Australia and the pursuit of “not undermining” regional bodies at the biodiversity beyond national jurisdiction negotiations

Marine Policy ◽  
2022 ◽  
Vol 136 ◽  
pp. 104929
Author(s):  
Ethan Beringen ◽  
Nengye Liu ◽  
Michelle Lim
Keyword(s):  
National Jurisdiction

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

Identifying Community Interests in International Law

2018 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Available P ◽  
General Question ◽  
Global Commons ◽  
Settlement Systems ◽  
Community Interest ◽  
National Jurisdiction ◽  
Advisory Opinions

This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.

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 Environmental Impact Assessment in Areas beyond National Jurisdiction

2012 ◽  
Vol 27 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Present Report ◽  
Legal Framework ◽  
International Debate ◽  
National Jurisdiction ◽  
Specific Activities ◽  
Negative Impacts ◽  
And Control

Abstract Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.

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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