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1.
Peter Fricke 《Marine Policy》1977,1(1):71-73
An analysis of the negotiations at the United Nations Conference on the Law of the Sea concerning the conduct of marine scientific research. The author attends the UNCLOS meetings as a Technical advisor to the Government of Liberia. 相似文献
2.
《Marine Policy》2014
For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement. 相似文献
3.
《Marine Policy》1998,22(3):185-195
This paper relates the need for inter-national cooperative actions to support the development of the ocean science and observation capabilities to the United Nations Convention on the Law of the Sea, which entered into force in November 1994, and the results of the United Nations Conference on Environment and Development, Rio de Janeiro, 1992. Particularly, the framework for the presentation is the mechanism provided by the Intergovernmental Oceanographic Commission (IOC) of UNESCO. The goals of these activities should be the strengthening of national capacities to deal with the requirements of UNCLOS and UNCED implementation actions, within the context of national needs and priorities. A close linkage and harmonisation between national and international structures is desirable for mutual benefit. The related mechanisms of the IOC are discussed. The par-tnership modality is emphasised. The challenge for marine science to adapt to the changing conditions and requirements is analysed. In this context, the importance of indigenous capabilities is stressed, as well as the need to give a special attention to particular areas, e.g. small island developing coun-tries. Some current trends are briefly considered, in particular, the development of operational oceanography. This also implies that there is a need for a new professional community of operational oceanographers. The particularly relevant results of UNCED are brought out, and also in relation to EEZs, a major part of UNCLOS. The need for interdisciplinarity and cooperation between disciplines and society sectors is discussed and exemplified. Finally, an approach for the future is suggested, involving the IOC as a joint specialised intergovernmental mechanism. 相似文献
4.
《Marine Policy》2017
The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength. 相似文献
5.
RenéJean Dupuy 《Marine Policy》1981,5(3):286-287
UNCLOS III has been the forum for an unprecedented set of negotiations: the Conference has brought together all the states of the world, with the purpose of sharing out the oceans between the various categories of countries. The framework of this great meeting is seemingly that of a classic intergovernmental conference. But in fact this framework, developing certain practices that have already been tried in other assemblies, is making use of new methods of negotiation and decision making for all the questions under discussion. 相似文献
6.
The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed. 相似文献
7.
《Marine Policy》2015
Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward. 相似文献
8.
Robert Hage 《Marine Policy》1984,8(1):2-15
This is a historical review of Canadian policy at the Third UN Conference on the Law of the Sea. Canadian objectives with regard to the territorial sea, fisheries, pollution prevention and the continental shelf are outlined and the role played by the Canadian delegation at UNCLOS is described. The article then examines the impact of the Convention on Canada, particular attention being paid to the Canadian Exclusive Economic Zone and the Canadian role in the controversy over seabed mining. The author concludes by arguing that Canada was a major beneficiary of the Convention, but that US opposition has placed the future of the Convention in jeopardy. 相似文献
9.
《Marine Policy》2017
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future. 相似文献
10.
E.D. Brown 《Marine Policy》1978,2(1):3-21
The author explores the issues involved in the delimitation, in the event of Scotland gaining independence from the UK, of the boundaries of Scotland's continental shelf in the North Sea. The exploration involves an analysis of the rules of both international conventional law and international customary law, either of which might be applicable, depending on the policy adopted by an independent Scotland. Moreover, since it is possible that a new Caracas Convention on the Law of the Sea will emerge from UNCLOS III, the author also considers the latest version of the draft rules under discussion at the Conference. 相似文献
11.
Robert D. Hodgson 《Marine Geodesy》2013,36(2):155-163
The Third United Nations Conference on the Law of the Sea is attempting to codify international law for the use of ocean space. While the process of negotiations continues and many political‐legal problems remain to be solved, certain issues appear to be at, or near, a stage of general agreement. A major element of the emerging consensus involves the “baseline,” the line from which all claims to zones of sovereignty or jurisdiction are measured. In addition, the Conference has generally accepted a breadth of 12 nautical miles for the sovereign territorial sea and 200 nautical miles for a coastal state zone of economic competence. An acceptable definition, in a legal sense, of the continental shelf seems to be provided. A major problem in the division of ocean space among States involves the delimitation of boundaries between adjacent States—those sharing a common land boundary—and opposite States—those situated so as to face each other across bodies of water. The issue remains divisive. The final treaty or convention, if successfully negotiated, will not, however, address technical issues. These important problems will have to be resolved by scientists and technicians concerned with the earth measurements in the post‐treaty era. 相似文献
12.
Numerous undersea observatories using cables or buoys are being planned and implemented by scientists and engineers. These projects are being planned with service lives measured in decades. The geographic reach of these systems extends beyond national waters and well into the high seas. Procurement and maintenance of these systems must be cost effective if they are to realize their scientific goals. This objective can be enhanced if the scientists and engineers designing, building, and operating these systems do so with awareness of the responsibilities, liabilities, and advantages accorded marine scientific research under international and maritime law. Generally, these subjects are addressed in the United Nations Law of the Sea Convention 1982 (UNCLOS), as it is supplemented by appropriate national law. This paper provides a basic overview of applicable international law. For purposes of showing the relationship between UNCLOS with national law, U.S. law is utilized, although many nations have similar approaches in their domestic law. In planning an undersea observatory system, a complete and timely analysis of the national law of jurisdictions with a factual nexus to the system is recommended at the earliest stages. 相似文献
13.
《Ocean & Coastal Management》2006,49(9-10):676-684
The International Ocean Institute (IOI), established in 1972 and with its Secretariat in Malta, has been engaged in training and education in ocean governance for the past 25 years. The IOI network now comprises some 25 Operational Centers worldwide. Training and education activities have expanded in parallel with the growth of the network, and a variety of courses are now delivered in a multi-modal manner. Interdisciplinary, global training programs are needed to address the capacity-building requirements in ocean governance resulting from the United Nations Convention on the Law of the Sea (UNCLOS), UN Conference on Environment and Development (UNCED), and Agenda 21, Chapters 36 and 37. The IOI is responding to these needs by rationalizing its unique training and education programs with a view to coordination and networking of courses among IOI Operational Centers and their host institutions. In 1999, the IOI's Founder, Prof. Elisabeth Mann Borgese, proposed the establishment of the IOI Virtual University. This innovative idea, however, proved too costly for the IOI to implement. An alternative, more cost-effective means of coordinating all of IOI's education and training activities is now being implemented, under the brand name “IOI-OceanLearn.” The Operational Centers, their host institutions, and other training partners will work together in the development and delivery of training courses. The key aspects of IOI-OceanLearn will include quality assurance, networking of courses and accessibility. The OceanLearn niche will focus on short training courses; the implementation roadmap includes networking of the IOI's flagship training program on Ocean Governance at Dalhousie University, incorporating Ocean Science into training courses and fostering of workable capacity-building partnerships with other organizations. 相似文献
14.
《Marine Policy》2005,29(2):157-161
The adoption of the EEZ in the 1982 UNCLOS represents the culmination of an effort by some parts of the international community to separate “jurisdiction” over the natural resources in offshore waters from the “sovereignty” manifest in the territorial sea. It is clear that the EEZ is a zone that is neither territorial waters nor wholly high-seas. It is also a zone in which competencies are balanced between the need of coastal States to have sufficient authority to exploit and manage their economic resources and the need of all other States to retain high-seas navigation and communications freedoms and uses related to such freedoms. From South Korea's perspective, the EEZ is a sui generic zone in which military and intelligence activities are limited or not allowed without the consent of the coastal State. This is equally applicable in peace and war. Although several States stress that Article 58 of the 1982 UNCLOS permits such activities, increasing EW and IW capabilities may result in reinterpretation of certain provisions of the 1982 UNCLOS. 相似文献
15.
“Traditional fishing rights” were once universally accepted by the international community. However, under a regime of Exclusive Economic Zones (EEZs) defined by the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, these rights were treated as a reasonable allocation of the surplus of the total allowable catch (TAC) or dependence on phase-out arrangements in bilateral fisheries agreements. This has caused the gradual marginalization of traditional fishing rights. This paper analyzes the transformations and trends affecting the development of fishing industries around the world, especially the growth and decline of traditional fishing rights and EEZs. 相似文献
16.
《Marine Policy》2016
The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources. 相似文献
17.
《伦敦公约》(下简称公约)是1972年在伦敦召开的政府间关于海上倾倒废物公约会议上通过的。该公约的问世,是鉴于到本世纪70年代初期,已认识到海洋环境净化人类工业活动废物的能力并不是无限的,海上倾倒作为处置废物的一种手段所带来的弊端,已逐渐引起国际社会的关注,在这种背景情况下召开的特别国际会议,终于通过一项防止海上倾倒造成海洋污染的多边公约。公约自1975年生效以来,已成功地对海上倾倒实施了管理,完善了控制海上倾倒体系,交流处置废物科学方法的信息等方面起到了积极作 相似文献
18.
This paper reviews the emergence of the spatial dimension of marine and coastal zone administration, and examines several initiatives around the world that contribute to this idea. Spatial data have been recognised as an important resource to improve decision-making and resource management in both the land and marine environments in terms of sustainable development. Many countries are developing Spatial Data Infrastructures (SDIs) to improve access and sharing of spatial data, however, most of these initiatives stop at the coastline. Recently, global and regional activities such as the 3rd United Nations Convention on the Law of the Sea (UNCLOS) and the Sustainable Development Strategy for the Seas of East Asia (SDS-SEA) have brought to international attention the importance of effective administration of the marine and coastal environments. 相似文献
19.
Dale Andrew 《Marine Policy》1978,2(1):46-64
At first sight, the regime suggested for archipelagos at UNCLOS seems to recognize to a large extent the concept of the archipelago as a single unit of islands and water. The author examines closely whether in fact the archipelagic states' view of their maritime jurisdiction has been upheld, or whether the negotiations have led to a position based on traditional concepts of law of the sea. The archipelago doctrine and interests underlying it, opposition to it, and the considerations by the international legal community are discussed. Finally, developments on archipelagos in the Seabed Committee and UNCLOS III are traced in order to understand the language of the proposed archipelagic regime. 相似文献
20.
Milan Horemuz 《Marine Geodesy》1999,22(1):1-17
The sea boundary between two states with opposite or adjacent coasts is defined by the median line between baselines realized on shore lines. As defined in UNCLOS (United Nations Convention on the Law of the Sea), every point of the median line must be equidistant from the nearest points on the baselines from which the breadth of the territorialseas of each ofthe two states is measured. The coordinates of breakpoints of the median line are computed based on known coordinates of baseline points on the shores. What is the precision of computed coordinates? Here we study the error propagation on two reference surfaces: (1) plane and (2) sphere. Moreover, four approaches to breakpoint determination are investigated. Algorithms for computation of the covariance matrix of median line breakpoints both on sphere and plane were developed. 相似文献