizing Tomini as a historical bay, Indonesia can change the status of the waters inside it from archipelagic waters to internal waters, so that Indonesia's authority over the region becomes stronger.
Journal Article
Historical-legal aspect of the political system in the Russia's arctic region
2020
This article analyzes historical reference of the formation and development of the political system of the Russian Federation in the Arctic region. The article examines the sectoral principle of dividing the Arctic territory. In conformance with UN requirements convention on the law of the sea of 1982 the Arctic States have a sovereign right to develop subsoil resources within their exclusive economic zones and continental shelf, although these Arctic regions are not part of their state territories. The article analyzes the main policy and legal documents regulating this sector in the Arctic countries, considers the issues of forming an optimal balance between national and international legal regulation in determining the legal regime in the Arctic region. The implementation of strategic goals of developing the Russian Polar region in the far-term perspective involves the implementation of domestic projects for the exploration of subsurface resources in this area and the development of transport infrastructure, primarily the Northern sea route and its seaports, as well as land and air transport modes that are part of international transport corridors, as an organizational and legal basis for the development of the use of the Arctic continental shelf.
Journal Article
Maritime governance: piloting maritime transport through the stormy seas of climate change
2022
The new era of climate change and digital technology raises important issues about industry governance. This paper argues that today’s maritime governance should not be seen as a “top down” model. In practice, there are four tiers of governance—Tier 1 IMO and ILO, Tier 2 Nations (the flag states), Tier 3 shipping companies, and Tier 4 ships. All are important, but in the coming decades Tier 3, the shipping companies, deserves special attention because they will execute the governance policy. But today’s Tier 3 shipping companies were not developed to manage change on the scale which lies ahead. Adapting organisational structures and resources at Tier 3 will be crucial in achieving Tier 1 and Tier 2 governance objectives, particularly in meeting decarbonisation goals and introducing the digital technologies needed to improve performance.
Journal Article
Fisheries Management in Congested Waters: A Game-Theoretic Assessment of the East China Sea
2022
Fisheries in the East China Sea (ECS) face multiple concerning trends. Aside from depleted stocks caused by overfishing, illegal encroachments by fishermen from one nation into another’s legal waters are a common occurrence. This behavior presumably could be stopped via strong monitoring, controls, and surveillance (MCS), but MCS is routinely rated as below standards for nations bordering the ECS. This paper generalizes the ECS to a model of a congested maritime environment, defined as an environment where multiple nations can fish in the same waters with equivalent operating costs, and uses game-theoretic analysis to explain why the observed behavior persists in the ECS. The paper finds that nations in congested environments are incentivized to issue excessive quotas, which in turn tacitly encourages illegal fishing and extracts illegal rent from another’s legal waters. This behavior couldn’t persist in the face of strong MCS measures, and states are thus likewise incentivized to use poor MCS. A bargaining problem is analyzed to complement the noncooperative game, and a key finding is the nation with lower nonoperating costs has great leverage during the bargain.
Journal Article