A Rite of Passage: The IMO Consideration of the Indonesian Archipelagic Sea-Lanes Submission

2000 ◽  
Vol 15 (3) ◽  
pp. 317-332 ◽  
Author(s):  
Constance Johnson
Keyword(s):  
Law Of The Sea ◽  
Rite Of Passage ◽  
International Maritime Organisation ◽  
Safety Committee ◽  
The Republic ◽  
Marine Safety

AbstractThe introduction of a specialised passage regime for archipelagic sea-lanes was one of the most innovative features to the 1982 Law of the Sea Convention. Article 53(9) of the Convention requires an archipelagic state to refer any proposals for the designation or substitution of sea-lanes or the prescription of traffic separation schemes to the "competent international organisation" with a view to their adoption. In May 1996 at the 67th session of the Marine Safety Committee of the International Maritime Organisation (IMO), the Republic of Indonesia submitted a proposal for the adoption of various sea-lanes and air routes through and over its archipelagic waters. This was the first proposal of its kind. This article traces the progress of this proposal through the IMO procedures and draws some conclusions about the wider significance of this new role for the IMO.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

2013 ◽  
Vol 6 (1) ◽  
Author(s):  
RODEL A. TATON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Philippines ◽  
Law Of The Sea ◽  
Choice Of Procedure ◽  
International Dispute ◽  
The Status ◽  
Rules And Principles ◽  
The Republic ◽  
The Unclos

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

RESPONSE TO THE GROUNDING OF THE F/V El JYU MARU NO. 211

1993 ◽  
Vol 1993 (1) ◽  
pp. 225-229
Author(s):  
Vance Bennett ◽  
Don Noviello
Keyword(s):  
United States ◽  
The United States ◽  
Northern Region ◽  
Coast Guard ◽  
Nesting Sites ◽  
Response Team ◽  
Spill Site ◽  
The Republic ◽  
Republic Of Palau ◽  
Marine Safety

ABSTRACT On December 2, 1991, the Japanese fishing vessel Ei Jyu Maru No. 21 ran hard aground near a remote, sparsely populated island in the northern region of the Republic of Palau, a Trust Territory of the United States. The grounding caused fractures in the hull, through which bilge oil, diesel fuel, and lubricating oils leaked out. The spilled oil, and the fuel remaining in the vessel, threatened environmentally sensitive reefs and bird nesting sites on nearby islands. Coast Guard Marine Safety Office Guam and the Coast Guard Pacific Strike Team sent personnel to Palau to mitigate the effects of this spill. The response team, after six weeks of effort under less than ideal conditions, removed the fuel remaining on the vessel and prevented any further pollution. The remote location of Palau, about 7,000 miles from the west coast of the United States, and the undeveloped character of this region of Palau made this response a complex, costly, and time-consuming endeavor. These factors contributed to the problems that hindered this response—for example, long distances between the spill site and support areas, lack of infrastructure at the spill site, unreliable communications systems, and misunderstandings over the role of the Coast Guard.

scholarly journals In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident

2021 ◽  
Vol 115 (3) ◽  
pp. 513-519
Author(s):  
James G. Devaney ◽  
Christian J. Tams
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Loss Of Life ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Republic

On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent jurisdiction over the incident; (2) the Tribunal had incidental jurisdiction to determine the immunity of the Italian Marines; (3) the Marines enjoyed immunity as state officials; but nevertheless that (4) India was entitled to compensation for the loss of life, physical harm, damage to property, and moral harm. The Award has been received more positively by Italy than India, but neither party has indicated that they intend to do anything other than comply with it.

scholarly journals IMMIGRATION EXAMINATION APECT REVIEWED FROM IMO FAL CONVENTION

2019 ◽  
Vol 2 (2) ◽  
pp. 23-32
Author(s):  
Gunawan Ari Nursanto
Keyword(s):  
Law Of The Sea ◽  
Entry And Exit ◽  
Sea Transport ◽  
Government Regulations ◽  
Maritime Traffic ◽  
International Regulations ◽  
Directorate General ◽  
The Republic ◽  
International Conventions ◽  
Sea Area

Indonesia is an archipelago (Archipelago Country) that has territorial borders with other countries covering land, sea or air. As an archipelagic country, Indonesia has regulations regarding the entry and exit of a person, both Indonesian citizens and foreigners. The gate through which someone enters or exits the territory of Indonesia or what is called the Immigration Checkpoint  is a crossing place for everyone. With the existence of the Immigration Checkpoint as a means to anticipate threats, obstacles and disruptions to the territorial sovereignty of the Republic of Indonesia. Institutionally the Immigration Checkpoint is the work scope of the Directorate General of Immigration. In terms of the sea area there are international conventions that regulate the law of the sea which have an impact on immigration regulations that have a role in the Sea the Immigration Checkpoint namely the Cofference of Facilitation of Maritime Traffic, the convention on the ease of international maritime traffic held by the International Maritime Organization (IMO) in London. This Convention aims to harmonize government regulations with international regulations. The IMO FAL Convention was not fully adopted by Indonesia due to regulatory differences. The adoption of the IMO FAL Convention standard into regulations in Indonesia has a good influence on immigration as a standard for immigration checks for sea transport crews.   

The 1992 Fishery Agreement Between the European Economic Community and the Argentine Republic

1994 ◽  
Vol 7 (1) ◽  
pp. 5-22 ◽  
Author(s):  
A. Daverede
Keyword(s):  
Development Policy ◽  
European Economic Community ◽  
Economic Conditions ◽  
Law Of The Sea ◽  
Economic Community ◽  
European Economic ◽  
Argentine Republic ◽  
The Republic ◽  
New Generation ◽  
Distant Water Fishing

The Fishery Agreement concluded in 1992 between the European Economic Communities and the Republic oj Argentina provides an excellent example of the negotiating process leading to the conclusion of a treaty in the field of international fisheries. The Agreement shows how widely diverging interests and seemingly opposing views can be reconciled by two parties prepared to negotiate constructively and to develop a new generation of agreements. This article should be considered against the background formed by developments in the law of the sea. Particularly in the fields of the protection of the environment, the administration of resources and development policy, and the diverging interests that coastal states and ‘distant water fishing states’ have in these matters. To place the conclusion of this Treaty in the appropriate context, an overview of the structural and economic conditions of the fishery sector in Argentina and the European Communities will be given. Finally, the innovative technicalities of the new treaty will be discussed against this background.

scholarly journals Lietuvos jūros erdvių delimitavimo teoriniai ir praktiniai aspektai

Teisė ◽  
2009 ◽  
Vol 70 ◽  
pp. 51-66
Author(s):  
Zenonas Kumetaitis ◽  
Indrė Isokaitė
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Russian Federation ◽  
Theory And Practice ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Republic

Straipsnyje nagrinėjama viena iš aktualiausių tarptautinės jūrų teisės temų – jūros erdvių delimitavimo klausimai. Lietuvos teritorinės jūros, kontinentinio šelfo ir išskirtinės ekonominės zonos delimitavimo as­pektai atskleidžiami delimitavimo teorijos ir praktikos kontekste. Delimitavimo klausimai nagrinėjami atliekant išsamią šiuolaikinės, taip pat prieškarinės jūros erdvių delimitavimo teorijos ir praktikos analizę, detaliai aptariant delimitavimą reglamentuojančias Jungtinių Tautų jūrų teisės konvencijos nuostatas, visapusiškai atskleidžiant esminių delimitavimo principų ir reikalavimų – teisingumo, „neužgožimo“ ir kt. – esmę, pateikiant nuoseklų derybų su Rusijos Federacija, Latvijos Respublika ir konsultacijų su Švedijos Karalyste dėl teritorinių vandenų, išskirtinės ekonominės zonos ir kontinentinio šelfo delimitavimo Baltijos jūroje aptarimą bei parodant priimtų sprendimų ryšį su tarptautine delimitavimo teorija ir praktika. The Article deals with one of the most important topics in International Sea Law, i.e. the issues of delimi­tation of maritime zones. The aspects of the delimitation of the territorial sea, continental shelf and the exclusive economic zone of Lithuania are revealed in the light of the relation between the delimitation theory and practice. The provided research on the delimitation issues is based on the detailed analysis of the modern delimitation theory and practice as well as of that effective in the pre-war period, on the comprehensive consideration of the provisions of the United Nations Convention on the Law of the Sea regulating delimitation, on the disclosure of the essence of the key delimitation principles and requi­rements such as equity, avoidance of a “cut-off” effect etc., on a consistent overview of the Lithuania’s negotiations with the Russian Federation and the Republic of Latvia as well as consultations with the Kingdom of Sweden regarding the delimitation of the territorial waters, exclusive economic zone and continental shelf, and also on the revealed relation between the reached delimitation decisions and in­ternational delimitation theory and practice.

Vessel Traffic Services and The New Law of the Sea

1985 ◽  
Vol 38 (1) ◽  
pp. 71-76
Author(s):  
E. Gold
Keyword(s):  
Law Of The Sea ◽  
Regulatory Agencies ◽  
Legal Problems ◽  
Legal Questions ◽  
History Of ◽  
The Subject ◽  
Marine Safety ◽  
History Of Navigation

In the history of navigation, the subject of Vessel Traffic Services (VTS) is a comparative newcomer. Nevertheless, it has and is generating interest, controversy and discussion analogous almost with the change from sail to steam or the advent of radar at sea. Interestingly though, much of the VTS debate has taken place within the industry itself—i.e. amongst the nautical professions, shipping companies and governmental marine regulatory agencies. This has resulted in a deservedly strong technical emphasis on the subject which, after all, is primarily concerned with marine safety. Legal questions have so far been sidelined or reduced to background interest. Legal problems relating to accident liability have been rarely discussed and when they were, have often been distorted.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

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