Coastal State Regulation of Bunkering and Ship-to-Ship (STS) Oil Transfer Operations in the EEZ: An Analysis of State Practice and of Coastal State Jurisdiction Under the LOSC

2019 ◽  
Vol 50 (4) ◽  
pp. 363-386 ◽  
Author(s):  
David Testa
Keyword(s):  
State Regulation ◽  
Coastal State ◽  
State Practice

Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Comparative Analysis ◽  
Arctic Ocean ◽  
Case Law ◽  
The Arctic ◽  
Coastal State ◽  
Ocean Governance ◽  
State Practice ◽  
The Arctic Ocean

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.

On Inter-Disciplinary and Inter-Systemic Approaches to International Investment Law

2015 ◽  
pp. 557-572 ◽  
Author(s):  
Jürgen Kurtz
Keyword(s):  
International Investment ◽  
State Regulation ◽  
Expiry Date ◽  
International Investment Law ◽  
Secondary Literature ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
State Practice ◽  
Investment Law

This review essay identifies two fundamental flaws in much of the secondary literature examining international investment law. The first is a clear attention to disciplines other than law in identifying and understanding the justifications for constraints on state regulation vis-à-vis foreign investment. Secondly, there are stubborn vestiges of self-containment among a sizeable set of legal commentators in this field. This typically reaches its apotheosis in instinctive and hostile opposition to usage of lessons and techniques employed in international trade law. Measured against the direction and nature of contemporary state practice, this type of older commentary is rapidly approaching an overdue expiry date. Prospects in International Investment Law and Policy marks a welcome and significant break from these flawed pathologies. Many of the contributions will shape the contours of innovative and important scholarship in this field. It is a collection that merits careful and repeated consideration.

Is There a Hierarchical Relationship between Natural Prolongation and Distance in the Continental Shelf Delimitation?

2018 ◽  
Vol 33 (1) ◽  
pp. 79-115 ◽  
Author(s):  
Xuexia Liao
Keyword(s):  
Continental Shelf ◽  
Positive Answer ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
Hierarchical Relationship ◽  
State Practice ◽  
The Law ◽  
Constraint Approach ◽  
The Relationship

Abstract If a coastal State claims a continental shelf beyond 200 nautical miles (nm) that intrudes into the 200-nm limit of another State, the problem arises as to whether there is a hierarchical relationship between natural prolongation and distance, the two criteria of entitlement to the continental shelf provided by Article 76 of the un Convention on the Law of the Sea. A positive answer would mean that the continental shelf beyond 200 nm cannot encroach upon the 200-nm limit, otherwise there would be an area of overlapping entitlements which calls for maritime delimitation. This article attempts to analyse this problem from the perspectives of Article 76, relevant judicial cases, State practice, and the relationship between the regimes of the continental shelf and the Exclusive Economic Zone. It is submitted that the law is not conclusive, though a majority of coastal States tend to adopt a self-constraint approach. In addition, this problem brings further challenges to the law of maritime delimitation.

Jurisdiction over Unlicensed Foreign Fishing Vessels in Transit through the EEZ

2021 ◽  
pp. 176-217
Author(s):  
Camille Goodman
Keyword(s):  
State Regulation ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishing Vessels ◽  
Force Majeure ◽  
Balance Of Interests ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
Freedom Of Navigation

This Chapter examines the permissible scope and extent of coastal State jurisdiction over unlicensed foreign fishing vessels in transit through the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea. While the primacy of the freedom of navigation has traditionally been the dominant narrative in the law of the sea, this Chapter argues that the coastal State’s sovereign rights over living resources are now accepted to provide a basis for regulations to be applied to all foreign fishing vessels navigating in the EEZ, even if they are only transiting through the zone without fishing. By examining the variety of regulations that are applied by States in practice, the Chapter establishes that, in relation to foreign fishing vessels and fishing support vessels, the contemporary freedom of navigation effectively equates to a right to undertake continuous and expeditious passage from one point beyond the EEZ to another point beyond the EEZ, except in circumstances involving force majeure or distress, or activities undertaken with the authorization of the coastal State. At the same time, the Chapter notes that the rights of coastal States involve correlative duties, and explores how the concepts of due regard, reasonableness, and the balance of interests apply to limit the extent of coastal State regulation in this area.

Article 7(2) and the Special Case of Deltaic Coasts

2019 ◽  
pp. 49-74
Author(s):  
Kate Purcell
Keyword(s):  
Detailed Analysis ◽  
Water Line ◽  
Coastal State ◽  
Ordinary Meaning ◽  
State Practice ◽  
Special Case ◽  
Alternative Reading

This chapter provides a detailed analysis of UNCLOS Article 7(2), which provides that ‘notwithstanding subsequent regression of the low-water line’ straight baselines on deltaic coasts ‘shall remain effective until changed by the coastal State in accordance with [UNCLOS]’. Examining the treaty text, drafting history, and relevant State practice, the chapter challenges the idea that Article 7(2) exceptionally ‘fixes’ baselines that would otherwise shift with the coast. It is suggested that an alternative reading is more consistent with the ordinary meaning of Article 7(2) in context and in light of UNCLOS’s object and purpose. Turning to the drafting history for confirmation, however, reveals a surprising disjunction between (a) the proposals on which Article 7(2) is widely understood to be based, and (b) the meaning and effect of that provision. This has consequences in terms of what Article 7(2) can be said to imply about the fluidity of baselines.

Conclusion

2021 ◽  
pp. 338-356
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
Cumulative Effect ◽  
Critical Importance ◽  
Fisheries Governance ◽  
Coastal State ◽  
State Practice ◽  
Future Challenges ◽  
United Nations Convention ◽  
Rights And Interests ◽  
The Right

This Chapter draws on the cumulative effect of the research and analysis in the book in order to address the overall enquiry concerning the nature and extent of coastal State jurisdiction over living resources in the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (LOSC). First, it proposes a general statement or ‘jurisdictional test’ regarding the nature of coastal State jurisdiction over the living resources of the EEZ. It suggests that this jurisdiction is flexible but functional, consisting of a broad discretion exercisable within functional limits that are determined on the basis of reasonableness and by reference to the balance of rights and interests reflected in the EEZ regime. Second, it outlines some more thematic conclusions about the extent of coastal State jurisdiction, considering the effect that State practice has had on the interpretation or development of relevant aspects of the LOSC, and the extent to which it justifies assertions that the ‘creeping jurisdiction’ of coastal States will upset the balance of rights and interests established in the LOSC. The Chapter concludes the book with some brief reflections on the critical importance of striking the right balance between the rights and duties of coastal States and other States in the EEZ, in order to maintain the sui generis regime established in the LOSC and effectively and innovatively address the current and future challenges of international fisheries governance.

scholarly journals Outer Limits of the Continental Shelf and "Disputed Areas": State Practice concerning Article 76(10) of the LOS Convention

2006 ◽  
Vol 21 (4) ◽  
pp. 461-487 ◽  
Author(s):  
Constance Johnson ◽  
Alex Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Present Article ◽  
Law Of The Sea ◽  
Coastal State ◽  
State Practice ◽  
Rules Of Procedure ◽  
Maritime Disputes ◽  
United Nations Convention ◽  
The Relationship

AbstractArticle 76 of the United Nations Convention on the Law of the Sea (LOS Convention) requires a coastal State to submit information on the limits of its continental shelf beyond 200 nautical miles to the Commission on the Limits of the Continental Shelf (CLCS). The Commission shall make recommendations to the coastal State on matters related to the establishment of the outer limits of the continental shelf. In a case where the coastal State establishes the outer limits on the basis of these recommendations, they are final and binding. However, Article 76(10) provides that the "The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts". The relationship between Article 76 and the delimitation of the continental shelf between neighboring States and other "unresolved land or maritime disputes" has been addressed by the CLCS in its Rules of Procedure. The present article analyzes the significance of Article 76(10) for submissions to the CLCS, looking at the Rules of Procedure of the Commission and the submissions that have been made to the Commission to date.

scholarly journals Refleksi Kedaulatan Negara dalam Penegakan Hukum Sumber Daya Alam Hayati di Zona Ekonomi Eksklusif

2021 ◽  
Vol 17 (4) ◽  
pp. 919
Author(s):  
Andriani Wahyuningtyas Novitasari
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Natural Resources ◽  
International Law ◽  
Marine Environment ◽  
Scientific Research ◽  
Coastal State ◽  
Legal Writing ◽  
State Practice ◽  
The Concept Of Law

AbstrakRezime hukum internasional tentang ZEE telah dikembangkan oleh masyarakat internasional melalui Konferensi PBB tentang Hukum Laut Ketiga dan praktek negara (state practice) dimaksudkan untuk melindungi kepentingan negara pantai dari bahaya dihabiskannya sumber daya alam hayati oleh kegiatan – kegiatan perikanan berdasarkan rezime laut bebas. Di samping itu ZEE juga dimaksudkan untuk melindungi kepentingan-kepentingan negara pantai d bidang pelestarian lingkungan laut serta penelitian ilmiah kelautan dalam rangka menopang pemanfaatan sumber daya alam di zona tersebut. Konvensi PBB tentang Hukum Laut ini memberikan kepada Indonesia sebagai negara pantai berdaulat untuk mengeksplorasi dan mengeksploitasi sumber daya alam di ZEE dan yuridiksi yang berkaitan dengan pelaksanaan hak berdaulat tersebut. Untuk itu diperlukan suatu penegakan hukum yang terpadu dalam upaya melestarikan sumber daya alam hayati di ZEE Indonesia. Dengan menggunakan metode penulisan hukum mormatif, penelitian ini menganalisis bagaimana konsep penegakan hukum sumber daya alam hayati di ZEE Indonesia berdasarkan berbagai peraturan perundang-undangan.AbstractThe international law regime on EEZ has been developed by the international community through the United Nations Conference on and state practices. This regime is intended to protect the interests of coastal states from the danger of being depleted of biological natural resources by fishing activities based on the free sea regime. In addition, the EEZ is also intended to protect the interests of the coastal state in the field of marine environment conservation as well as marine scientific research in order to support the use of natural resources in the zone. UNCLOS gives sovereign rights to Indonesia as a coastal state to explore and exploit natural resources in the EEZ as well as jurisdictions relating to the exercise of these sovereign rights. For that reason needs integrated law enforcement an effort to conserve living natural resources in ZEE Indonesia. By using the normative legal writing method, this study describes how the concept of law enforcement of living natural resources in Indonesia's EEZ based on various laws and regulations.

Contemporary Exclusive Fishery Zones or Why Some States Still Claim an EFZ

2008 ◽  
Vol 23 (2) ◽  
pp. 271-295
Author(s):  
Shalva Kvinikhidze
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Economic Activities ◽  
Fishing Rights ◽  
Coastal State ◽  
Functional Zone ◽  
Legal Nature ◽  
State Practice ◽  
United Nations Convention ◽  
The Law

AbstractThis article deals with the concept of the Exclusive Fishery Zone (EFZ) which has long existed in the state practice in the law of the sea. It describes the genesis and development of the concept, attempts by coastal states to gain extensive and exclusive control over fishery resources beyond the territorial sea, and the influence of international conferences and the United Nations Convention on the Law of the Sea on EFZs. The main aim of this article is to examine current claims to EFZs, describe the legal nature of contemporary EFZs and analyse the motivation of coastal states for still claiming an EFZ and not an Exclusive Economic Zone (EEZ), which is a multi-functional zone that includes not only exclusive fishing rights of the coastal state but also other rights, jurisdiction and economic activities.

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