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1.
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
2.
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
3.
《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
4.
《Marine Policy》2014
Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community. 相似文献
5.
《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
6.
《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
7.
E.J. Langevad 《Marine Policy》1981,5(3):264-267
The fundamental principles governing the exploitation of deep sea mineral resources stipulate that these resources shall be developed as a common heritage for the benefit of mankind as a whole.1 The mineral resources that concern us at present are the metalliferous nodules containing nickel, copper, cobalt and manganese which are found over parts of the ocean floor. Included in the task set for the UNCLOS III was the responsibility to devise a legal and administrative framework which would give practical effect to these principles of exploitation and to enable the mining of the manganese nodules to become a reality. 相似文献
8.
本文对澳大利亚、加拿大、英国的专属经济区及大陆架规划进展和规划文本进行对比研究,结果显示这三个国家的专属经济区及大陆架规划文本具有覆盖范围全、定期修订、注重生态系统保护和重视利益相关者的共同特点;同时在规划目标、实施力度、财政支持力度以及跟踪保障措施等方面存在差异。这表明专属经济区及大陆架规划制定应该遵循四个基本理论:国土资源安全理论、动态规划理论、可持续发展理论和利益相关者理论;同时应当做好三方面保障工作:法律保障、管理体制保障和文化保障。在此基础上针对我国专属经济区及大陆架规划目前存在的法律体系、管理体制、管理意识困境,提出相关规划编制建议。 相似文献
9.
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
10.
《Marine Policy》2017
The purpose of this paper is to analyse the relationship of the proposed new UNCLOS Implementing Agreement concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction with the current legal framework concerning fisheries. It elaborates on selected elements that are under negotiations, namely: marine genetic resources, area-based management tools, including marine protected areas, as well as environmental impact assessments. Each of those elements is analyzed with particular emphasis being laid on the following issues. Firstly, how the current legal status quo in the relevant area looks like. Secondly, how the question of fisheries could be included in a future treaty and, thirdly, what bearing it could have on the current framework of the management of fisheries.The article concludes with the identification of possible fields where the new treaty could bring added value. However, some possible challenges are mentioned as well. They relate in particular to the fact that the mandate of negotiations underscores that they shall not ‘undermine existing legal instruments and frameworks and relevant global, regional and sectoral bodies’. 相似文献
11.
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
12.
Gunnar Kullenberg 《Ocean & Coastal Management》2010,53(8):405-420
Stimulus to reach the millennium goals of poverty abatement and empowerment, including education and employment, for the large part of the population in the coastal zone can be found in the resources and services of oceans and coasts; the required financial means, given political will and right priorities, can be provided through implementation of the related international conventions, in particular UNCLOS with the EEZ, the Common Heritage of Mankind and other provisions, Agenda 21 [1] of UNCED and the WSSD 2002 Ocean Targets; the motivation is the necessity to address over-exploitation, depletion and destruction of resources, habitats and coastal ecosystem services, global changes, as well as economic transformations and social conditions of poverty, employment and unequity. Achieving adequate management and protection of natural assets as ecosystems and their services, habitats, biodiversity requires that the socio-economic and human security needs of the coastal populations are met. One way to reach the goal is to enable them, representing about 50% of the global population and increasing, to fight poverty and cope with uncertainties and changing conditions of employment, environment and sustainability through proper governance of the coastal and ocean assets. This includes provision of education and knowledge as regards these assets and their proper uses. They include energy, water, food, transportation and trade, communication, coastal developments, tourism, recreation and ecosystem services, as well as the need to properly manage them.The present economic system cannot fully harmonize with the required governance, partly since the ecosystem resources and services are not internalised in the market-oriented system. This calls for a revised education and training system, more comprehensive than the present, taking into account the social, cultural and environmental requirements, and stressing the sustainable development paradigm. In order to achieve ocean governance and comprehensive human security an understanding of the system is needed. This is substantiated through the Decade of Education for Sustainable Development as well as the Millennium Ecosystem Assessment.The aim here is to discuss some of the issues in context of implementation of related ocean conventions and commitments, which include achieving ocean governance, and to elucidate opportunities given by oceans and coasts, also in generating employment and providing for basic human needs. 相似文献
13.
随着全球气候变暖,各国对北极能源的开发愈发重视。美国北极地区的能源储量巨大,但鉴于美国的北极战略核心是国家安全、环境保护和国际合作,其能源开发相对滞后。2013年奥巴马政府出台了《北极地区国家战略》,开始对北极能源开发予以特别关注。特朗普政府执政期间,加强了对北极近海油气能源开发的支持力度。2021年拜登总统上任后,美国的北极能源政策以气候变化为核心,意在推动北极地区的绿色发展。美国的北极能源开发始终面临着法律、资金、技术、环保等各种问题的制约,这也决定了美国北极地区能源开发的复杂性和长期性。我国宜通过制定北极能源合作开发战略,重视北极等极寒地区绿色技术的应用和研发,推动与美国在北极地区气候变化和能源转型的合作,深化国际协作与交流,积极参与北极治理等举措,促进我国对北极能源资源的开发利用。 相似文献
14.
《Ocean & Coastal Management》1999,42(5):369-398
The state of many fisheries and fishery resources requires a major change in development and management policies and strategies, at national and regional levels. The international Code of Conduct for Responsible Fisheries, adopted in FAO in 1995, provides the operational framework for such change, in all fisheries, in the oceans, inland waters, EEZs, international waters, as well as in aquaculture. In their respective areas of competence and in close collaboration, FAO and the World Bank are committed to facilitate the implementation of the Code by fishing and coastal nations. This paper presents the strategy they have developed for the purpose. The paper elaborates on: (1) the main policy-related issues faced by fisheries worldwide (bio-ecological, technological, economic, socio-cultural, institutional and legal, as well as scientific); (2) the Code of Conduct, its background, structure and scope; (3) the basis of the implementation strategy by FAO and the Bank; and the main types of activities involved at global, regional and national levels. In conclusion it describes briefly the main elements of changes imbedded in the strategy and shows that the implementation by FAO and the Bank as well as by the countries has already actively started. 相似文献
15.
《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
16.
《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
17.
Following a discussion of the theory of bureaucratic politics, as outlined by Halperin, Allison, and Neustadt, the author examines, as case studies of the US policy process, the Deep Seabed Mining Legislation Presidential Review Memorandum and the Committee process of the US Delegation to UNCLOS. He then, through application of the theory, formulates recommendations for a more effective policy making process. 相似文献
18.
Elliot L Richardson 《Marine Policy》1981,5(3):256-260
Delegates to UNCLOS III, in drafting a charter for a kind of international institution to control the resources of the deep seabed constituting the ‘common heritage of mankind’, have had to face and find a way of reconciling the antagonism between the “sovereign equality of states’ and the proportional representation of economic interests. This article briefly describes the manner in which this has been achieved. 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.
《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