After MOX: The Contemporary Shipment of Radioactive Substances in the Law of the Sea

2000 ◽  
Vol 15 (2) ◽  
pp. 193-244 ◽  
Author(s):  
Robert Nadelson
Keyword(s):  
Nuclear Fuel ◽  
Regional Level ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Radioactive Substances ◽  
Alternative Approach ◽  
Recent Debate ◽  
The Law ◽  
Irradiated Nuclear Fuel

AbstractThe transport of hazardous cargo has long juxtaposed maritime interests in maintaining navigation rights against the concerns of coastal States over the threat the exercise of such rights poses to the waters off their coast. The shipment of highly radioactive substances has emerged as the most recent, and perhaps starkest reflection of this conflict. Drawing upon contemporary events, this article will examine the continuing controversy over the shipment of highly radioactive cargo and its implications for the law of the sea. First, the origins of the issue in the emergence of radioactive transport itself will be surveyed. Next the international legal regime governing the transport of such cargo will be evaluated, highlighting the different responses at the international, national and regional level. This article will then conclude by considering the prospects for resolution resulting from the recent debate over the Code for the Safe Carriage of Irradiated Nuclear Fuel (INF Code), suggesting the need to formulate alternative approach to shipboard controls in responding to contemporary issues of vessel-source pollution.

Global Governance of Deep-Sea Fisheries

2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
Global Governance ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Governance System ◽  
Legal Regime ◽  
Short Term ◽  
Fish Stocks ◽  
The Law ◽  
Global Agreement ◽  
High Seas

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies

11 The Deep Seabed

2015 ◽  
Author(s):  
Lodge Michael W
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Commercial Exploitation ◽  
National Jurisdiction ◽  
The Law ◽  
International Seabed Authority

The deep seabed is the part of the seabed that is beyond national jurisdiction and is referred to as ‘the Area’ in the UN Convention on the Law of the Sea (LOSC). This chapter discusses the legal regime of the deep seabed. It covers the legal status of the Area and its resources; the International Seabed Authority; the regulation of ‘activities in the Area’; commercial exploitation; reserved areas; sponsorship by states parties; dispute settlement; and responsibility of the International Seabed Authority under Article 82 (4) of the LOSC.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

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’.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

The Law of the Sea Convention: No Place for Persons?

2012 ◽  
Vol 27 (4) ◽  
pp. 867-874 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
United Nations ◽  
Legal Regulation ◽  
Innovative Approach ◽  
Law Of The Sea ◽  
Legal Regime ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract The article, adopting an innovative approach to the law of the sea, discusses the place and role reserved to persons in the United Nations Convention on the Law of the Sea (LOSC) and the legal regime of which it is a part. The LOSC and other law of the sea agreements are examined, focussing on provisions that mention persons, their rights and their duties. Shortcomings identified include: the difficulty to configure persons as the beneficiaries of rights and the recipient of duties and the ensuing uncertain subjectivity of persons under the law of the sea; the presence of numerous gaps and inconsistencies in the existing legal regulation; the unavailability of mechanisms to address violations of duties by states. The conclusions draw attention to the potential of the LOSC and other treaties to further develop the international legal regime applicable to persons at sea and to provide an adequate place for persons in the law of the sea.

Law of the Sea Perspectives on Climate Change

2012 ◽  
Vol 27 (4) ◽  
pp. 831-838 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Climate Change ◽  
Greenhouse Gas ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Ghg Emissions ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Law

Abstract The Law of the Sea Convention was negotiated at a time when climate change was not yet part of the international environmental agenda. Nevertheless, it is not a static or immutable legal regime and it is not difficult to apply Part XII to greenhouse gas (GHG) emissions and climate change insofar as they affect the marine environment. However, it is doubtful whether viewing climate change from the perspective of the law of the marine environment greatly alters the overall picture. At best it provides a vehicle for compulsory dispute settlement notably lacking in the UN Framework Convention on Climate Change (UNFCCC) regime. Realistically, while the 1982 Convention may import any newly agreed standards for the control of GHGs, it is not a substitute for further agreement within the UNFCCC framework.

THE LEGAL REGIME OF WRECKS OF WARSHIPS AND OTHER STATE-OWNED SHIPS IN INTERNATIONAL LAW: THE 2015 RESOLUTION OF THE INSTITUT DE DROIT INTERNATIONAL

2016 ◽  
Vol 25 (1) ◽  
pp. 179-200
Author(s):  
Sarah Dromgoole
Keyword(s):  
International Law ◽  
Preliminary Report ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Considerable Uncertainty ◽  
Technological Advances ◽  
The Status ◽  
The Law ◽  
Droit International

The status in international law of operational warships and other ships used only on governmental non-commercial service has been long established. In contrast, the status of such vessels after they have sunk has been, and remains, a matter of considerable uncertainty. The uncertainty arises in no small part from the absence of any provision in the 1982 UN Convention on the Law of the Sea relating to sunken State vessels or, indeed, to wrecks more generally. Over the last 30 years, technological advances have led to the discovery of many new wreck sites, fuelling international interest in the status of sunken State wrecks. At its Santiago Session in 2007, the Institut de droit international established its 9th Scientific Commission to look into the matter. A Preliminary Report, drafted by the Commission’s Rapporteur, Professor Natalino Ronzitti, was discussed at the Rhodes Session in 2011 and, after further deliberations, a Resolution entitled “The Legal Regime of Wrecks of Warships and Other State-Owned Ships in International Law” was adopted by the Tallinn Session in August 2015. This contribution sets out the background to the work of the 9th Commission, outlines the substance of the Resolution, and offers some observations thereon.

The Mox Plant Case–Provisional Measures in the International Tribunal for the Law of the Sea

2003 ◽  
Vol 16 (3) ◽  
pp. 611-619 ◽  
Author(s):  
MALCOLM J. C. FORSTER
Keyword(s):  
United Kingdom ◽  
United Nations ◽  
Irish Sea ◽  
Law Of The Sea ◽  
International Tribunal ◽  
The United Kingdom ◽  
Radioactive Substances ◽  
United Nations Convention ◽  
The Law ◽  
The Irish Sea

On 3 December 2001, the International Tribunal for the Law of the Sea (ITLOS) issued an Order in response to Ireland's request for the prescription of provisional measures in accordance with Article 290 of the United Nations Convention on the Law of the Sea (UNCLOS). In its request, Ireland alleged violation by the United Kingdom of numerous provisions of UNCLOS. The scope of provisional measures requested by Ireland included, among others, the immediate suspension by the United Kingdom of the authorization of the Sellafield Mox Plant and a guarantee of no movement of radioactive substances or materials or wastes that are in any way related to the plant into or out of the waters of the Irish Sea. This article reviews the background to the dispute between Ireland and the United Kingdom over the operation of the Sellafield Mox Plant. It focuses on the various jurisdictional challenges raised before ITLOS and critically assesses the conclusions reached by the Tribunal in its Order.

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