scholarly journals The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension

2014 ◽  
Vol 29 (2) ◽  
pp. 244-289 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Freedom Of Expression ◽  
Exclusive Economic Zone ◽  
The Arctic ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
Economic Zone ◽  
The Law ◽  
Oil Rig

On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources

2021 ◽  
pp. 1-19
Author(s):  
Shani Friedman
Keyword(s):  
Continental Shelf ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Occupied State ◽  
Economic Zone ◽  
The Law ◽  
New Perspective

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

scholarly journals PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT

2017 ◽  
Vol 24 (2) ◽  
pp. 172
Author(s):  
Indien Winarwati
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Illegal Fishing ◽  
Important Region ◽  
United Nations Convention ◽  
Economic Zone ◽  
The Law ◽  
Sea Area ◽  
Exploration Exploitation

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

8. The law of the sea

2021 ◽  
pp. 104-116
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone; namely, internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

8. Law of the sea

2019 ◽  
pp. 99-112
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone, namely internal waters, the territorial sea, the contiguous zone, the Exclusive Economic Zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

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