China’s Approach to Marine Scientific Research

2021 ◽  
Vol 9 (2) ◽  
pp. 294-310
Author(s):  
Nong Hong
Keyword(s):  
Scientific Research ◽  
Critical Question ◽  
Domestic Legislation ◽  
State Practice ◽  
National Jurisdiction

Abstract This article addresses the legislation, policy and State practice of China on marine scientific research (MSR). It elaborates in detail both international and domestic legislation of China governing MSR in waters within its national jurisdiction and points to the legal controversy and ambiguity of MSR conducted by foreign parties. It also raises a critical question on how to approach MSR in overlapping maritime zones amidst pending maritime delimitation.

Marine Scientific Research in Japan’s Practice

2021 ◽  
Vol 9 (2) ◽  
pp. 281-293
Author(s):  
Sookyeon Huh
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Instrument ◽  
Domestic Legislation ◽  
State Practice ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations

Abstract This article examines Japan’s state practices on marine scientific research (MSR). The survey of state practices requires the discernment of generalisability and particularity in each state practice. There are two points to note while considering the generalisabilities and particularities in Japan’s practices: first, Japan oversees MSR activities in its waters according to a non-legal instrument or a guideline, unlike neighbouring countries that use domestic legislation in MSR upon ratifying the United Nations Convention on the Law of the Sea; second, Japan faces quite a few MSR incidents in its undelimited exclusive economic zone. Thus, this article covers an outline of Japan’s guideline, its response to illegal or unregulated MSR activities in its waters, its relationships with neighbouring countries, and the failure of its attempt to legislate the MSR Law in 2007.

Environmental Assessment in Marine Areas Beyond National Jurisdiction: Practice and Prospects

2017 ◽  
Vol 111 ◽  
pp. 252-255
Author(s):  
Robin Warner
Keyword(s):  
Human Activity ◽  
Marine Environment ◽  
Environmental Assessment ◽  
Marine Pollution ◽  
Scientific Research ◽  
Marine Ecosystems ◽  
Marine Resources ◽  
Governance Structures ◽  
National Jurisdiction ◽  
Marine Areas

Knowledge of the threats posed to the oceans by human activity has expanded beyond marine pollution to encompass recognition of the risks posed to vulnerable marine ecosystems (VMEs) by overfishing, destructive fisheries practices, and invasive exploitation of living and nonliving marine resources. However, with the still-developing state of marine scientific research, the majority of activities at sea continue to occur with limited knowledge of their impacts on the marine environment. In this climate of uncertainty, environmental assessment assumes heightened importance. While governance structures will generally exist to facilitate environmental assessment in marine areas within national jurisdiction, these structures are still developing for marine areas beyond national jurisdiction (ABNJ).

scholarly journals Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

La zone économique exclusive dans la pratique des États

1998 ◽  
Vol 35 ◽  
pp. 3-55 ◽  
Author(s):  
Francis Rigaldies
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Judicial Decisions ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

SummaryThe use of the concept of an exclusive Economie zone has increased since the adoption of the United Nations Convention on the Law of the Sea. However, the characterization of this zone varies greatly between States. This article presents an exhaustive survey of the concept of an exclusive Economie zone. The author discusses the types of jurisdiction exercised by States in their uses of an exclusive Economie zone. Disparity exists between the provisions of the Convention and State practice in some specific areas: for example, the provisions on the environment and on scientific research. Despite these exceptions, the author maintains that the basic tenets of the Convention are respected in State practice. State declarations as well as arbitral and judicial decisions show that the Convention and State practice are together evolving to reinforce the basic principles of the concept of an exclusive Economie zone.

The Law of Neutrality and State Practice

2020 ◽  
pp. 43-87
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
Coherent State ◽  
Case Studies ◽  
Domestic Legislation ◽  
State Practice ◽  
Foreign Office ◽  
The Law

Chapter 3 explores how Great Britain applied and implemented its neutrality policy after 1870, building a coherent state practice based on its Foreign Enlistment Act. Several case studies from various conflicts after 1870 highlight the main areas of dispute between neutral Great Britain and belligerent powers, dealing with the sale of ships, coaling, contraband, and the destruction of ships. More broadly, the chapter shows the challenges which Great Britain faced in the application of its domestic legislation. It shows the important role of the Foreign Office and the Law Officers of the Crown in dealing with these matters, and how they shaped the understanding of neutrality more generally.

scholarly journals Concluding Observations on Sovereignty in Cyberspace

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 282-283
Author(s):  
Gary P. Corn ◽  
Robert Taylor
Keyword(s):  
International Law ◽  
Critical Question ◽  
Territorial Sovereignty ◽  
State Practice ◽  
Primary Rule

In Sovereignty in Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours of the exception they would recognize.

scholarly journals Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction

2017 ◽  
Vol 32 (4) ◽  
pp. 797-822 ◽  
Author(s):  
Harriet R. Harden-Davies
Keyword(s):  
Technology Transfer ◽  
Sustainable Use ◽  
Scientific Research ◽  
Integrated Approach ◽  
Pacific Island ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
Pacific Island Countries ◽  
Access To Data ◽  
Coordination And Collaboration

Abstract Pacific Island Countries have limited capacity to engage in scientific research involving marine genetic resources in areas beyond national jurisdiction (abnj). Marine scientific research and capacity development are central to the regime for technology transfer established by the 1982 United Nations Convention on the Law of the Sea (losc), but gaps and ambiguities weaken this framework. In this article, options to strengthen scientific capacity in Pacific Island Countries, through the development of a new international legally binding instrument for the conservation and sustainable use of biodiversity in abnj under the losc, are examined. The international framework for technology transfer could be strengthened by fostering an integrated approach to the advancement, sharing and application of scientific knowledge. Coordination and collaboration at global and regional levels will be required to increase marine science cooperation, improve access to data and information, deliver training, and overcome barriers to develop institutional and individual scientific capacity.

On the Legitimacy of National Interests of Sponsoring States: A Deep Sea Mining Conundrum

2020 ◽  
pp. 1-18
Author(s):  
Klaas Willaert
Keyword(s):  
Deep Sea ◽  
Mineral Resources ◽  
Decisive Role ◽  
Legal Framework ◽  
National Interests ◽  
The Public ◽  
Domestic Legislation ◽  
National Jurisdiction ◽  
The Common ◽  
International Instruments

Abstract Beyond national jurisdiction, the deep seabed and its mineral resources are designated as the ‘common heritage of mankind’. Nevertheless, the governing legal framework does not only consist of international instruments, as domestic legislation issued by sponsoring States also plays a decisive role. The legitimacy of certain national provisions can be questioned though, taking into account the duty to carry out activities in the Area for the benefit of mankind as a whole. For instance, can a sponsoring state demand that the proposed mining activities are in the public interest of the State? Are they allowed to generate revenue by introducing a recovery fee or other taxes? Should developing States enjoy more leeway, given the particular consideration for their interests and needs in the Law of the Sea Convention? This article analyses to what extent creeping national interests in domestic legislation on deep sea mining are in accordance with international law.

Some Developments and Issues after the Adoption of UNCLOS

2021 ◽  
Vol 9 (1) ◽  
pp. 35-59
Author(s):  
Helmut Tuerk
Keyword(s):  
South China Sea ◽  
Law Of The Sea ◽  
International Tribunal ◽  
State Practice ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
Heavy Workload ◽  
The Law ◽  
Advisory Opinions ◽  
Complex Question

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) is a framework treaty and a number of its provisions lend themselves to divergent interpretations. There are developments that had not been foreseen at the time of its adoption. The International Tribunal for the Law of the Sea (ITLOS) has made a substantive contribution to the development of the law of the sea by its jurisprudence, including advisory opinions. The issue of the regime of islands, which has in particular arisen in the South China Sea, is still highly controversial and no consistent State practice exists. A largely unresolved and complex question is that of the limits of the international seabed Area as the Commission on the Limits of the Continental Shelf (CLCS) is overburdened by a tremendous and unforeseen heavy workload. The issue of Marine Genetic Resources (MGRs) in Areas Beyond National Jurisdiction (ABNJ), of which there was no knowledge at the time of the elaboration of UNCLOS, remains to be resolved by a further implementation agreement to UNCLOS currently under negotiation.

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