共查询到20条相似文献，搜索用时 15 毫秒
1.
《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
2.
《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
3.
《Marine Policy》2005,29(2):175-183
Specific voluntary guidelines are proposed for military and intelligence gathering activities in the EEZ. Views on the guidelines range from strong reservations regarding any restrictions on these activities to support for some restrictions. There is general support for the effort to promote mutual understanding and agreement on the rights and obligations of the maritime powers which do not want any rules and coastal States that want some predictability and protection against intimidation. The challenge is to find a practical way of handling these issues. Suggestions are provided regarding requisite specific assurances and the process for implementing and enforcing any such guidelines. State consent and State practice will play a significant role in this process. 相似文献
4.
《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
5.
《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
6.
《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
7.
《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
8.
Regional co-development and security:: a comprehensive approach 总被引：1，自引：0，他引：1
Concepts of security are no longer limited to the military form, but other potential, economic, ecological, social aspects are becoming included.Emphasis needs to be put on integration of all dimensions of security. Many environmental problems present threats to human health and welfare and hence to the well-being of nations. The environmental issues cannot be ignored in context of any comprehensive security concept, but environmental security should not be treated in isolation.Integration of sustainable development and regional security may address many of the current maritime issues. Such integration may best be handled jointly and at regional levels.With this in mind and the realization that there is now a clear awareness and understanding that issues such as poverty, underdevelopment, population growth, environmental quality and sustainable resource use, are interrelated and interdependent and must be dealt with as such, the paper aims to highlight some aspects of regional security and sustainable development issues with reference to the Mediterranean basin. The aim is to initiate a process to pursue integration of sustainable development and comprehensive regional security with focus on the Mediterranean.The approach is based on the concept of the Common Heritage of Mankind as proposed by Arvid Pardo in 1967. It has 4 dimensions: economic; ethical; environmental; peace and security. In dealing with the proposal of Arvid Pardo the United Nations General Assembly decided to split up the concept: the Conference on the Law of the Sea was to deal with the peaceful uses of oceans and sea-beds; the Conference on Disarmament with the security aspects, then considered as military. UNCED 92 maintained the separation in addressing only environment and development, with management also included. However, peace and security were not included. It is time now to include these elements, and also consider the enforcement issue. The paper aims at illustrating this need through some examples from the Mediterranean basin. 相似文献
9.
《Ocean & Coastal Management》1999,42(9):849-855
A brief presentation is made of the concept of the Exclusive Economic Zone (EEZ) adopted by the United Nations Conference on the Law of the Sea, and included as a major feature of the Law of the Sea. The potential of the EEZ for the small developing island countries is discussed, together with the possibility of using the EEZ to achieve a larger measure of equity among nations than the prevailing one. The role of the EEZ in obtaining improved ocean governance, more sustainable management of the marine resources and control of marine pollution is considered. The need for building an indigenous capacity to deal with the marine resources and issues is identified and the possibility of achieving this through regional cooperation. The possibilities inherent in the EEZ regime for oceanic islands are discussed, with focus on the Indian Ocean, the Mediterranean and the central Atlantic Ocean. 相似文献
10.
Andrew David Morgan 《Ocean & Coastal Management》2011,54(9):652-657
Adoption of effects-based management, environmental effects-based management (EEM) or ‘learn as we go, is essential to open up access to all of New Zealand’s Maritime Exclusive Economic Zone (EEZ) resource base into the future. Utilising knowledge gained from ‘learn as we go’ and combining it with the integration of sectarian agendas and establishment of a central government EEZ agency empowered by an Act of Parliament will ensure future food and energy security is met. To achieve this integration of environmental effects management with security of access and stakeholder buy in is needed. Government hierarchies should not limit integration under EEM, policy should be non-separatist, and regions should be defined using ocean zoning. Future food and energy security can then be thought of in terms of environmental carrying capacity, moving away from regimes overly focussed on regulating for development. Ocean zoning could be used to assign property rights, with all activities subject to EEM regulation and enforcement of adaptive environmental standards through a central government EEZ Ocean Affairs agency. An overarching strategy to provide a framework guiding the development of New Zealand’s EEZ organisational infrastructure and decision making is needed to achieve this. 相似文献
11.
《Marine Policy》2004,28(1):13-18
Naval strategy and operational focus are shifting toward regional and littoral warfare. The application to extended jurisdictional zones of rules formulated for 3 nm territorial seas is creating international tension as well as new roles for navies. But the argument that the Navy should control the EEZ has fundamental weaknesses. Tentative recommendations are given for reforming the rules of naval warfare in light of extended jurisdictional zones.The growing importance of Rules of Engagement (ROE) reflects a greater degree of control of the military by politicians. This and the spread of high tech weapons have made the operations of naval forces extremely complex. ROE are now being rewritten around three key elements—separation of prohibitions from permissions, determination of the political objective, and conformity between the rules and the force profile and objective. ROE must also be separated from rules of behavior, which are the province of the military. And multilateral naval operations in the same EEZ must have the same ROE. 相似文献
12.
《Marine Policy》2005,29(2):107-121
Navigational freedoms have been a central part of the law of the sea for hundreds of years, but significant restrictions have been imposed recently upon these freedoms. Fishing vessels are subject to the most restraints and, to protect their fish catch, must now give notice whenever they travel through the exclusive economic zone (EEZ) of another country. Oil tankers, especially those with single hulls are also subject to a variety of restraints, and any ship with a dangerous cargo must conform to international, regional, and national regulations. Ships carrying ultrahazardous nuclear cargoes have been told by many countries to avoid their EEZs, and these ships have in fact picked routes designed to avoid most EEZs. Security concerns have increased dramatically during the past 2 years, and it has become almost commonplace for the major maritime and military powers to assert the right to stop and board merchant vessels to look for suspect cargoes in all parts of the oceans. Even military vessels, which have immunity from seizure, must nonetheless respect the many rules that have been established to protect the marine environment and the security of coastal populations. A new norm of customary international law appears to have emerged that allows coastal states to regulate navigation through their EEZ based on the nature of the ship and its cargo.It appears that it is no longer accurate to say that the freedom of navigation exists in the exclusive economic zone of other countries to the same extent that it exists on the high seas. The balance between navigation and other national interests continues to develop, and navigational freedoms appear to be disappearing during this evolutionary process. 相似文献
13.
本文简要描述了国际海洋边界划定与目前状况，其内容包括海洋边界划定，边界划定与海洋法，世界海洋区域及美国、俄罗斯划界概况和专属经济区与大陆架等问题。文章呼呈我国应加速海洋立法过程，尽快划出专属经济区与大陆架边界。 相似文献
14.
《Marine Policy》2005,29(2):123-137
In the practice of States and in discussions relating to military and intelligence gathering activities in exclusive economic zones, there is a lack of common understanding with regard to some of the key terms in the 1982 UN Convention on the Law of the Sea. This chapter reviews the origin and use and interpretation of such terms as “peaceful uses,” “peaceful purpose,” “freedom of navigation and overflight,” “residual rights,” “other internationally lawful uses of the sea,” “installations and structures,” “due regard,” “normal mode,” hostile intent, and abuse of rights with a view to clarifying their agreed meaning and identifying any areas of disagreement. 相似文献
15.
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.
P.Lewis Young 《Marine Policy》1984,8(4):360-363
There are many territorial disputes in Asia — both on continental Asia and in the surrounding seas. These disputes are often extensions of wider ethnic, historical and ideological rivalries. A relatively new development in disputes over island territories and EEZ boundaries is the economic dimension that has been added to old disputes and rivalries: the disputing nations, aware of the benefits that offshore oil and minerals, as well as fishing, can provide to their economies, have a clear financial incentive to pursue their claims as strongly as they dare. National pride and wider political and ideological conflicts with their rival claimants further reduce the prospects for compromise. Tensions are increased by the possibility that a military conflict in pursuit of a claim could lead to escalation, drawing the USA and the USSR into the dispute. This article outlines some of the major tension points in the area of the South China Sea. 相似文献
18.
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
19.
A method is presented to define principal areas for fisheries at high spatial resolution applicable to be implemented into marine spatial planning procedures. Vessel monitoring system (VMS) data from 2005 to 2006 are acquired to determine vessel-based fishing effort. Principal areas for the German exclusive economic zone (EEZ) are defined as areas in which 75% of the effort of either year is carried out. Examples are given for the 5 most abundant fisheries in the German EEZ in terms of vessel-based effort, i.e. gill netting, pelagic trawling, demersal otter board trawling and beam trawling >300 and <300 HP. A historical comparison for demersal otter board trawling shows relative stability of spatial utilization patterns in the North Sea section of the EEZ. 相似文献
20.
Abstract The U.S. Bureau of Mines conducted beneficiation and digestion tests to evaluate the potential of recovering P2O5 from an apatite deposit located 10 nautical miles offshore Savannah, GA, in the Exclusive Economic Zone (EEZ). A 1.8 metric ton sample containing 1.0–1.5% P2O5 was obtained in a cooperative drilling project involving the Bureau of Mines, the Marine Minerals Technology Center‐Continental Shelf Division, the Minerals Management Service, and the Georgia Nonenergy Minerals Offshore Task Force. Beneficiation methods were evaluated with the goal of producing a 29–31% P2O5 concentrate with a CaO: P2O5ratio of less than 1.6: 1. These specifications were obtained using a combination of gravity separation and flotation. Comparative leaching tests conducted using EEZ, Idaho, and Florida phosphate concentrates showed that these EEZ phosphates behaved similarly to land‐based phosphates. The results suggest that as land‐based phosphate deposits are depleted, ocean phosphates represent a feasible alternate source. 相似文献