Regulation and Enforcement in the Law of the Sea: Emerging Assertions of a Right to Non-Flag State Enforcement in the High Seas Fisheries and Disarmament Contexts

2005 ◽  
Vol 24 (1) ◽  
pp. 181-200
Author(s):  
Rosemary Rayfuse
Keyword(s):  
Law Of The Sea ◽  
The Law ◽  
Flag State ◽  
High Seas

scholarly journals The MV “Norstar” Case (Panama v. Italy)

2020 ◽  
Vol 114 (1) ◽  
pp. 116-123
Author(s):  
Cameron Miles
Keyword(s):  
Law Of The Sea ◽  
International Tribunal ◽  
The Law ◽  
State Rights ◽  
Flag State ◽  
The Way ◽  
Freedom Of Navigation ◽  
High Seas

In the MV “Norstar” Case (Norstar Case), the International Tribunal for the Law of the Sea (ITLOS) produced two reasoned decisions. In the first, the Tribunal established jurisdiction over the relevant dispute and the admissibility of Panama's claims. In the second, it found that Italy had violated Panama's right to freedom of navigation on the high seas. In the latter decision, the Tribunal relied on an expansive understanding of flag state jurisdiction—prompting a vociferous joint dissent by seven of its twenty-three judges. The majority's understanding of the jurisdictional exclusivity of the flag state as extending to prescriptive as well as enforcement jurisdiction is a significant expansion of flag state rights—and will have a corresponding impact on the way that shipping is regulated internationally.

Dispute Settlement in the Law of the Sea: Survey for 2019

2020 ◽  
Vol 35 (4) ◽  
pp. 621-659
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
Sao Tome And Principe ◽  
The Law ◽  
Flag State ◽  
High Seas

Abstract This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2019. The most significant developments concerned the International Tribunal for the Law of the Sea (ITLOS). It delivered its judgment in the M/V Norstar (Panama v. Italy) case (concerning bunkering on the high seas and the scope of non-flag State prescriptive jurisdiction over vessels); made two provisional orders – in the Detention of Three Ukrainian Naval Vessels (Ukraine v. Russia) and San Padre Pio (Switzerland v. Nigeria) cases, both concerned with the alleged unlawful seizure and detention of ships; and was seized of two new cases. In addition, an arbitral tribunal made an award of reparation in the Duzgit Integrity (Malta v. São Tomé and Príncipe) case.

Global Governance of Deep-Sea Fisheries

2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
Global Governance ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Governance System ◽  
Legal Regime ◽  
Short Term ◽  
Fish Stocks ◽  
The Law ◽  
Global Agreement ◽  
High Seas

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies

Disentangling the "Genuine Link": Enquiries in Sea, Air and Space Law

2010 ◽  
Vol 79 (3) ◽  
pp. 383-432 ◽  
Author(s):  
Vincent Cogliati-Bantz
Keyword(s):  
Law Of The Sea ◽  
Space Object ◽  
Space Law ◽  
The Law ◽  
Meaningful Connections ◽  
Flag State

AbstractWhile the UN Convention on the Law of the Sea contains the requirement that there exist a genuine link between a ship and its flag State, neither what constitutes that link, nor the effect of its absence has been determined with unambiguous clarity. In addition, it must be enquired whether the genuine link is a requirement that concerns the opposability of the nationality, or the duties of the flag State once the nationality is conferred, or both. The fact that the genuine link as a requirement has not been singled out expressly in the relation between a State of registry and an aircraft or a space object calls for an analysis of the legal mechanisms in air law and space law in order to determine what meaningful connections are established between these means of transportation and States.

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.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

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