Enforcement Jurisdiction over Foreign Fishing in the EEZ

2021 ◽  
pp. 218-294
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
Cost Effective ◽  
Modern Technology ◽  
Fishing Activity ◽  
International Courts ◽  
Coastal State ◽  
Illegal Fishing ◽  
Balance Of Interests ◽  
Alternative Approaches ◽  
United Nations Convention

This Chapter examines the coastal State’s enforcement jurisdiction over fishing activities in the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (LOSC), including the boarding, inspection, arrest, and seizure of vessels, the prompt release procedure, and the imposition of penalties. The Chapter argues that this jurisdiction should be interpreted by reference to the overall scheme of the LOSC, taking into account not only the rights but also the responsibilities of the coastal State, as well as those of flag States, in order to meaningfully preserve the balance of interests that is at the heart of the sui generis regime for the EEZ. However, while the balance of interests is commonly invoked in the jurisprudence on enforcement, international courts and tribunals have generally taken a narrow approach to its application, seeking to balance specific, corresponding rights of flag and coastal States in a binary equation, rather than the broader set of rights and responsibilities that underpin the EEZ regime. Faced with these limitations, as well as the practical and financial challenges of carrying out the primarily physical enforcement measures envisaged in the LOSC, coastal States have developed a range of alternative approaches to achieve the same result. As this Chapter demonstrates, these include: the conduct of cooperative and collaborative enforcement activities; a variety of prescriptive techniques to prevent and deter illegal fishing activity; and the use of modern technology to deliver cost-effective and remote, ‘no-force’ enforcement jurisdiction.

Innocent Passage of Warships

2016 ◽  
Vol 1 (2) ◽  
pp. 210-243 ◽  
Author(s):  
Anh Duc Ton
Keyword(s):  
United Nations ◽  
North Korea ◽  
East Asian ◽  
Law Of The Sea ◽  
Coastal State ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

The United Nations Convention on the Law of the Sea (losc) is well known as the “Constitution for the Oceans”; however, the passage of foreign warships through the territorial sea of a coastal State is not clearly addressed. All East Asian littoral States (except North Korea and Cambodia) are parties to the losc but their practices regarding the innocent passage of warships are different. This article provides an analysis of the innocent passage regime of the losc, the practice of East Asian littoral States regarding the innocent passage of warships as well as factors that have influenced the trends in their practices.

scholarly journals THE LEGALITY OF STATE’S PEACETIME MILITARY ACTIVITIES

2017 ◽  
Vol 3 (2) ◽  
pp. 327-358
Author(s):  
Adrianus Adityo Vito Ramon
Keyword(s):  
United Nations ◽  
Negotiation Process ◽  
The State ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Incident Case ◽  
Coastal State ◽  
United Nations Convention ◽  
Definition Of ◽  
The Unclos

AbstractThe research argue that in the absence of an internationally negotiated provisions that explicitly regulate foreign peacetime military activities in the Exclusive Economic Zone (EEZ) of another States, States should consider the incident case per case as well as may employed the guideline prepared by highly reputed international legal scholars. This is essential to avoid unnecessary conflict between the Coastal State and the State conducting military activities in the EEZ. The aforementioned conclusion is reached by first analysing the definition of the peacetime military activities of the State. The research would also examine the negotiation process and its negotiated provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 resulted from the negotiation, regulating EEZ. Subsequently, the research would examining of the practice of the States interpreting the UNCLOS 1982’s EEZ provisions, including providing the options as an interim solutions for the void in the legal instruments in the matter.  

The UN Convention on the Rights of Persons with Disabilities

2018 ◽  
Keyword(s):  
United Nations ◽  
Case Law ◽  
Persons With Disabilities ◽  
International Courts ◽  
Disability Law ◽  
United Nations Convention ◽  
The United Nations ◽  
Psychological Education ◽  
Comprehensive Study

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, and literature on the topic in question. Although primarily addressed to lawyers, the volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice.

5 Applications for Prompt Release of Vessels and Crews

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Financial Security ◽  
International Tribunal ◽  
Coastal State ◽  
United Nations Convention ◽  
The Law ◽  
Laws And Regulations

This chapter looks at applications for prompt release of vessels and crews detained after violating laws and regulations of a coastal State. Pursuant to Article 292(1) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the International Tribunal for the Law of the Sea (ITLOS) has default jurisdiction over prompt release applications, unless the parties otherwise agree. The parties must be States Parties to UNCLOS and have not agreed to submit the question of release from detention to any other court or tribunal within ten days from the time of detention. Article 112 of the ITLOS Rules adds, inter alia, that ITLOS shall give priority to applications for release of vessels or crews over all other proceedings before ITLOS. In its judgment, ITLOS must determine in each case whether or not the allegation made by the applicant that the detaining State has not complied with a provision of UNCLOS for the prompt release of the vessel or the crew upon the posting of a reasonable bond or other financial security is well founded. If ITLOS decides the allegation is well founded, it shall determine the amount, nature, and form of the bond or financial security to be posted for the release of the vessel or the crew.

scholarly journals Analisis Claim Nelayan Tiongkok Atas Traditional Fishing Ground Di Perairan Natuna

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Syafril Ernandi
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Fishing Ground ◽  
Illegal Fishing ◽  
United Nations Convention ◽  
The Law ◽  
Traditional Fishing

Sebagai Negara kepulauan Indonesia mempunyai kedaulatan atas wilayah laut di bawahnya serta ruang udara di atasnya, hal ini tetuang dalam Undang-Undang Dasar (UUD) 1945 pasal 33 ayat 3. Faktanya Potensi sumber daya alam di perairan natuna ini memicu konflik dengan negara Tiongkok.. Metode penelitian yuridis normatif dengan pendekatan statute approach. Hasil peneltian pertama bahwa Berdasarkan ketentuan pasal 56 United Nations Convention on the Law of the sea (Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut 1982) serta pasal 4 ayat 1 Undang-Undang nomor 5 Tahun 1983 Tentang Zona Ekonomi Eksklusif Indonesia maka Kepulauan Natuna merupakan negara pantai yang masuk ke dalam wilayah zona ekonomi eksklusif Indonesia yang berjarak 200 mil laut. Demikian Indonesia memiliki hak berdaulat untuk melakukan eksplorasi dan eksploitasi, konservasi serta pengelolaan sumber kekayaan alam, baik hayati maupun non-hayati, dari perairan diatas, dasar laut dan tanah dibawahnya, khususnya kegiatan penagkapan ikan di Kepulauan Natuna, Hasil penelitian kedua adalah Penangkapan ikan (illegal fishing) yang dilakukan oleh Tiongkok dengan disertai klaim Traditional Fishing Ground di Kepulauan Natuna ini tidak dikenal dalam UNCLOS 1982 melainkan hanya mengenal Traditional Fishing Right yang tertuang dalam Bab IV pasal 51 ayat (1) Konvensi Hukum Laut 1982. Demikian klaim Traditional Fishing Ground oleh Tiongkok tidak mempunyai dasar hukum internasional atau bertentangan dengan UNCLOS 1982. Kata Kunci : Hak Berdaulat, ZEE, Traditional Fishing Ground

Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

2021 ◽  
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishing Vessels ◽  
Key Concepts ◽  
United Nations Convention ◽  
Economic Zone ◽  
In Transit ◽  
The Way

Under the 1982 United Nations Convention on the Law of the Sea (LOSC), coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, nearly forty years after the adoption of the LOSC , there is still a great deal of uncertainty about the nature and extent of these sovereign rights. This book examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. It explores the key concepts of ‘fishing’ and ‘fishing related activities’ to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. It also examines the way in which such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. Based on its review and analysis of the practice of 145 coastal States, the book identifies the contemporary ‘extent’ of coastal State jurisdiction over living resources in the EEZ and proposes a formulation of the underlying and enduring ‘nature’ of that jurisdiction which could be applied to resolve future jurisdictional challenges in the EEZ.

The Operation of the CLCS Facing Disputes: An Examination of the Rules and Practices

2021 ◽  
pp. 1-23
Author(s):  
Michael Sheng-ti Gau ◽  
Gang Tang
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Coastal State ◽  
Rules Of Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract The United Nations Convention on the Law of the Sea (LOSC) regulates the establishment of the outer limits of its continental shelf beyond 200 miles by a coastal State. Such limits are legitimised when based on the recommendations of the Commission on the Limits of the Continental Shelf (CLCS) under LOSC Article 76(8). The coastal State must first submit the information for delineating the limits to the CLCS, which will evaluate the information before providing recommendations. The CLCS shall not consider the submission made by any State concerned in a land or maritime dispute unless consent from all disputing parties is given under paragraph 5(a) of Annex I to the CLCS Rules of Procedure. This article interprets paragraph 5(a) and examines the subsequent practice of States sending submissions and/or notifying the CLCS of disputes, and the CLCS in handling various submissions involved in these disputes.

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.

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