International Law and Marine Areas beyond National Jurisdiction

2022 ◽  
Keyword(s):  
International Law ◽  
National Jurisdiction ◽  
Marine Areas

scholarly journals Environmental impact assessments in areas beyond national jurisdiction

2021 ◽  
Author(s):  
◽  
Amy Boyes
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Environmental Impact Assessments ◽  
International Obligation ◽  
National Jurisdiction ◽  
Marine Areas

<p>A state that wishes to proceed with an activity or development has an obligation to undertake an assessment of the risks that activity will have on the environment. This obligation has been generally accepted in domestic and international law, and is often conducted in domestic and trans boundary areas. However, the application of the obligation in marine areas beyond national jurisdiction has been fragmented, with many activities and areas not being assessed. This paper looks at the international obligation to conduct an EIA in areas beyond national jurisdiction, and discusses the possibility of the development of an implementation agreement that would enhance and specify the requirement to conduct an EIA in areas beyond national jurisdiction.</p>

scholarly journals Environmental impact assessments in areas beyond national jurisdiction

2021 ◽  
Author(s):  
◽  
Amy Boyes
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Environmental Impact Assessments ◽  
International Obligation ◽  
National Jurisdiction ◽  
Marine Areas

<p>A state that wishes to proceed with an activity or development has an obligation to undertake an assessment of the risks that activity will have on the environment. This obligation has been generally accepted in domestic and international law, and is often conducted in domestic and trans boundary areas. However, the application of the obligation in marine areas beyond national jurisdiction has been fragmented, with many activities and areas not being assessed. This paper looks at the international obligation to conduct an EIA in areas beyond national jurisdiction, and discusses the possibility of the development of an implementation agreement that would enhance and specify the requirement to conduct an EIA in areas beyond national jurisdiction.</p>

scholarly journals Oceans beyond Boundaries: Environmental Assessment Frameworks

2012 ◽  
Vol 27 (2) ◽  
pp. 481-499 ◽  
Author(s):  
Robin Warner
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Environmental Assessment ◽  
Potential Role ◽  
Ad Hoc ◽  
Strategic Environmental Assessment ◽  
Customary International Law ◽  
National Jurisdiction ◽  
Marine Areas

Abstract The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives being taken by the international community to develop a more comprehensive legal and institutional framework for EIA and SEA of activities affecting ABNJ. It examines the role of sectoral environmental assessment in ABNJ, as well as the potential role of global guidelines for EIA and SEA of activities affecting ABNJ.

Identifying Community Interests in International Law

2018 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Available P ◽  
General Question ◽  
Global Commons ◽  
Settlement Systems ◽  
Community Interest ◽  
National Jurisdiction ◽  
Advisory Opinions

This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.

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 The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

scholarly journals Data-driven approach for highlighting priority areas for protection in marine areas beyond national jurisdiction

Marine Policy ◽  
2020 ◽  
Vol 122 ◽  
pp. 103927 ◽  
Author(s):  
Morgan E. Visalli ◽  
Benjamin D. Best ◽  
Reniel B. Cabral ◽  
William W.L. Cheung ◽  
Nichola A. Clark ◽  
...  
Keyword(s):  
Data Driven ◽  
Priority Areas ◽  
National Jurisdiction ◽  
Data Driven Approach ◽  
Marine Areas

Slaughterhouse-Six: Updating the Law of War

2004 ◽  
Vol 5 (5) ◽  
pp. 525-544 ◽  
Author(s):  
Ed Morgan
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
European Court ◽  
House Of Lords ◽  
Self Interest ◽  
Time Zones ◽  
National Jurisdiction ◽  
State Obligations ◽  
The Impact

International law has come unstuck in time. It has gone to sleep stressing a normative future based on state “obligations owed towards all the other members of the international community,” and has awakened in a bygone world in which the state is “susceptible of no limitation not imposed by itself.” The opposing time zones seem now to exist in unison. Thus, for example, the European Court of Human Rights, in examining the impact of the Torture Convention, can split 9:8 on whether national self-interest trumps universal rules of cooperation, or the other way around. Likewise, England's House of Lords can opine in thePinochetcase that, as between a reinvigorated national jurisdiction and the developing concept of universal one, “international law is on the move.”

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