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.

La zone économique exclusive dans la pratique des États

1998 ◽  
Vol 35 ◽  
pp. 3-55 ◽  
Author(s):  
Francis Rigaldies
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Judicial Decisions ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

SummaryThe use of the concept of an exclusive Economie zone has increased since the adoption of the United Nations Convention on the Law of the Sea. However, the characterization of this zone varies greatly between States. This article presents an exhaustive survey of the concept of an exclusive Economie zone. The author discusses the types of jurisdiction exercised by States in their uses of an exclusive Economie zone. Disparity exists between the provisions of the Convention and State practice in some specific areas: for example, the provisions on the environment and on scientific research. Despite these exceptions, the author maintains that the basic tenets of the Convention are respected in State practice. State declarations as well as arbitral and judicial decisions show that the Convention and State practice are together evolving to reinforce the basic principles of the concept of an exclusive Economie zone.

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.

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.

Progressive Development of International Law and the Package Deal

1985 ◽  
Vol 79 (4) ◽  
pp. 871-890 ◽  
Author(s):  
Hugo Caminos ◽  
Michael R. Molitor
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Progressive Development ◽  
Geneva Conventions ◽  
Treaty Negotiations ◽  
State Practice ◽  
United Nations Convention ◽  
The Hague ◽  
The Law ◽  
Multilateral Treaty

For centuries the law of the sea operated efficiently on the basis of customs that had developed through uniform and consistent state practice and that were considered, in most instances, to be obligatory. It was not until the late 19th century that the evolution of the international community suggested the wisdom of codifying the existing and emerging customary norms. Although the early codification efforts were conducted by learned societies established for such purposes, the resulting studies eventually led to several multilateral treaty negotiations, including the Hague Codification Conference of 1930 and the three United Nations Conferences on the Law of the Sea. The fruits of this evolution from the predominance of custom towards universal treaty law are found principally in the Geneva Conventions of 1958 and, more recently, in the United Nations Convention on the Law of the Sea of 1982.

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.

Due Diligence in the Law of the Sea

2020 ◽  
pp. 147-162
Author(s):  
Irini Papanicolopulu
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Due Diligence ◽  
International Tribunal ◽  
Technical Standards ◽  
Secondary Character ◽  
Legal Nature ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

This chapter analyses due diligence obligations in law of the sea instruments, particularly in the 1982 United Nations Convention on the Law of the Sea. It demonstrates the linkage between general principles, their application to non-state actors via the due diligence obligations of states, and their eventual transformation into binding detailed technical standards, such as the ones incorporated in maritime safety conventions. The chapter advances an integrated reading of due diligence rules in the law of the sea and argues that increased reference to technical standards would facilitate their application in practice. Following a review of two advisory opinions—one of the International Tribunal for the Law of Sea and one of its Seabed Disputes Chamber—the chapter finally contextualises its core findings within the broader debate on the legal nature of due diligence and its primary or secondary character.

Introduction

2021 ◽  
pp. 1-24
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Effect ◽  
State Practice ◽  
Balance Of Interests ◽  
United Nations Convention ◽  
The Law ◽  
Unique Context

This Chapter outlines the context, objective, and scope of the book, and examines two foundational issues that anchor its law of the sea enquiry firmly within the doctrinal and methodological context of general international law. First, it considers the international law concept of ‘jurisdiction’ and examines its role and application under the 1982 United Nations Convention on the Law of the Sea in general, and in the exclusive economic zone (EEZ) in particular. It explores the idea of jurisdiction as a ‘continuum’ of prohibitions, rights, and obligations pursuant to which a State may be obliged, authorized but not required, or prohibited from exercising authority in relation to a person or activity, and considers the balance of interests in the sui generis regime that underpins the jurisdictional continuum of the EEZ. Second, it examines the potential legal effects of subsequent State practice in the law of the sea. It describes the conceptual framework that underlies the book’s widespread examination of State practice and explains how the relevant rules of international law apply to evaluate the legal effect of State practice under treaty law and customary international law in the unique context of the law of the sea. The Chapter outlines the parameters used to determine and analyse the State practice examined in the book, and concludes with an overview of the structure and chapter content.

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