Chapter 8. FAO, Ocean Governance, and the Law of the Sea

Author(s):  
Pavliha Marko

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.


Author(s):  
Golitsyn Vladimir

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.


Author(s):  
Chircop Aldo

This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.


2022 ◽  
Vol 8 ◽  
Author(s):  
Ibukun J. Adewumi ◽  
Juan Luis Suárez de Vivero ◽  
Alejandro Iglesias-Campos

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.


Author(s):  
Blanco-Bazan Agustin

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.


Author(s):  
Subedi Surya P

This chapter discusses the role of the Commission on the Limits of the Continental Shelf, established under the United Nations Convention on the Law of the Sea (UNCLOS), in the governance of the seas and oceans. It first considers the competition for the resources of the seas and oceans among States before providing an overview of the functions of the Commission. It then outlines the criteria for the establishment of the outer limits of the continental shelf and proceeds by analysing the challenges for the Commission in dealing with claims by coastal States for the extension of their continental shelves beyond 200 nautical miles. It also examines issues such as ambiguity in the law itself, the workload of the Commission, problems of enforcement, questions of transparency and accountability, financial resources, and independence of the Commissioners.


Sign in / Sign up

Export Citation Format

Share Document