Experiences in Dealing with Maritime Disputes

2016 ◽  
Vol 4 (1) ◽  
pp. 85-98 ◽  
Author(s):  
Seokwoo Lee
Keyword(s):  
Fishery Management ◽  
Northeast Asia ◽  
The Yellow Sea ◽  
Law Of The Sea ◽  
Development Zone ◽  
Joint Development ◽  
Fishery Resources ◽  
Maritime Disputes ◽  
Sustainable Fishery ◽  
Japan And China

Maritime disputes in the Northeast Asia region are nothing new. The Exclusive Economic Zone (eez) regime under the u.n. Convention on the Law of the Sea (unclos) spurred many coastal states, including these countries, to declare eezs. This has led Korea to conclude bilateral fishery agreements with Japan and China, with the goals of achieving sustainable fishery management in the East Sea (Sea of Japan) and the Yellow Sea, and peacefully cooperating with these countries in sharing fishery resources in the region. While not without shortcomings, the agreements provide important procedures for cooperation in fisheries management and sustaining fishery resources. In addition to competition over fishery resources, Korea and Japan agreed to establish a Joint Development Zone (jdz) in 1974. Although the Korea-Japan jdz, however, has not produced oil so far, it nevertheless serves as a model for maritime dispute resolution.

scholarly journals FISHERY RESOURCES MANAGEMENT IN THE REPUBLIC OF INDONESIA’S FISHERY MANAGEMENT REGION 711 FOR THE SUSTAINABLE FISHERY RESOURCES CONTROL

2019 ◽  
Vol 5 (1) ◽  
pp. 19
Author(s):  
Nur Mar Atushsholihah Siregar ◽  
Yoedhi Swastanto ◽  
Budiman Djoko Said
Keyword(s):  
Fisheries Management ◽  
Quantitative Methods ◽  
Fishery Management ◽  
Cost Model ◽  
Fishery Resources ◽  
Fisheries Policy ◽  
The Republic ◽  
The Government ◽  
Sustainable Fishery ◽  
Average Development

<p>The Republic of Indonesia Fisheries Management Region is an area that intended for controlling the fisheries management activities. However, the potential value of fisheries in WPP-RI 711 has been decreasing starting from 2016 to 2017. The problems are about fisheries resource management activities in the region which are then linked to government policy control. This study seeks to determine the development of fisheries resource production in FMR-RI 711, the level of utilization based on management with the MSY and MEY models, and also control of sustainable fisheries policies. This study uses experimental quantitative methods with the Schaefer, Fox and Gordon models. Data obtained came from fisheries resource groups and data samples were taken from shrimp groups. The results of the analysis show that the average development of fisheries resource production in FMR-RI 711 has decreased even experienced overfishing in the commodity of Small Pelagic Fish and Crustaceans. The Schaefer model is considered the most appropriate because it has a determination coefficient value of 42.9% and has an optimum effort value of 179 trips/year, with the MSY value obtained at 3.8520 tons/year. The policy controls carried out so far are still very lacking and need to take firm action from the government in overcoming fisheries problems that are overfishing. Therefore, it can be concluded that fisheries management in FMR-RI 711 has not run optimally, then fisheries management should also be carried out by considering the economic aspects of fisheries, besides it also needs serious efforts on fisheries supervision and the development of a cost model to maintain resources from overfishing.</p><div><p class="Els-keywords">Keywords: Fisheries management, Fisheries policy, FMR-RI 711</p></div>

Joint Development in the East China Sea: Not an Easier Challenge than Delimitation

2008 ◽  
Vol 23 (1) ◽  
pp. 39-75 ◽  
Author(s):  
Gao Jianjun
Keyword(s):  
East China Sea ◽  
Law Of The Sea ◽  
East China ◽  
The East China Sea ◽  
Development Zone ◽  
Joint Development ◽  
China Sea ◽  
China And Japan ◽  
The Law

AbstractAs a form of provisional arrangement pending delimitation, the delineation of a joint development zone is significantly influenced by the maritime delimitation claims of the states concerned. In this sense, joint development is by no means an easier challenge to be tackled than delimitation. Because China has opted out of the compulsory procedures entailing binding decisions contained in the Law of the Sea Convention for delimitation issues, the only effective recourse available is to resort to negotiations. This means that unless China and Japan are ready to make concessions in their negotiations, no agreement can be reached, either for delimitation or for joint development.

scholarly journals Defining eez Claims from Islands: A Potential South China Sea Change

2014 ◽  
Vol 29 (2) ◽  
pp. 193-243 ◽  
Author(s):  
Robert C. Beckman ◽  
Clive H. Schofield
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Joint Development ◽  
China Sea ◽  
Maritime Boundary ◽  
The Face ◽  
Maritime Disputes ◽  
United Nations Convention

In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (losc), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (jdas) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime joint development based on areas of overlapping maritime claims defined on the basis of the losc.

Submissions to the UN Commission on the Limits of the Continental Shelf: The Practice of Developing States in Cases of Disputed and Unresolved Maritime Boundary Delimitations or Other Land or Maritime Disputes. Part Two

2013 ◽  
Vol 28 (4) ◽  
pp. 615-679
Author(s):  
Barbara Kwiatkowska
Keyword(s):  
South Africa ◽  
Continental Shelf ◽  
Trinidad And Tobago ◽  
North Africa ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Maritime Boundary ◽  
State Practice ◽  
Maritime Disputes ◽  
Present Part

Abstract This is the second part of a two-part article surveying state practice regarding Disputed and Unresolved Maritime Boundary Delimitations or Other Land or Maritime Disputes under the Rules of the Commission on the Limits of the Continental Shelf (CLCS). It reviews basic principles and the interpretation of the 1982 UN Law of the Sea Convention and the CLCS Rules. As the 2006 Barbados/Trinidad and Tobago Award and the 2012 ITLOS Bangladesh v. Myanmar Judgment reaffirmed, the CLCS Recommendations must in no way prejudice existing and prospective boundary delimitations, nor must they prejudice other land or maritime disputes. All practical means of giving effect to such “without prejudice” principles are carefully analysed. Part One covers Latin America and the Wider Caribbean, Northeast and Southeast Asia, and the South Pacific. The present Part Two covers South Asia and the Middle East, East Africa-Indian Ocean, South Africa, West Africa and North Africa.

scholarly journals Causal Inference, International Law, And Maritime Disputes

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel
Keyword(s):  
Causal Inference ◽  
International Law ◽  
Law Of The Sea ◽  
International Courts ◽  
Legal Scholarship ◽  
Wide Range ◽  
Maritime Disputes ◽  
Empirical Tests ◽  
The Impact ◽  
The Relationship

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

scholarly journals ISOLATION AND CHARACTERIZATION OF NEW MICROSATELLITE MARKERS FOR THE CORTÉS GEODUCK (Panopea globosa)

2016 ◽  
Vol 31 (1) ◽  
pp. 17
Author(s):  
Celia Isabel Bisbal -Pardo ◽  
Miguel Ángel Del Río -Portilla ◽  
Ana Yonori Castillo -Paéz ◽  
Axayácatl Rocha-Olivares
Keyword(s):  
Fishery Management ◽  
Genetic Research ◽  
Isolation And Characterization ◽  
Expected Heterozygosity ◽  
Tetranucleotide Repeats ◽  
Hardy Weinberg Equilibrium ◽  
Increasing Demand ◽  
Sustainable Fishery ◽  
Generation Technology

The geoduck Panopea globosa is a long-lived and large endemic infaunal clam sustaining a growing fishery in the Northwest coast of México that, in spite of its increasing demand in Asian markets very little is known about its biology. In order to provide genetic markers to support genetic research of wild populations, nine novel microsatellite loci (di-, tri-, and tetranucleotide repeats) were developed using shotgun sequencing with next generation technology (Illumina). The number of alleles per locus ranged from 3 to 16 and the observed and expected heterozygosity ranged from 0.286 to 0.650 and 0.504 to 0.906, respectively. Five loci were found to be significantly deviated from the Hardy-Weinberg equilibrium and three pairs showed evidence of linkage disequilibrium. Most loci are highly informative for population genetics and linkage analyses according to their polymorphism information content (> 0.5) and will be useful for increasing our understanding of the wild population structure and developing a sustainable fishery management. Aislamiento y caracterización de nuevos marcadores microsatelitales en la almeja generosa (Panopea globosa) La almeja generosa Panopea globosa es una especie infáunica longeva y de gran tamaño que mantiene una pesquería creciente en la costa del Noroeste de México. A pesar de su demanda creciente en los mercados asiáticos, se conoce muy poco acerca de su biología. Con la finalidad de proveer nuevos marcadores genéticos para la caracterización de poblaciones silvestres, se desarrollaron nueve marcadores microsatelitales nuevos (con patrones repetidos de di-, tri-, y tetranucleotídicos) utilizando secuenciación genómica aleatoria con tecnología de secuenciación de siguiente generación (Illumina). El número de alelos por locus varió de 3 a 16 y los valores de heterocigosidad observada y esperada variaron de 0.286 a 0.650 y 0.504 a 0.906, respectivamente. Cinco microsatelites se desvían del equilibrio de Hardy-Weinberg y tres pares de microsatélites mostraron evidencia de desequilibrio de ligamiento. La mayoría de los loci son altamente informativos para estudios poblacionales y análisis de ligamiento de acuerdo con su contenido de información de polimorfismos (> 0.5) y serán útiles para incrementar el conocimiento de la estructura genética de las poblaciones silvestres de esta almeja y para coadyuvar en su pesquería sustentable.

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 The UNCLOS Dispute Settlement System: What Role Can It Play in Resolving Maritime Disputes in Asia?

2017 ◽  
Vol 8 (1) ◽  
pp. 91-115 ◽  
Author(s):  
Lan Ngoc NGUYEN
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Settlement System ◽  
High Profile ◽  
The World ◽  
Maritime Disputes ◽  
United Nations Convention ◽  
Dispute Settlement System ◽  
The Unclos

AbstractAsia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.

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