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1.
《Marine Policy》2005,29(2):139-146
Regarding the regime of military and intelligence gathering activities in the EEZ, China argues that the freedoms of navigation and overflight in the EEZ have certain restrictions including that the activity must be peaceful and not threaten to use force against the coastal State. This includes military surveys, military maneuvers, and military reconnaissance which are a form of battlefield preparation. These activities are also subject to due regard for the rights of the coastal State. China also argues that there are serious shortcomings regarding the regime of marine scientific research (MSR) in the EEZ and that marine surveys or military surveys carried out by MSR platforms require the consent of the coastal State. 相似文献
2.
《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
3.
《Marine Policy》2005,29(2):163-174
This paper reviews differences and overlaps between hydrographic surveying and marine scientific research in the exclusive economic zone (EEZ), including the concept of military surveying. It concludes that recent trends with technology, the utility of hydrographic data and State practice suggest that hydrographic surveying in the EEZ should be under the jurisdiction of the coastal State. Paradoxically arguments for military surveys in the EEZ being outside coastal State jurisdiction appear stronger than those for hydrographic surveying. The paper offers some guidelines related to the conduct of hydrographic surveying in the EEZ. 相似文献
4.
《Marine Policy》2004,28(1):89-96
Military intelligence gathering activities in the EEZs are becoming more controversial and more dangerous due to increasing and changing demands for technical intelligence; robust weapons and electronic warfare; and widespread development of information warfare capabilities. There is agreement that freedom of navigation and overflight should not interfere with the coastal state's right to protect and manage its EEZ resources and environment. But there is considerable disagreement on the meaning of some key 1982 UNCLOS language, the means of resolving these disagreements, or whether there is a need to do so. Each alternative approach to resolving these disagreements has its advantages and disadvantages. Needed now is a common understanding of terminology and guidelines for military and intelligence gathering activities in the EEZ. What is being proposed is regime building, a process which has its own conditions for, and constraints to, success. Foremost among the conditions for success is the recognition of the necessity of co-operation, and agreement on its form such as the SUA Convention, or ocean management, which may have a spillover effect to enhanced multilateral security. Given the constraints, a loose blueprint for the way forward can be constructed in which the continuity of this informal dialogue plays a major role. Specific next steps include fact finding regarding previous incidents; production of a glossary of definitions of critical terms; categorization of activities in the EEZ as to which are allowed and not allowed; the manner of implementation of coastal states’ rights; the means and manner of enforcement of any agreed rules; and specific suggestions for policy. 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.
Quentin Hanich 《Marine Policy》2012,36(2):327-332
The Western and Central Pacific Ocean is home to the world's most productive tuna fisheries, with the majority of tuna catches occurring inside the exclusive economic zones (EEZs) of the region's developing coastal States. It is important that these fisheries are managed effectively throughout their range, both within and between EEZs and on the high seas. Unrestrained exploitation in a particular EEZ or on the high seas has the potential to significantly impact on catches elsewhere with potentially devastating consequences for developing coastal States, some of which have few alternate resources. The Western and Central Pacific Fisheries Commission (WCPFC) was established in 2004 to manage the region's highly migratory tuna fisheries. However, the WCPFC has since repeatedly failed to adopt conservation and management measures that are sufficient to meet the WCPFC's conservation and sustainable use objectives. This paper analyses catch data from the WCPFC and suggests that the weak position of bigeye (in a strategic political context), the unwillingness of members to compromise their interests and the lack of a transparent framework for distributing the burden of conservation are key factors in the WCPFC's failure to adopt sufficiently strong conservation and management measures. 相似文献
7.
《Marine Policy》2005,29(2):97-99
Maritime issues have risen to the forefront of current security concerns. In particular, military and intelligence gathering activities in foreign exclusive economic zones (EEZ) remain controversial. Exacerbating factors include advancing military and intelligence technology, a growing dialectic between coastal States and maritime powers, and new threats like terrorism and weapons of mass destruction. The Honolulu Meeting was part of a Dialogue series on these issues. Topics covered included a summary of the Tokyo Meeting; recent incidents and developments; different perspectives; the proliferation security initiative; implications for the EEZ regime; key terms: range of interpretation; hydrographic surveys and scientific research: differences, overlaps and implications; draft guidelines for military and intelligence gathering in the EEZ; means and manner of implementation and enforcement of any agreed rules; and conclusions and the way forward. 相似文献
8.
简要介绍了加拿大海洋－海岸带地质调查的推动力和基本经验，以及即将启动的“海底资源填图计划”（SeaMap)。加拿大海洋－海岸带地质调查强调多波束测深技术的应用、多学科的协作和数据库建设，SeaMap将对整个加拿大专署经济区进行综合填图。 相似文献
9.
Several significant international incidents in Asian exclusive economic zones (EEZs) have underscored the ambiguity and lack of agreement regarding the regime governing foreign military activities in coastal States’ EEZs. A group of senior officials and analysts participated in their personal capacities in a dialogue from 2002–2005 that discussed the issues with a view to improving mutual understanding of the regime and finding areas of agreement. The Tokyo meeting in September 2005 reached consensus on some voluntary, non-binding guidelines that are presented here. The guidelines are based selectively on the 1982 UNCLOS, State practice and emerging ‘soft’ law, and attempt to balance the interests of coastal States and user States. It is hoped that they may serve as the basis for discussion and eventual agreements between governments. 相似文献
10.
《Marine Policy》2015
The use of advanced and emerging remote data-collection technologies, and in particular bio-logging of marine migratory species, raises fundamental questions about the scope of authority of coastal states to regulate marine scientific research in the waters under their jurisdiction. Bio-logging involves the attachment of devices to marine animals that collect and transmit data about their movements and aspects of the local marine environment, and is now routinely used by marine scientists to support conservation programs and augment oceanographic data collection. Tagged marine life, including seabirds, marine mammals, sea turtles and pelagic fishes, may interact unpredictably with the territorial seas and exclusive economic zones (EEZs) of numerous coastal states. This article explores the legal implications of bio-logging within the legal regime of marine scientific research in the law of the sea. Although bio-logging is a form of marine scientific research, when it is initiated outside a coastal state׳s jurisdiction it does not later fall within it, even if the tagged animals subsequently enters a coastal state׳s territorial sea or EEZ. 相似文献
11.
《Marine Policy》2015
The declaration of exclusive economic zones (EEZs) granted coastal states sovereign rights over the marine resources in their EEZs and enabled developing coastal states to legally charge access fees to distant water fishing (DWF) nations for access to the resources in these waters. Despite the potential for economic gains, however, the ability of coastal states to benefit from the granting of sovereign rights and to ensure the sustainable use of their fisheries resources depends on how domestic fishing effort responds to the harvesting decisions of the DWF nations. We develop a stylized bioeconomic model to explore the change in fishing behavior of host and DWF nations when the two nations enter into an access agreement with varying levels of access fee. We further conduct an econometric analysis of changes in Pacific island nations’ harvesting behavior in response to the harvest decisions of DWF nations using data from the Western and Central Pacific tuna fishery. Our model results show that there is a range of variable access payment levels over which the host nation substitutes benefits from its domestic fishing activity with access payments from the DWF nation and that setting fees in this range can create a trap whereby host nations are forced to trade-off receiving a fair return to their fishery resources through access fees and retaining their own active fleet capacity. Our empirical analysis further shows a gradual shift in the way in which Pacific island host nations responded to the harvest decision of DWF nations as a result of the creation of the 200-nautical-mile EEZ. 相似文献
12.
《Marine Policy》2005,29(2):185-187
Military and intelligence gathering activities in the EEZs will likely become more intensive and intrusive. They will also become more controversial because there is disagreement regarding the regime governing such activities in the EEZ. Dialogue leading to agreed voluntary guidelines for these activities must continue. 相似文献
13.
Rgnvaldur Hannesson 《Marine Policy》2008,32(6):886-897
The exclusive economic zone (EEZ) became accepted internationally in the 1970s. This transferred resource wealth to the coastal states establishing such zones. The history of the EEZ is reviewed, and its impact on the economic development of the Pacific island states considered. The growth performance and the tuna fishery development of these states are reviewed and possible causes of limited success discussed. The use of trust funds to increase the resource wealth of the Pacific island states is briefly considered. 相似文献
14.
《Marine Policy》2005,29(2):147-151
The 1982 UNCLOS does not curb military activities in foreign EEZs. By specifically prohibiting certain activities in the territorial sea, it follows that such activities are permissible outside of it. Thus, the “peaceful purposes” clause is only a policy goal. However, due to new threats and technological advances, the authority, capability and jurisdiction of coastal States is being enhanced. Thus guidelines are needed to avoid certain contradictions. 相似文献
15.
《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
16.
《Ocean & Coastal Management》2007,50(9):699-712
Pursuant to statement issued by the Government of Vietnam on 12 May 1977, on the territorial sea, the contiguous zone, the exclusive economic zone (EEZ) and the continental shelf of Vietnam, and according to the provisions of the LOS Convention, the EEZ of Vietnam extends principally up to 200 NM from the baseline, and the area of EEZ amounts to about one million square km including the Hoang Sa (Paracel) and Truong Sa (Spratly) Islands [The declaration of the Government of Vietnam on the territorial sea, contiguous zone, exclusive economic zone and continental shelf, Hanoi, 1977]. The establishment of EEZ has significantly changed circumstances for the fisheries sector in Vietnam.Recently, even though the adaptation of new techniques and technologies to the fisheries sector has been somewhat successful and resulted in the limitation of effective exploitation opportunities, sea fishing is still very important to the economy of Vietnam. In fact, fisheries development in Vietnam has the following important objectives, whether pursued in marine or fresh water: foreign exchange earnings; protein for local diets and feeds for live stock; provision of employment. However, a matter of concern is that the outdate fishing methods and uncontrolled fishing are damaging the marine environment and living resources. These problems have been recognized and courses of action have been formulated. A prerequisite condition for resolving this issue is to have a mechanism for synchronized policies which are guaranteed by appropriate macro management. The main purposes of this paper are a review of some aspects of fisheries sector development and management in Vietnam in the light of the new regime of the EEZ, represented in the LOS Convention. An important objective of the paper is the emphasis on the problem of policy-relevant research for fisheries sector management in the future. 相似文献
17.
New Zealand has a large exclusive economic zone (EEZ) that contains a variety of marine habitats and commercially-important species. The commercial fishing industry operating within New Zealand's EEZ is of significant value to the economy and fisheries resources are managed through the extensive use of Individual Transferable Quotas (ITQs). One of the benefits of ITQs has been to better align some of the private incentives of quota owners with the public interest. These incentives contributed to an initiative proposed by the fishing industry to close large areas of New Zealand's EEZ to protect the seabed from trawling. These closed areas are termed benthic protection areas (BPAs) and protect the benthic biodiversity of about 1.1 million square kilometres of seabed—approximately 30% of New Zealand's EEZ. A significant proportion of New Zealand's known seamounts and active hydrothermal vents are protected by these closed areas. We describe and discuss the criteria used to select BPAs and some of the criticism of this marine protection initiative. We argue that the assignment of strong property rights in fishing resources was an important precondition to an industry initiative that has a significant public benefit. Where private and public interests are well aligned, government can adopt an enabling and facilitation role, ceding direct control of processes in order to get the results the align with the public interest. 相似文献
18.
《Marine Policy》1999,23(2):131-145
The regime of innocent passage was developed to accommodate conflicting State interests in the territorial sea. Security and, more recently, environmental interests of coastal States, are opposed to the interests of maritime States in minimizing interference with navigation. This article discusses the regime of innocent passage in international law through the analysis of relevant treaty rules, including recent developments at IMO, and state practice. Specific attention is given to passage by warships and to coastal state jurisdiction over pollution by vessels in general and over ships carrying hazardous cargoes in particular. 相似文献
19.
Joseph R. Morgan 《Marine Policy》1982,6(3):236-237
For the Association of Southeast Asian Nations (ASEAN) — Indonesia, Malaysia, the Philippines, Singapore and Thailand — the classical naval missions, protecting the country from seaborne attack and keeping vital sea lanes open, are less important than functions related to new concepts in the law of the sea, coupled with problems which have plagued South-east Asians for hundreds of years. Each of the ASEAN countries now is entitled to claim vastly extended exclusive economic zones (EEZs) and continental shelves, and all but Singapore have been able to extend their maritime territories greatly. However, the old problems of combating piracy, smuggling and illegal barter trade still exist. To these must be added the new patrol functions necessary to protect offshore resources and enforce extended maritime jurisdictional claims. 相似文献
20.
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