The Barents Sea 2010 Norway-Russia Border: The Triumph of the Negotiation Principle at the Expense of the Median- and Sector Line Pretentions

2012 ◽  
Vol 4 (1) ◽  
pp. 505-517
Author(s):  
Peter Ørebech
Keyword(s):  
Reference Point ◽  
Barents Sea ◽  
Law Of The Sea ◽  
Median Line ◽  
The Barents Sea ◽  
The Law ◽  
Court Practice

Abstract The delimitation line that after 40 years of negotiation (2010) marks the offshore border between Norway and Russia is resulting from longstanding talks according to the negotiation principle as manifest in UNCLOS (1982) Article 74 and 83. Beyond the territorial sea the function of the median (equidistance)- and the sector line is nothing but diplomatic pretensions at the negotiation table. This article illustrates the demise of the sector line as a delimitation principle of the law of the sea in the Barents Sea. The reference point of the outcome of the negotiation is not geodetic nor geographic physical points, but simply the “half way solution” between two politically based claims, the sector line (Russia) and the median line (Norway). This solution is not contradictory to court practice.

scholarly journals Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters

2020 ◽  
Vol 11 (0) ◽  
pp. 108
Author(s):  
Tore Henriksen
Keyword(s):  
Native Species ◽  
Barents Sea ◽  
Law Of The Sea ◽  
Snow Crab ◽  
Coastal State ◽  
Fishing Vessels ◽  
The Barents Sea ◽  
The Law ◽  
The Right ◽  
A New Species

The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. The first question is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. The second question is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising a third question as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard.

2 The IMO: Working within the UNCLOS Framework and Global Ocean Governance

2018 ◽  
Author(s):  
Blanco-Bazan Agustin
Keyword(s):  
Reference Point ◽  
International Maritime Organization ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Ocean Governance ◽  
Exclusive Economic Zones ◽  
The Law ◽  
Economic Zones ◽  
The Unclos ◽  
High Seas

This chapter explains the main features of the interface between the UN Convention on the Law of the Sea (UNCLOS) and International Maritime Organization (IMO) regulations. Since its adoption the UNCLOS, and in particular its jurisdictional principles, has remained a reference point for much of the IMO’s work. The chapter suggests that greater use could be made by flag and coastal administrations of the powers afforded them under UNCLOS and IMO treaties to ensure that the high seas do not become a ‘dustbin’ for the spill of polluting substances from ships. Flag states have the power to investigate incidents on the high seas involving its ships. Likewise, coastal states have the power in certain defined circumstances to intercept foreign vessels in their exclusive economic zones (EEZs) and territorial seas, as well as to undertake physical inspection and to detain such vessels.

Change in the Law of the Sea

10.33540/13 ◽  
2020 ◽  
Author(s):  
◽  
Rozemarijn Jorinde Roland Holst
Keyword(s):  
Law Of The Sea ◽  
The Law

Method application of optimal multi-parameter analysis to assess the distribution of water masses as an example of CTD data of the Barents Sea in summer 2017

2019 ◽  
pp. 38-51
Author(s):  
Valeriy G. Yakubenko ◽  
Anna L. Chultsova
Keyword(s):  
Barents Sea ◽  
Field Measurements ◽  
Structural Similarity ◽  
Water Masses ◽  
Parameter Analysis ◽  
Water Dynamics ◽  
Phosphorus Concentration ◽  
Nitrogen And Phosphorus ◽  
The Barents Sea ◽  
Expert Assessments

Identification of water masses in areas with complex water dynamics is a complex task, which is usually solved by the method of expert assessments. In this paper, it is proposed to use a formal procedure based on the application of the method of optimal multiparametric analysis (OMP analysis). The data of field measurements obtained in the 68th cruise of the R/V “Academician Mstislav Keldysh” in the summer of 2017 in the Barents Sea on the distribution of temperature, salinity, oxygen, silicates, nitrogen, and phosphorus concentration are used as a data for research. A comparison of the results with data on the distribution of water masses in literature based on expert assessments (Oziel et al., 2017), allows us to conclude about their close structural similarity. Some differences are related to spatial and temporal shifts of measurements. This indicates the feasibility of using the OMP analysis technique in oceanological studies to obtain quantitative data on the spatial distribution of different water masses.

THE MARITIME ZONES OF EAST AFRICAN STATES IN THE LAW OF THE SEA: BENEFITS GAINED, OPPORTUNITIES MISSED

2008 ◽  
Vol 16 (2) ◽  
pp. 121-150 ◽  
Author(s):  
ALDO CHIRCOP ◽  
DAVID DZIDZORNU ◽  
JOSE GUERREIRO ◽  
CATARINA GRILO
Keyword(s):  
Law Of The Sea ◽  
East African ◽  
The Law
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