scholarly journals Testing the Limits of Jurisdiction in Investor-State Arbitration in Svalbard’s Waters: Peteris Pildegovics and SIA North Star v. Kingdom of Norway

2021 ◽  
Vol 12 (0) ◽  
pp. 167
Author(s):  
Valentin Schatz
Keyword(s):  
Fishing Vessel ◽  
Coastal State

On 1 April 2020, the Latvian fishing company SIA North Star and its owner Peteris Pildegovics initiated an investor-State arbitration against Norway (Peteris Pildegovics and SIA North Star v. Kingdom of Norway) at the International Centre for Settlement of Investment Disputes (ICSID). This case is not only Norway’s first ever ICSID case, but also the first publicly known investor-State arbitration in which an operator of a fishing vessel has brought a claim against a coastal State for allegedly unlawful exercise of prescriptive and enforcement jurisdiction in relation to fisheries. The case raises intricate questions concerning the limits of jurisdiction ratione materiae and jurisdiction ratione personae of investment tribunals.

A Study on Marine Accidents involving Fishing Vessel Caused by Human Error

2019 ◽  
Vol 31 (4) ◽  
pp. 205-236
Author(s):  
Myeong -Kyu Lee ◽  
Koji Yoshimoto
Keyword(s):  
Human Error ◽  
Fishing Vessel ◽  
Marine Accidents

scholarly journals Fisheries: A Missing Link in Greenhouse Gas Emission Policies in South Korea

2021 ◽  
Vol 13 (11) ◽  
pp. 5858
Author(s):  
Kyumin Kim ◽  
Do-Hoon Kim ◽  
Yeonghye Kim
Keyword(s):  
Greenhouse Gas ◽  
Greenhouse Gas Emission ◽  
Ghg Emissions ◽  
Bioeconomic Model ◽  
Negative Externalities ◽  
Fishing Vessel ◽  
Gas Emission ◽  
Fishing Vessels ◽  
The Government ◽  
Different Levels

Recent studies demonstrate that fisheries are massive contributors to global greenhouse gas (GHG) emissions. The average Korean fishing vessel is old, fuel-inefficient, and creates a large volume of emissions. Yet, there is little research on how to address the GHG emissions in Korean fisheries. This study estimated the change in GHG emissions and emission costs at different levels of fishing operations using a steady-state bioeconomic model based on the case of the Anchovy Tow Net Fishery (ATNF) and the Large Purse Seine Fishery (LPSF). We conclude that reducing the fishing efforts of the ATNF and LPSF by 37% and 8% respectively would not only eliminate negative externalities on the anchovy and mackerel stock respectively, but also mitigate emissions and emission costs in the fishing industry. To limit emissions, we propose that the Korean government reduce fishing efforts through a vessel-buyback program and set an annual catch limit. Alternatively, the government should provide loans for modernizing old fishing vessels or a subsidy for installing emission abatement equipment to reduce the excessive emissions from Korean fisheries.

Optimal design of two-stage ejector for subzero refrigeration system on fishing vessel

2021 ◽  
Vol 187 ◽  
pp. 116565
Author(s):  
Xinli Wang ◽  
Lei Wang ◽  
Yajie Song ◽  
Jie Deng ◽  
Youjie Zhan
Keyword(s):  
Optimal Design ◽  
Refrigeration System ◽  
Fishing Vessel ◽  
Two Stage

Autonomous Technology and Dynamic Obligations: Uncrewed Maritime Vehicles and the Regulation of Maritime Military Surveillance in the Exclusive Economic Zone

2021 ◽  
pp. 1-30
Author(s):  
Simon MCKENZIE
Keyword(s):  
Legal Regime ◽  
Coastal State ◽  
Maritime Surveillance ◽  
Legal Obligations ◽  
Legal Implications ◽  
Exclusive Economic Zones ◽  
Dynamic Quality ◽  
Economic Zones ◽  
Environmental Interests ◽  
Autonomous Technology

Abstract The development of uncrewed maritime vehicles [UMVs] has the potential to increase the scale of military maritime surveillance in the exclusive economic zones of foreign coastal states. This paper considers the legal implications of the expanded use of UMVs for this purpose. It shows how features of the legal regime—namely how its application depends on determining the intent of a vessel's operation (to distinguish marine scientific research from military surveillance), as well the obligation to have due regard—have a “dynamic” quality that will pose a challenge to UMVs operated by autonomous technology. The legal obligations will require equipping UMVs with the capacity to communicate something about their identity, the purpose of their mission, and to be able to have some capacity to be responsive to the economic and environmental interests of the coastal state.

Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Comparative Analysis ◽  
Arctic Ocean ◽  
Case Law ◽  
The Arctic ◽  
Coastal State ◽  
Ocean Governance ◽  
State Practice ◽  
The Arctic Ocean

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.

Military Activities in the Exclusive Economic Zones of Foreign Coastal States

2012 ◽  
Vol 27 (4) ◽  
pp. 795-803 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
United States ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
United States Military ◽  
Opposing View ◽  
Coastal State ◽  
Stable Order ◽  
Exclusive Economic Zones ◽  
Economic Zones ◽  
Common Understanding

Abstract One disturbing element in an overall stable order built on the Law of the Sea Convention is the disagreement between some States over the use of the exclusive economic zone (EEZ) of a coastal State by another State for military purposes. While it appears to be generally accepted that military activities in the EEZ of another State are part of “the freedoms . . . of navigation and overflight and other internationally lawful uses of the sea related to these freedoms . . .” under Article 58(1), some States, notably China, hold an opposing view. The disagreement has led to several incidents involving forceful disturbance of activities of United States military vessels and aircraft in and above the EEZ of China. There is an urgent need for the States concerned and the international community to find a common understanding on the issue or some kind of practical arrangement for avoiding further serious incidents.

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