Introduction

2021 ◽  
pp. 1-15
Author(s):  
David Bosco
Keyword(s):  
Legal Framework ◽  
International Regulation ◽  
Ocean Governance ◽  
Senkaku Islands

Near the Senkaku Islands, Chinese and Japanese vessels regularly engage in tense encounters about who has rights to control the nearby waters. Their standoffs represent just one of several points of friction that center on who controls the world’s oceans and what the rules are for their use. The oceans are often described as lawless or anarchic, but that characterization obscures as much as it explains. For centuries, there has been a rudimentary legal framework for the oceans: “freedom of the seas.” Yet freedom of the seas has come under strain in recent decades as governments have won more control of ocean space and as international regulation of the oceans has intensified. Constructing a stable basis for future ocean governance remains a significant international challenge.

International Regulation of the Internet

2019 ◽  
Author(s):  
Antonio Segura Serrano
Keyword(s):  
International Law ◽  
New Technology ◽  
Legal Framework ◽  
Point Of View ◽  
The Internet ◽  
Internet Governance ◽  
Public And Private ◽  
International Regulation ◽  
Long Run ◽  
Human Rights Norms

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.

scholarly journals Towards Integrated Management of Regional Marine Protected Area Networks

2021 ◽  
Vol 9 (2) ◽  
pp. 212-242
Author(s):  
James Harrison
Keyword(s):  
Marine Protected Area ◽  
Integrated Management ◽  
Legal Framework ◽  
Ocean Governance ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Institutional Fragmentation

Abstract Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.

scholarly journals Big Data and "New Surveillance": Is International Regulation Feasible?

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels
Keyword(s):  
Human Rights ◽  
Big Data ◽  
International System ◽  
Personal Data ◽  
Legal Framework ◽  
Right To Privacy ◽  
International Regulation ◽  
The Right To Privacy ◽  
Nation States ◽  
The Right

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 

13. The international regulation of the use of force

2021 ◽  
pp. 251-272
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Use Of Force ◽  
Legal Framework ◽  
International Regulation ◽  
Jus Ad Bellum ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses the regulation of when and for what purpose a state may use force against another state jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

Adequacy of national laws for Malaysian ocean governance for the next decade†

2012 ◽  
Vol 40 (1-2) ◽  
pp. 202-256
Author(s):  
Mary George
Keyword(s):  
Human Resource ◽  
Legal Framework ◽  
The Political ◽  
Human Resource Capacity ◽  
Political Independence ◽  
Ocean Governance ◽  
Sectoral Approach ◽  
Oceans Management ◽  
Ocean Law ◽  
Resource Capacity

AbstractCurrent sectoral practices in ocean governance are insufficient to meet the needs of the next decade where the safety and security of navigation in clean and healthy oceans is a priority without compromising the political independence, integrity and security of the nation. The Ocean Law, Policy and Strategic Framework in Malaysia can be said to be a journey of a 1000 miles of which we have currently embarked on a few steps. There are many factors that play an important role in ocean governance such as government commitment, and institutional and human resource capacity. This paper identifies the lacunae in current legal framework and concludes with some pointers for ocean governance purposes to avoid irreversible trends. For the next decade, one way forward to sustainably develop the living resources of the oceans lies in the adoption of an eco-system based approach to oceans management and for the rest of the challenges a cross-sectoral approach may prove effective.

The legal framework for resource management in the deep sea

2020 ◽  
pp. 53-70
Author(s):  
Aline Jaeckel ◽  
Kristina Gjerde ◽  
Duncan Currie
Keyword(s):  
Deep Sea ◽  
Marine Pollution ◽  
Scientific Research ◽  
Legal Framework ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Marine Governance ◽  
National Jurisdiction ◽  
Domestic Law

The deep oceans and their protection, management, research, and resources are governed by a range of legal instruments. This chapter sets out the relevant legal framework for the deep oceans and discusses the role of scientists in ocean governance. The chapter introduces the law’s spatial zoning approach to marine governance and considers the role of coastal states in managing marine spaces and resources through domestic law. The chapter then offers a discussion of the international legal framework for deep-sea fishing, marine pollution, deep-sea mining, and marine scientific research, before analysing current gaps in the law relating to marine biodiversity in areas beyond national jurisdiction, as well as ocean fertilisation.

13. The international regulation of the use of force

2019 ◽  
pp. 254-278
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Use Of Force ◽  
Legal Framework ◽  
International Regulation ◽  
Jus Ad Bellum ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses the regulation of when and for what purpose a state may use force against another state—jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

Part II Commercial Aspects of the Marine Environment, 12 The Contribution of UNHCR to Ocean Governance

2018 ◽  
Author(s):  
Trevisanut Seline
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
Search And Rescue ◽  
Host Countries ◽  
Bilateral Agreements ◽  
Rescue Services ◽  
Private Organizations ◽  
Ocean Governance ◽  
High Commissioner

This chapter discusses the role of the United Nations High Commissioner for Refugees (UNHCR) in ocean governance. Created in 1950 to replace the International Refugee Organization, the UNHCR provides protection to refugees and displaced persons. In addition to promoting the development and ratification of multilateral and bilateral agreements for the protection of refugees, the UNHCR assists governments and private organizations dealing with the repatriation or settlement of refugees in host countries. The chapter first provides a brief overview of the UNHCR’s beginnings and the progressive expansion of its mandate before analysing the role of the UNHCR Executive Committee (ExCom). It then considers how the UNHCR handles crises involving irregular migration by sea, including the Haitian crisis and the Indochinese crisis, along with its influence on the development of the international legal framework of search and rescue services. Finally, it highlights the ways in which the UNHCR contributes to ocean governance.

13. The international regulation of the use of force

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Use Of Force ◽  
Legal Framework ◽  
International Regulation ◽  
Jus Ad Bellum ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right ◽  
Self Defence

This chapter discusses the regulation of when and for what purpose a state may use force against another state — jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in Article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

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