Ocean governance: Strategies and approaches for the 21st century: Proceedings of the law of the sea institute, July 11–14, 1994

1997 ◽  
Vol 35 (1) ◽  
pp. 33-44
Author(s):  
Christopher C. Joyner
Author(s):  
Pavliha Marko

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.


Author(s):  
Golitsyn Vladimir

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.


Author(s):  
Chircop Aldo

This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.


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