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1.
Robert Nadelson 《Marine Policy》1992,16(6)
The rapid acceptance of the exclusive economic (EEZ) concept belies the broad differences among State claims beyond 12 nautical miles, and the wide gulf between State practice and the United Nations Convention on the Law of the Sea (LOS Convention). This paper first examines the areas of contention between State practice and the LOS Convention. These differences are characterized and the author concludes that the EEZ regime within the Convention does not address the specific individual and regional needs of States that have resulted in the wide discrepancy among State claims. The author suggests a global authority under which the jurisdictional line would be redrawn along the practical level of coastal State to vessel, rather than the political plane of coastal State to flag State. 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.
“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
4.
《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
5.
《Marine Policy》2005,29(2):101-106
Military and intelligence gathering activities will likely become more intensive, intrusive, controversial and dangerous. Regarding the regime covering these activities, there is general agreement that the exercise of the freedom of navigation and overflight in and above Exclusive Economic Zones (EEZs) should not interfere with the rights of the coastal State in the EEZ. But there is disagreement regarding interpretations of relevant 1982 UNCLOS provisions, the means to resolve the disagreements, or if there is even a need to do so. Increased dialogue between maritime powers and coastal States is necessary to reach a mutual understanding of key terms with a goal of developing some agreed voluntary guidelines for such activities and the means and manner of implementing them. 相似文献
6.
《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
7.
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
8.
《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
9.
Chung-Ling Chen 《Marine Policy》2012,36(2):350-357
It is widely recognized that fishing states are obliged to exercise flag state responsibility over their vessels. In an attempt to become a responsible fishing actor, Taiwan has endeavored to manage its distant water fishing fleet in accordance with international fisheries management. However, the long-standing problems of illegal, unreported and unregulated (IUU) fishing, fish laundering, and fishing overcapacity, which remained unsolved during the 1990s and early 2000s, brought its management capability into doubt. Failure to address these problems undermined the credibility of all management measures and ultimately resulted in a recommendation adopted by International Commission for the Conservation of the Atlantic Tunas (ICCAT) in 2005. This recommendation significantly affected Taiwan's distant water fishing policy. This paper examines how Taiwan assimilated this outside force into its fishing policy as a new response to international fisheries management and how fishers perceived this response. It shows that Taiwan's efforts in controlling distant water fisheries marked a big change, specifically manifest in three noticeable actions - reducing excessive bigeye-targeted efforts, deterring IUU fishing, and strengthening fisheries management. The study advises that management of small tuna vessels be effectively exercised and recommends future actions on providing subsidies for fishers to partially offset costs incurred by rule compliance, streamlining their administrative work, enhancing communication with them, putting more enforcement and meaningful penalties in place. Finally, the study indicates the existence of an interaction in the international fisheries management scheme, potentially favoring Taiwan to bargain for fishing rights and a favorable status in the participation of regional fisheries management organizations (RFMOs) in the future if it continues to exercise effective control of distant water fisheries. 相似文献
10.
《Marine Policy》2015
Marine renewable energy (MRE), though a relative newcomer to the ocean and coastal commons, has become a significant driver of marine spatial planning in the US, posing particular challenges to commercial fisheries and fishing communities. State and federal agencies with primary oversight for MRE development have focused on the identification of places where MRE might proceed unhindered by other uses, most notably coastal fisheries. These agencies and MRE developers have focused on potential space-use conflict and standard mitigation measures for loss of access to that space. However, discussions with fishery participants and other community members, as well as observations of processes on the US West and East Coasts, reveal a complex, multi-faceted social–ecological system not easily parsed out among users, nor amenable to classic mitigation formulas. Recent ethnographic research on potential space-use conflicts and mitigation for MRE demonstrates that marine space use is dynamic and multi-dimensional, with important linkages among fisheries, communities and other interests. Although experiences vary within and across regions and fishing communities, this research illustrates the weak position of fishing communities in marine spatial planning in the context of MRE development. This paper considers the implications of MRE for US East and West Coast fisheries and fishing communities situated within the larger context of neoliberalism and commodification of the ocean commons. 相似文献
11.
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
12.
On 4 August 1995, the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks adopted an Agreement for the conservation and management of straddling and highly migratory fish stocks. The mandate given by the General Assembly required that the results of the Conference be fully consistent with the UN Law of the Sea Convention. The purpose of this article is to examine the significance of the agreement for the law of the sea as embodied in the Convention. It shows that the agreement constitutes an important contribution to the Convention in that it facilitates the implementation of the Convention's provisions, strengthens the Convention's regime, and further develops general or framework rules of the Convention. The most significant contribution lies in the development of the law with respect to such issues as the precautionary approach to fisheries, compatibility of conservation and management measures adopted for areas under national jurisdiction and those for the adjacent high seas areas, the role of regional organizations or arrangements, duties of the flag State, enforcement against foreign vessels on the high seas, and port State jurisdiction. 相似文献
13.
《Marine Policy》2005,29(4):349-355
The development of criteria for the identification of ‘High Risk Vessels’ (HRV) in European waters would allow coastal States to monitor the movements of ships posing significant risk to their interests. However, the pro-active monitoring by coastal States can only be carried out in compliance with the requirements of international law of the sea and with the framework of rights and duties of coastal States established in the UN Convention on the Law of the Sea. This paper proposes ‘HRV’ criteria on the basis of technical standards and rules widely accepted by States through Port State Control Agreements, thus providing a legal basis for the monitoring of ‘HRV’ by coastal States. 相似文献
14.
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
15.
Chandra K. Kumar 《Marine Policy》1982,6(3):239-241
Following the resumed Tenth Session of the Third United Nations Conference on the Law of the Sea (UNCLOS III) the UNCLOS President, Tommy T.B. Koh, declared in a press statement that: ‘The programme of work just adopted by the Conference, spelt out its collective determination that — with or without the United States — delegates intended to bring the Conference to a successful conclusion next spring, and that unlike previous occasions we do not intend to let the commitment slip away from our fingers’.1 相似文献
16.
《Marine Policy》2013
There is a paucity of information on subsistence reef fisheries of indigenous communities in Torres Strait, Australia, and its role within their hybrid economy. Bus route surveys and semi-structured interviews were conducted in 2005 and 2006 on three islands in Torres Strait to understand whether subsistence fishing remains important for the livelihoods of Torres Strait communities and whether patterns of fishing effort are driven by changes in their socio-economic structure. Strong interactions among private (commercial fishing and other wage-employment), public (social security payments from the State) and subsistence sectors were observed. When social security payments were spent, Islanders were more reliant on subsistence fishing. Also, higher levels of involvement in the private sector corresponded with a shift from shore to boat-based subsistence activities. Socio-economic factors, such as involvement in commercial fishing and social security payments, were identified as the main driving factors of subsistence fishing activities. Findings of the present study stress the importance of considering socio-economic factors explicitly in future fisheries assessments and management decisions concerning the sustainability of resources in Torres Strait. 相似文献
17.
《Marine Policy》2014
Managing small-scale fisheries in a developing country like the Philippines is very challenging because of high pressures from expanding fishing population, poverty and lack of alternative options. Thus, resource-focused fisheries management initiatives such as marine protected area (MPA) establishment will likely result in further marginalization of the poor fishers which could pose more serious problems in coastal communities. In this study, the status of small-scale fisheries in 44 coastal towns in the Philippines was assessed using FISHDA (Fishing Industries' Support in Handling Decisions Application), a simple decision support tool which requires minimal or easily-generated data. Results showed that 68% (30 out of 44) of the studied towns have unsustainable fisheries unless 58% of their fishing grounds are protected from all fishing activities. Alternatively, 53% of the active fishers in towns with unsustainable fisheries must totally stop fishing to avert fishery collapse. Alarming as it may sound, this is still an underestimate as catches incurred by the highly efficient and destructive illegal fishing activities such as blast, poison and large-scale fishing, which are reported to be still rampant in many coastal areas in the Philippines, were not accounted for in this study. This study demonstrated that MPAs alone may not be enough to avert fishery collapse even if MPA size is increased from the current 3% to 15% of the municipal waters, i.e. up to 15 km from the shore, as required by the Philippine law. Various challenges confronting the fishery and important recommendations to address them are further discussed. 相似文献
18.
《Marine Policy》2017
This article examines technical aspects of the maritime boundary dispute between Bangladesh and Myanmar (the ‘Bay of Bengal case’). This dispute was the first maritime delimitation determined by the International Tribunal for the Law of the Sea (ITLOS). The 2012 decision was also the first time that a maritime boundary for the seabed and subsoil of the Exclusive Economic Zone (EEZ) and the extended continental shelf (ECS) was determined by international adjudication. This was also therefore the first time that detailed technical quantification of seabed areas within the EEZ and ECS was needed for achieving an equitable division of these maritime zones in an international forum. Following review of the principles of maritime delimitation on which the ITLOS reached its determination, this article analyzes the legal status and delimitation effect of St. Martin's Island. Concerning the question of whether the legal regimes of the EEZ and continental shelf should be treated differently in a single delimitation line, although the ITLOS determined that the legal regimes should not be distinguished in the present case, a different approach is proposed for future cases. The article identifies how quantitative modelling can be used to achieve an equitable boundary and proposes a model to adjust provisional equidistance lines in accordance with the complex geophysical rules prescribed for the outer limits of the ECS in Article 76 of the United Nations Law of the Sea Convention (LOSC). 相似文献
19.
Dong-Oh Cho 《Marine Policy》2012,36(2):321-326
Illegal bottom trawl fishing using nets with a small mesh size has been one of the most difficult problems to address in fisheries management in Korea. This practice has occurred for the last century, since the Japanese colonial period. The elimination of illegal bottom trawl fishing, regulated in the Fisheries Law (Law No. 10292), was extremely difficult because the number of vessel owners increased to greater than 3000, creating a strong oppositional lobby. Therefore, the Korean government carried out an ‘incentive program’ to buy-back vessels, which has been very effective in eliminating illegal bottom trawl fishing in the coastal waters of Korea. 相似文献
20.
《Marine Policy》2016
Salmon fishing used to be the primary source of income in many rural areas of Arkhangelsk oblast in northwest Russia. People who settled in the area received a name Pomory, from Russian po moriu, meaning by sea, because their subsistence activities became marine fishing and hunting and seafaring. Local fisheries have undergone significant changes as post-Soviet Russia embraced the market economy and the state introduced fishing concessions. The current Russian law only allows fishing for salmon through officially registered recreational or commercial fisheries. Both these options are often either unavailable or unaffordable to rural dwellers, which leaves them with limited or no legal access to their traditional salmon fisheries. There has been a growing concern for protecting communities’ fishing rights among wider society in Arkhangelsk oblast. City activists promoted Pomory identity and appealed to the Russian government to grant Pomory an indigenous status to secure their access to fisheries. Although Pomor activism did not reach most of its proclaimed goals, it has contributed to promoting the image of Arkhangelsk oblast as a homeland to Pomor fishing. This image has played an important part in what Arkhangelsk authorities have called socially-oriented fisheries management. Officials have made good attempts to better accommodate rural communities’ access to fishing resources. Yet, these attempts have failed to include fishermen as active participants in the process. This paper looks at constraints on community participation in fisheries management in Russia. It considers both historical and contemporary reasons for the low participation of local community in fisheries management. 相似文献