scholarly journals THE 1982 UNITED NATIONS LAW OF THE SEA CONVENTION: UNRESOLVED ISSUES REMAIN

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
George Barrie
Keyword(s):  
United Nations ◽  
Human Activities ◽  
Environmental Issues ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fundamental Nature ◽  
Boundary Disputes ◽  
Maritime Boundary ◽  
Economic Zone ◽  
The Law

Despite the 1982 United Nations Law of the Sea Convention (UNCLOS) being generally viewed as one of the major successes of United Nations treaty-making, unresolved issues remain. These range from maritime boundary disputes to straight baselines to artificial islands to military activities in the exclusive economic zone to environmental issues. Four decades have altered the fundamental nature of the regime relating to the law of the sea and have created major implementational challenges. The oceans are becoming more crowded by competitive human activities and, as technology progresses and geopolitical shifts occur, it has become imperative that the unresolved issues be resolved. In so doing UNCLOS’s initial vision can be augmented. This article focuses on five of the more problematic unresolved issues.

Foreign Military Activities in the Exclusive Economic Zone: Remarks on the Applicability and Scope of the Reciprocal ‘Due Regard’ Duties of Coastal and Third States

2019 ◽  
Vol 34 (1) ◽  
pp. 97-116
Author(s):  
Ioannis Prezas
Keyword(s):  
United Nations ◽  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Other Hand ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law

Abstract This study examines the applicability and scope of the reciprocal ‘due regard’ duties imposed upon coastal and third states by the United Nations Convention on the Law of the Sea in the field of military activities in the exclusive economic zone (EEZ). The applicability of these duties depends on the existence of a right of third states to conduct military activities in the EEZ of another state. Still, this preliminary issue remains extremely controversial because the rules established by the Convention do not offer any clear guidance. On the other hand, if such a right is recognized in abstracto and thus the applicability of the ‘due regard’ duties is triggered, an enquiry into the potential procedural and substantive scope of these duties is necessary to understand how conflicts between this right and coastal states’ rights and jurisdiction should be resolved in concreto.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

scholarly journals Penegakan Hukum Di Zona Ekonomi Eksklusif Indonesia (Zeei) Dalam Rangka Kepentingan Nasional Indonesia Di Bidang Kelautan

2022 ◽  
Vol 4 (2) ◽  
pp. 26
Author(s):  
Bambang S. Irianto
Keyword(s):  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Principles ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
Legal Concepts

This research is classified as normative legal research. The approach used is the statute approach, legal principles, legal theories, legal concepts. The juridical approach in this research is a problem approach based on the applicable laws and regulations, while the normative approach is a problem approach that examines the law in law so that conclusions can be drawn that are logical, coherent and systematic. Case Approach with the case approach is done by examining cases related to the issue at hand, and has become a decision that has permanent legal force.The results of the study show that there is still inconsistency in law enforcement in the EEZ for fishery potential by the Indonesian Navy in the Exclusive Economic Zone (EEZ), Indonesia is based on the United Nations convention regarding the Law of the Sea in 1982 with Law Number 17 of 1985 concerning legalization. on the United Nations Convention on the Law of the Sea (UNCLOS) and Law Number 45 of 2009 concerning Fisheries. Illegal fishing still occurs in the Indonesian Exclusive Economic Zone by foreign vessels, which is caused by weak patrols in the ZEEI area and is supported by the opening of the ZEEI area, the patrol vessels are less modern to compete with foreign fishing vessels, and the fish resources that are in the ZEEI have not been exploited by Indonesian fishermen according to Law No. 45 of 2009 concerning Fisheries is carried out by legal proceedings and is tried in court, and is sentenced to a sentence which is usually a fine. In the event that a prison sentence is allowed.  

The Timor Sea Conciliation under Article 298 and Annex V of UNCLOS: A Critique

2019 ◽  
Vol 18 (2) ◽  
pp. 281-325
Author(s):  
Xuexia Liao
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Boundary Disputes ◽  
Maritime Boundary ◽  
Timor Sea ◽  
United Nations Convention ◽  
Comprehensive Manner ◽  
The United Nations ◽  
The Law

Abstract This paper studies the first compulsory conciliation proceeding under Article 298 and Annex V of the United Nations Convention on the Law of the Sea. It assesses the competence and conciliation proceedings in a comprehensive manner, with a view to understanding how conciliation may contribute to settling maritime boundary disputes. This paper reviews the conciliation commission’s interpretation of Article 281, Article 298(1)(a)(i) and other relevant provisions of Annex V to UNCLOS, and discusses the question of whether a pre-existing treaty between the parties can preclude resort to compulsory conciliation under Article 298(1)(a)(i), a question largely left unanswered by the commission. Furthermore, this paper examines the conciliation proceedings and the outcomes in the light of the law of maritime delimitation.

The Application of the Law of Occupation in Maritime Zones and Rights to ‘Occupied’ Marine Resources

2021 ◽  
pp. 1-19
Author(s):  
Shani Friedman
Keyword(s):  
Continental Shelf ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Marine Resources ◽  
Occupied State ◽  
Economic Zone ◽  
The Law ◽  
New Perspective

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.

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.

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