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1.
《Marine Policy》2014
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended. 相似文献
2.
《Marine Policy》2014
Tuna has made a significant contribution to Indonesian and world fisheries. Indonesian tuna fisheries were introduced from Japan, Taiwan and Korea. Longline fishing was introduced in 1962, and purse seine gear was first used in 1974. Many foreign vessels have reflagged to the Indonesian flag. The Indonesian government developed its own tuna fisheries and closed the chartering program in 2006. Through these efforts, Indonesia became the number one tuna production country in 2004 and has further targeted an increase in marine capture fisheries catch of 0.5%/year from 2010 to 2014. Tuna resources remain under pressure globally. The tuna regional fisheries management organizations attempt to manage tuna fisheries by strengthening conservation of stocks. To enhance international cooperation, Indonesia ratified the 1982 Convention on the Law of the Sea in 1985 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in 2005 and became a member of Indian Ocean Tuna Commission and Commission for the Conservation of Southern Bluefin Tuna and a cooperating non-member of Western and Central Pacific Fisheries Commission in the 2000s. Consequently, Indonesia adopted domestic regulations to comply with management measures. For future sustainable development, Indonesia needs to build its capacity, improve its compliance with the tuna RFMOs’ conservation and management measures, strengthen data collection, develop its products to increase their quality and diversification, and enhance its international cooperation. 相似文献
3.
《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
4.
While the principle of abstention was established as part of the International North Pacific Fishery Convention in 1952, it was generally overlooked for several decades afterwards. The 1995 Straddling Stocks Agreement says that states parties to the Agreement enjoy a right to access to high seas fishery resources, but on the condition that they respect existing regional conservation and management measures. This Agreement also introduces the concept of a precautionary approach. The end result is that the 1995 Agreement fulfilled the same intent of the original 1952 principle of abstention—that is, it places some kinds of restrictions on high seas fishing. The degree of restrictions depends on the activities and policies of new regional fishery organizations like WCPFC and so on. Even if the new version of the principle of abstention succeeds in excluding distant fishing states from high seas, it will do little to solve the larger problems facing today's ocean fishery resources. 相似文献
5.
George Galdorisi 《Ocean & Coastal Management》1994,25(3)
The 1982 United Nations Convention on the Law of the Sea prescribed extensive rules of behavior for the international community in the oceanic regime. Some of the most important provisions of the Convention are those regarding the freedom of navigation and overflight in various maritime zones, i.e. territorial seas, international straits, archipelagos, exclusive economic zones and the high seas.While most coastal nations are complying with the navigation and overflight provisos of the Convention, some are not. Where excessive maritime claims exist, the US has evolved an ambitious Freedom of Navigation (FON) Program which challenges these excessive claims. This Program was initiated under the Carter Administration in 1979 and has continued, unabated, ever since.As the international community prepares for the day when the 1982 Convention becomes universally-recognized international law, there are likely to be periodic excessive maritime claims. In cases where the Convention's dispute settlement provisos fail to resolve excessive claims, the community of nations may find it useful to use the US FON Program as an example for the enforcement of maritime rules. 相似文献
6.
《Ocean & Coastal Management》2000,43(2-3):205-234
During the past decade, a number of rivalries over fish stocks straddling from coastal zones into the high seas turned into bitter disputes involving some of the world's foremost fishing nations. This article examines the interplay of global and regional efforts to strengthen the basis for management of high seas fisheries. The overall effect of the 1995 UN Fish Stocks Agreement for the effectiveness of regional management of straddling stocks is to support and globalize institutional features, especially regarding compliance control, that had so far been confined to the most advanced regional regimes. Such interplay between regimes can usefully be analyzed by distinguishing four causal pathways: (1) diffusion, in that one regime may influence the material contents of another; (2) political spillover, when interests or capabilities defined under one regime influence the operation of another; (3) normative interplay, when the rules upheld in one regime conflict or reinforce those established under another; and (4) operational interplay, referring to deliberate coordination of activities under separate regimes in order to avoid normative conflict or wasteful duplication. The article seeks to pinpoint the conditions under which these types of interplay are triggered. 相似文献
7.
《Ocean & Coastal Management》2006,49(1-2):42-67
The seas in North-East Asia, the Yellow/East China Sea and the East Sea, which are semi-enclosed seas constituting unitary ecosystems are now facing many problems such as depletion of fish stocks, poor fishery management policies, and large-scale deterioration of the marine environment. The fishery resources of the region have long been subject to heavy fishing pressures, and many stocks are now believed to be seriously depleted and may be in danger of extinction because of overfishing. In addition, poor fishery management policies have accelerated overfishing and the rapid depletion of fish stocks. Considering this rapidly deteriorating situation, regional co-operation based on the 1982 UN Convention among coastal states should be given top priority. Most fish stocks in the region migrate beyond the jurisdiction of any one country. Indeed, one state by itself can easily destroy fishery resources because semi-enclosed seas, particularly those such as the Yellow/East China Sea and the East Sea, cannot be managed effectively without close co-operation among the coastal states. 相似文献
8.
《Marine Policy》2017
The Maritime Labour Convention, 2006 outlines a framework for states to enforce jurisdiction over maritime labour matters, including the Flag State, Port State and Labour Supplying State. However, the Convention does not provide explicit guidance on jurisdiction determination. This article argues that seafarers should have the right to access the jurisdictions of member states, and that future amendment to the Convention should confirm this right. This paper first analyses current theories of maritime labour jurisdiction. Secondly, it conducts a comparative doctrinal analysis regarding adjudicative jurisdiction principles in common law and civil law systems. Thirdly, in three case studies involving concurrence jurisdictions of member states, this article finds that the authority of any single member state is not reliably accessible to seafarers, in particular when the state has no strong link with the seafarers. This article recommends that seafarers’ rights in the Convention to choose one jurisdiction from relevant member states should be confirmed in a future amendment. 相似文献
9.
《Marine Policy》2016
A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices. 相似文献
10.
Marine protected areas (MPAs) are increasingly being established to protect and rebuild coastal and marine ecosystems. However, while the high seas are increasingly subject to exploitation, globally few MPAs exist in areas beyond national jurisdiction. In 2010 a substantial step forward was made in the protection of high seas ecosystems with 286,200 km2 of the North-East Atlantic established as six MPAs. Here a summary is presented of how the world's first network of high seas marine protected areas was created under the OSPAR Convention, the main challenges and a series of key lessons learned, aiming to highlight approaches that also may be effective for similar efforts in the future. It is concluded that the designation of these six MPAs is just the start of the process and to achieve ecological coherence and representativity in the North-East Atlantic, the network will have to be complemented over time by additional MPA sites. 相似文献
11.
Mochtar Kusuma-Atmadja 《Marine Policy》1991,15(6)
This article examines the role of the concept of sovereignty over national resources in the management of resources. Resource management as opposed to resource exploitation is more desirable both for the protection of the environment and for the sustainable development of resources. It is argued that the national right over resources is an essential element in rational resources management which in turn is indispensable to carrying out a policy of sustainable development. The article first describes the Southeast Asian seas environment. Second, the article examines the regime of archipelagic waters according to the UN Convention on the Law of the Sea, 1982 and its significance for the right of the management of natural resources in the Indonesian marine space. Third, utilization of living resources in the national marine space is reviewed. Fourth, the article deals with the mechanism for a rational management of non-living resources: the Kontrak Karya and production sharing systems for hard minerals and oil and gas respectively. 相似文献
12.
Hannah Parris 《Ocean & Coastal Management》2010,53(1):10-26
The Convention of the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean is a remarkable achievement in international fisheries cooperative management and significant, albeit slow and uneven, progress has been made by its Commission in promoting the conservation of vulnerable tuna stocks and managing fishing capacity. This paper evaluates current progress and suggests that further progress will be difficult to achieve unless attention is given to addressing the inherent risks in fisheries management and in the underlying incentives facing WCPFC members. Both issues could be addressed over the longer term by drawing on the strengths of existing management strategies that are actively debated within the WCPFC. 相似文献
13.
《Marine Policy》2014
Various international treaty bodies and non-governmental organisations continuously urge States to establish a network of Marine Protected Areas (MPAs) in areas beyond the limits of national jurisdiction (ABNJ). Although this goal is far from being reached, the OSPAR Convention may serve as an example illustrating the efforts made on a regional level for the North-East Atlantic. However, these efforts to effectively protect the marine environment are subject to limitations under the Convention on the Law of the Sea (UNCLOS). Likewise, the OSPAR Convention itself restricts the scope of such protected areas. The OSPAR Convention does not adequately cover all human uses of the oceans that may interfere with a protected area, and it lacks opportunities for internationalised enforcement measures. Consequently, the responsibility for effective conservation measures under the OSPAR model ultimately remains with individual Contracting Parties, i.e. their commitment to set stricter standards and to agree on their enforcement. Nevertheless, ‘soft’ obligations such as reporting duties are suitable for collecting data on the need for protection and utilisation of the MPAs. Additionally, cooperation with regional fisheries management bodies allows for better protection of the living resources in these areas. Finally, OSPAR MPAs can draw attention to particularly vulnerable ecosystems and promote conservation standards and measures such as those developed under the auspices of the FAO. 相似文献
14.
国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。 相似文献
15.
《Marine Policy》2001,25(5):353-364
On the 20th of April 2001 the coastal States and fishing nations of the South East Atlantic Ocean adopted the “Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean”. This article analyses the process of negotiating the convention, from its initiation by Namibia in 1995 until its adoption in 2001. It argues that the fisheries played a secondary role in the process, while the negotiations revolved around the appropriate status and implementation of the UN Fish Stocks Agreement of 1995. 相似文献
16.
The contradiction between the claim for integrated management of the coastal areas by the UN Conference on Environment and Development (UNCED, 1992), on the one hand, and the persistence of analytical epistemological approaches by the scientific community on the other, is discussed. In this context, it is emphasised how the modern approach led to the desegregation of the ocean into two realms, namely the coastal ocean subject to national jurisdiction, and the international ocean, making it difficult to design and operate integrated management. Moreover, the international ocean is vertically subdivided into two realms, namely the water column, having the status of res nullius, and the deep seabed, claimed as patrimony of mankind; hence the increasing difficulty in operating the protection of the ocean ecosystem and the efficient use of its resources while the human pressure on the ocean is growing without precedent. A positive feedback is needed between science and policy, the former being encouraged to overcome the analytical, modern approach; the latter being keen to consider the long term humankind-sensitive interest above the national interests. The role of geography in contributing to these prospects is discussed in the final part. 相似文献
17.
《Marine Policy》2001,25(1):61-69
Opportunities may arise to arrest a ship in maritime zones beyond internal waters, e.g. in the territorial sea and the exclusive economic zone (EEZ). This paper examines the possibilities for arrest in those areas on the basis of jurisdiction ratione loci and ratione materiae. Under Belgian law the territorial sea is not part of the State's territory; accordingly, the Belgian Judicial Code does not provide for an attachment judge nor a bailiff to have jurisdiction in this area and a fortiori in the EEZ. The law of April 22, 1999 solved the problem of territorial jurisdiction in this respect. As far as a ship's arrest in the EEZ is concerned, it is not clear whether the United Nations Law of the Sea Convention (articles 73 and 220) combined with the requirement of a maritime claim, allows for an arrest at all. 相似文献
18.
《Marine Policy》2017
While the coastal State has ‘sovereign rights’ with respect to the exploration, exploitation, conservation and management of the living resources of the exclusive economic zone, including the right to take the necessary enforcement measures, these rights are not as all-encompassing as they first appear. In practice, the geographic and substantive limitations on the coastal State's jurisdiction in the exclusive economic zone provide significant challenges to effective fisheries governance and enforcement. This paper considers the approaches that have been adopted – or could be adopted – by coastal States seeking to improve the reach and effectiveness of their jurisdiction over the living resources of the exclusive economic zone, by reference to the current state of jurisprudence from international courts and tribunals. 相似文献
19.
近年来,各国持续关注国家管辖范围外海洋生物多样性保护和可持续利用国际协定(The Convention on Marine Biodiversity Conservation and Sustainable Utilization beyond Areas of National Jurisdiction,以下简称BBNJ国际协定)谈判问题。文章从BBNJ国际协定谈判发展历程,分析海洋遗传资源惠益分享、区域管理工具、环境影响评价、能力建设和技术转让等重点问题,探讨了制定BBNJ国际协定需要考虑的因素,指出我国应加强海洋事务法律及相关政策的研究,提高我国参与国家管辖外海域治理能力的应对策略。 相似文献
20.
《Marine Policy》2015
The adoption of UN Convention of the Law of the Sea in 1982 created optimism for indigenous peoples and marginalised coastal communities that they may (re)gain control of, or improve access to, marine resources. However concerns were also raised that opening the seas to industrial development might create threats for traditional users of the sea. Twenty-five years later the potential enclosure of large areas of coastal seas to marine renewable energy development is reigniting debates about marine governance, access and control over marine resources. Case studies in Scotland, Canada, New Zealand and Australia reveal a dynamic tension between: an economic development ‘blue growth’ agenda requiring the creation of private rights in the sea; and socio-political drivers which seek to address historic injustices and increase access to natural resources by indigenous and marginalised coastal communities. As yet there is little evidence of this tension being adequately addressed by emerging institutional frameworks for managing marine resources. 相似文献