scholarly journals THE PRESCRIPTIVE AND ENFORCEMENT JURISDICTION OF A COASTAL STATE IN RELATION TO SHIP SOURCE POLLUTION OCCURS IN ITS VARIOUS MARITIME ZONES, UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AND THE CUSTOMARY INTERNATIONAL LAW

2020 ◽  
Vol 8 (11) ◽  
pp. 616-624
Author(s):  
Zacharias L. Kapsis ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Coastal State ◽  
United Nations Convention ◽  
The United Nations ◽  
International Conventions ◽  
Laws And Regulations

The coastal state jurisdiction is the jurisdiction enjoyed by a coastal state in relation to breaches of regulations and laws by foreign flagged ships that take place within its various jurisdictional zones. The prescriptive and enforcement jurisdiction comprise the main power of a coastal state. Prescriptive is the jurisdiction to prescribe laws and regulations, while enforcement is the jurisdiction to enforce such laws. The rights and obligations of a state in relation to navigation and pollution are determined primarily by international conventions and customary international law. The 1982 Law of the Sea Convention (UNCLOS) is the most widely ratified convention in this field of law, outlining the rights and obligations of the states in relation to their variousmaritmezones as well as with respect to environmental protection.States have under UNCLOS the obligation to protect and preserve the marine environment and they are also under an obligation to take measures jointly or individually to reduce and prevent, control and reduce pollution of the marine environment from any source including the atmosphere and from vessels.In relation to ship source pollution there are various obligations.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

The United Nations Convention on the Law of the Sea

2000 ◽  
Author(s):  
John-Pierre Levy
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
World Organization

When the United Nations Convention on the Law of the Sea (the Convention) was adopted in 1982 after nine years of negotiations, it was hailed as "the ultimate constitution for the oceans". For the first time, an international legal instrument acknowledges that "the problems of ocean space are closely interrelated and need to be considered as a whole". Accordingly, in 320 articles and 9 annexes, the treaty provides the international legal framework for exercising the rights and duties of States relating to their uses of ocean space and its resources. After substantially amending the part dealing with the deep seabed area and its resources by the Agreement of 28 July 1994, the Convention entered into force on 16 November 1994 for those States which deposited instruments of ratification. It is now strongly supported by a significant majority of the States of the world, including major maritime powers, developing states, and others. The Convention codifies and develops customary international law as well as creating new rules and institutions. In some respects, the Convention provides specific rules and, in other respects, more general rules, whose precise meaning will evolve through practice. The Convention provides at minimum a framework for all uses of the sea. It envisages other international agreements, bilateral and multilateral, to elaborate its implementation. In spite of the breadth of the subject matter, the practice of States generally conforms to the law of the sea embodied in the Convention. The international community rightly feels proud of its achievement. But international law (and the law of the sea in particular) is a reflection of the needs of States during a certain period in history and their expectations of the future. This Convention does not necessarily contain the answers to all the challenges awaiting humankind in the 21st century, but it provides a sound framework for addressing them. Before examining in depth the issues relating to the delimitation of the outer limit of the continental shelf, a brief review of the major features of the Convention is appropriate. In the aftermath of World War II and soon after the creation of the United Nations in 1945, the new world organization requested its International Law Commission to consider the codification of existing customary international law relating to the oceans.

scholarly journals Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Pierre Klein ◽  
Tiến Vinh Nguyễn
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
New Developments ◽  
Judicial Decisions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

Fisheries under the United Nations Convention on the Law of the Sea

1983 ◽  
Vol 77 (4) ◽  
pp. 739-755 ◽  
Author(s):  
Shigeru Oda
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishery Resources ◽  
Full Control ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
High Seas

Under the traditional rules of international law, the sea was divided into the high seas and the territorial seas and in each case different rules and regulations obtained. As for the exploitation of fishery resources, the coastal state possessed unquestioned rights to regulate any such exploitation within its territorial sea and to apply its domestic legislation fully to any person engaged in such activities. Similarly, the coastal state was free to prohibit fishing by foreigners in its territorial sea and thus to monopolize those fishery resources. On the high seas, however, no state was allowed, at least in principle, to impose its jurisdiction upon any foreign vessel, since fishing on the high seas fell under the general regime of the high seas. The existence of these two disparate regimes, namely, exploitation under the full control of the coastal state and exploitation free from interference by any country, was a fundamental presumption underlying the exploitation of fishery resources.

2 The 1982 United Nations Convention on the Law of the Sea

2015 ◽  
Author(s):  
Churchill Robin R
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Nature ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

The United Nations Convention on the Law of the Sea (LOSC) is the most important source of the international law of the sea. This chapter discusses the history and legal characteristics of the LOSC. It explains how the LOSC came into being; gives a brief overview of its provisions and considers their varying legal nature; explains which entities may and have become parties to the LOSC and considers the extent to which they are permitted to make reservations and declarations; outlines the relationship of the LOSC to other treaties and customary international law; explores the mechanisms for seeking to ensure compliance with the LOSC by its States parties; and finally discusses how the LOSC is kept under review and developed.

Arigo and Others v. Swift and Others

2021 ◽  
Vol 195 ◽  
pp. 295-373
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Environmental Damage ◽  
Restricted Area ◽  
Customary International Law ◽  
United Nations Convention ◽  
The Law

295State immunity — United Nations Convention on the Law of the Sea, 1982 — Articles 30, 31 and 32 — Rules applicable to warships — Non-compliance by warships with laws and regulations of coastal State — United States vessel entering restricted area of Philippine waters — Responsibility of flag State for damage caused by warship — Immunities of warships — Philippines–United States of America Visiting Forces Agreement, 1998 — Whether any waiver of immunity — Role of executiveSea — Treaties — United Nations Convention on the Law of the Sea — Convention not ratified by United States — Customary international law — Coastal State rights — Marine environment — Whether relevant provisions of treaty codifying customary international law — Whether United States responsible for environmental damage — Whether United States immune from suitJurisdiction — United States vessel entering restricted area of Philippine waters — Whether act jure imperii — Environmental damage — Whether United States having immunity — Whether Philippines barred from exercising jurisdiction over United States respondents — Article XVI of Philippines Constitution, 1987Environment — Marine environment — Right to a healthful ecology — Intergenerational responsibility — Writ of Kalikasan — The law of the Philippines

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

Innocent Passage of Warships

2016 ◽  
Vol 1 (2) ◽  
pp. 210-243 ◽  
Author(s):  
Anh Duc Ton
Keyword(s):  
United Nations ◽  
North Korea ◽  
East Asian ◽  
Law Of The Sea ◽  
Coastal State ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

The United Nations Convention on the Law of the Sea (losc) is well known as the “Constitution for the Oceans”; however, the passage of foreign warships through the territorial sea of a coastal State is not clearly addressed. All East Asian littoral States (except North Korea and Cambodia) are parties to the losc but their practices regarding the innocent passage of warships are different. This article provides an analysis of the innocent passage regime of the losc, the practice of East Asian littoral States regarding the innocent passage of warships as well as factors that have influenced the trends in their practices.

19 The International Maritime Organization

2015 ◽  
Author(s):  
Chircop Aldo
Keyword(s):  
United Nations ◽  
International Law ◽  
Critical Role ◽  
Governance Structure ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
Intergovernmental Organization ◽  
United Nations Convention ◽  
The United Nations ◽  
Special Competence

The International Maritime Organization (IMO) is an intergovernmental organization with special competence in matters relating to navigation and shipping. It also plays a critical role in the international law of the sea. This chapter discusses the purposes, functions, and governance structure of the IMO; and the functions of the IMO in the United Nations Convention on the Law of the Sea (LOSC).

Sign in / Sign up

Export Citation Format

Share Document