Summary The Internationalization of Common Spaces Outside National Jurisdiction The development of an international administration for Antarctica, Outer Space, High Seas and the Deep Sea-Bed

1984 ◽  
pp. 707-717 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
Deep Sea ◽  
Outer Space ◽  
Sea Bed ◽  
National Jurisdiction ◽  
High Seas

The Global Commons and Common Interests: Is there Common Ground?

2021 ◽  
pp. 13-45
Author(s):  
Nilufer Oral
Keyword(s):  
Common Ground ◽  
Biological Diversity ◽  
Outer Space ◽  
Sustainable Use ◽  
The Moon ◽  
Global Commons ◽  
National Jurisdiction ◽  
Common Interests ◽  
And Control ◽  
High Seas

The global commons, or common areas, are those areas that lie beyond the national jurisdiction and control of any state. In general, these areas include the deep seabed, the high seas, the atmosphere, the Moon and outer space, and Antarctica. However, other than falling under a common nomenclature there is no common regime that applies to these common areas, or global commons. This chapter examines the different regimes of common heritage, common concern, and the freedom of the high seas, as they apply to the different global commons looking at the specific case of the new international legally binding instrument for conservation and sustainable use of biological diversity in areas beyond national jurisdiction under negotiations at the United Nations. In conclusion the legal landscape that emerges for the global commons is one more of variation than commonality.

An Evaluation of Proposals for a Regime for the Deep Sea-Bed in the Light of National Experience

1976 ◽  
Vol 13 ◽  
pp. 281-294
Author(s):  
Michael Crommelin
Keyword(s):  
Developing Countries ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Special Interests ◽  
The Third ◽  
Sea Bed ◽  
Equitable Sharing ◽  
National Jurisdiction ◽  
Legitimate Interests ◽  
National Experience

Committee I of the Third United Nations Conference on the Law of the Sea is charged with responsibility for devising treaty provisions to govern the sea-bed and ocean floor beyond the limits of national jurisdiction, and in particular, for devising a regime for the management of the resources of this area. In addition, the committee has the task of preparing articles to provide for the equitable sharing by all states in the benefits derived from the international area, bearing in mind the special interests and needs of developing countries and having due regard to the rights and legitimate interests of states which may be affected by activities in the area. The committee is to be concerned, therefore, with the possible adverse effects on the economies of those developing countries which are land-based producers of the minerals likely to be derived from the international sea-bed area.

scholarly journals Definition and detection of vulnerable marine ecosystems on the high seas: problems with the “move-on” rule

2010 ◽  
Vol 68 (2) ◽  
pp. 254-264 ◽  
Author(s):  
Peter J. Auster ◽  
Kristina Gjerde ◽  
Eric Heupel ◽  
Les Watling ◽  
Anthony Grehan ◽  
...  
Keyword(s):  
Deep Sea ◽  
Large Scale ◽  
Sustainable Use ◽  
Marine Ecosystems ◽  
Fishing Gear ◽  
Precautionary Approach ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
National Jurisdiction ◽  
High Seas

Abstract Auster, P. J., Gjerde, K., Heupel, E., Watling, L., Grehan, A., and Rogers, A. D. 2011. Definition and detection of vulnerable marine ecosystems on the high seas: problems with the “move-on” rule. – ICES Journal of Marine Science, 68: 254–264. Fishing in the deep sea in areas beyond national jurisdiction has produced multiple problems related to management for conservation and sustainable use. Based on a growing concern, the United Nations has called on States to prevent significant adverse impacts to vulnerable marine ecosystems (VMEs) in the deep sea. Although Food and Agriculture Organization (FAO) guidelines for management were produced through an international consultative process, implementing criteria for designation of VMEs and recognition of such areas when encountered by fishing gear have been problematic. Here we discuss assumptions used to identify VMEs and current requirements related to unforeseen encounters with fishing gear that do not meet technological or ecological realities. A more precautionary approach is needed, given the uncertainties about the location of VMEs and their resilience, such as greatly reducing the threshold for an encounter, implementation of large-scale permanent closed areas, and prohibition of bottom-contact fishing.

ZONA EKONOMI EKSLUSIF (ZEE) DALAM POROS MARITIM DAN TOL LAUT

2018 ◽  
Author(s):  
Joko Dwi Sugihartono
Keyword(s):  
Deep Sea ◽  
Exclusive Economic Zone ◽  
National Unity ◽  
Logistics Cost ◽  
The Earth ◽  
Sea Bed ◽  
Sea Transportation ◽  
Economic Zone ◽  
The Law ◽  
Lack Of Knowledge

<p>in Indonesia is a region bordering the sea region of Indonesia determined by the law which included sea bed, land under it and water above it with the limit of 200miles. This is measured from Indonesian line of the sea.This whole time a lot of people see the shoreline as the sea border. This perspective makes us alienated and lack of knowledge to take advantage of the sea. This understanding also conjures the idea sea toll, to confirm that Indonesia is maritime country. Sea toll means building sea transportation with ships or sea logistic system which will serve nonstop back and forth from Sabang to Merauke. One of the factors to support this is by building ports (deep sea port) order to give faraway to big ships. A course that spreading as far as 5,000 kilometers or an eighth circumference of the earth One of the purposes of sea toll is to move the economy as efficient and evenly as possible. With the hope that, there will be ships back and forth on Indonesian water, so logistics cost will be cheap. That is why; sea toll is one of President Joko Widodo’s priorities which are also meant to develop Indonesia as maritime country and develop Indonesia as national unity. In addition sea toll can also be affirmation, that Indonesia is in every regions even if it is through ships.</p><p><strong>Keywords : Exclusive Economic Zone (ZEE) , Sea Toll , The Shaft Maritime, A Seaport</strong></p>

Recommendations by Pacem in Maribus V to the U.N. Conference on the Law of the Sea

1975 ◽  
Vol 2 (1) ◽  
pp. 14-16
Author(s):  
Elisabeth Mann Borgese
Keyword(s):  
Integrated Management ◽  
Marine Ecosystem ◽  
Law Of The Sea ◽  
Global System ◽  
Integrated Management System ◽  
Sea Bed ◽  
Present Generation ◽  
National Jurisdiction ◽  
Technological Developments ◽  
The Common

Pacem in Maribus once again stressed that an ocean regime must encompass the oceans as a whole and be considered as a sub-system of the entire global system. Jurisdictional decisions, including those affecting the Exclusive Economic Zone (EEZ), must reflect that paramount concern. It is not a matter of geographical realignment or of partition; marine ecosystem do not correspond to political demarcations. Nor is mankind, for which the concept of the common heritage is prescribed, confined to coastal states or to the present generation.In its discussions and studies, Pacem in Maribus has consistently stressed the significance of rapid scientific and technological developments which have radically changed the nature of many conventional uses of the sea and call for management as the only alternative to conflict and possible disasters. In its commitment to an Ocean Space Authority rather than to an International Sea-bed Authority, Pacem in Maribus contends that activities on the sea-bed cannot be dissociated from activities in the water-column, at the surface, and at the atmospheric interface; that the sea-bed must become part of an integrated management system for ocean space; and that claims to national jurisdiction carry a surrogate responsibility in that management.Pacem in Maribus contends that any Law of the Sea which does not respect and embody these overriding considerations will prove to be ineffective if not inoperable.

scholarly journals The global network of ports supporting high seas fishing

2021 ◽  
Vol 7 (9) ◽  
pp. eabe3470
Author(s):  
Jorge P. Rodríguez ◽  
Juan Fernández-Gracia ◽  
Carlos M. Duarte ◽  
Xabier Irigoien ◽  
Víctor M. Eguíluz
Keyword(s):  
Fishing Effort ◽  
Global Network ◽  
Automatic Identification ◽  
Identification System ◽  
Middle Income ◽  
Middle Income Countries ◽  
Fishing Vessels ◽  
National Jurisdiction ◽  
The Commons ◽  
High Seas

Fisheries in waters beyond national jurisdiction (“high seas”) are difficult to monitor and manage. Their regulation for sustainability requires critical information on how fishing effort is distributed across fishing and landing areas, including possible border effects at the exclusive economic zone (EEZ) limits. We infer the global network linking harbors supporting fishing vessels to fishing areas in high seas from automatic identification system tracking data in 2014, observing a modular structure, with vessels departing from a given harbor fishing mostly in a single province. The top 16% of these harbors support 84% of fishing effort in high seas, with harbors in low- and middle-income countries ranked among the top supporters. Fishing effort concentrates along narrow strips attached to the boundaries of EEZs with productive fisheries, identifying a free-riding behavior that jeopardizes efforts by nations to sustainably manage their fisheries, perpetuating the tragedy of the commons affecting global fishery resources.

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