Part IV Maritime Security and Global Ocean Governance, 9 The Application of Force as an Aspect of Global Ocean Governance

This chapter examines the concept of ‘force’ as invoked in public international law more generally and in Article 301 of the United Nations Convention on the Law of the Sea (UNCLOS) more specifically, with emphasis on its application as an aspect of global ocean governance. Article 301 adopts the formulation of the prohibition of force contained in the Charter of the United Nations, but a variation of this formulation can also be found in the definition of ‘innocent passage’ contained in Article 19(2) of UNCLOS. The chapter considers the scope of this prohibition and the actions — or activities — it was designed to address as well as the occasions when UNCLOS envisages some form of physicality or physical interposition by States occurring outside their respective jurisdictions. It also discusses the threat as well as the use of force as spelled out in Article 2(4) of the UN Charter, along with emerging themes for ocean governance.

Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.


Author(s):  
Chircop Aldo

The International Maritime Organization (IMO) is an intergovernmental organization with special competence in matters relating to navigation and shipping. It also plays a critical role in the international law of the sea. This chapter discusses the purposes, functions, and governance structure of the IMO; and the functions of the IMO in the United Nations Convention on the Law of the Sea (LOSC).


2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.


1992 ◽  
Vol 86 (4) ◽  
pp. 764-787 ◽  
Author(s):  
Philip Allott

That Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea, and in the passage, fishing and shores thereof, is so evidently true by way of fact, as no man that is not desperately impudent can deny it.Sir John BoroughsUsing the United Nations Convention on the Law of the Sea of 1982 as a root stock, it is possible to generate a fundamentally new international law of the sea. This regeneration will not be the product of yet another diplomatic negotiation among the representatives of the governments of states. It will be brought about by a much more direct and efficient method. It requires nothing more nor less than a reconceiving of the theoretical basis of the law of the sea.


Author(s):  
Vrancken Patrick

This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.


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):  
Talitha Ramphal

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.


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