The Relationship between the Exercise of Port State Jurisdiction over Activities of Ships and their Crew on the High Seas and Freedoms of the High Seas ‒ A Critical Appraial of the Recent Jurisprudence of International Tribunals ‒

2021 ◽  
Vol 58 ◽  
pp. 1-41
Author(s):  
Woohyun Kang
Keyword(s):  
International Tribunals ◽  
The Relationship ◽  
High Seas

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

Conservation on the High Seas: Developing the Concept of the High Seas Marine Protected Areas

2012 ◽  
Vol 27 (4) ◽  
pp. 849-857 ◽  
Author(s):  
Karen N. Scott
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
General Assembly ◽  
Orkney Islands ◽  
South Orkney Islands ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
The Creation ◽  
The Relationship ◽  
High Seas

Abstract This article explores developments in connection with marine protected areas (MPAs) on the high seas, beginning with a brief survey of existing high seas MPAs, recent initiatives such as the designation of the South Orkney Islands MPA, the creation of a network of OSPAR MPAs and the work undertaken by the UN General Assembly on developing a framework for oceans governance in areas beyond national jurisdiction. It considers: the absence of a clear legal basis for the creation of MPAs on the high seas; the relationship between MPA designation and traditional high seas freedoms; and the complex jurisdictional arrangements that govern activities on and in the high seas.

scholarly journals The Netherlands: The 2018 Agreement between The Ocean Cleanup and the Netherlands

2019 ◽  
Vol 34 (2) ◽  
pp. 351-371
Author(s):  
Rozemarijn Roland Holst
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Law Of The Sea ◽  
Dutch Government ◽  
Non Profit ◽  
International Regulations ◽  
Unique Nature ◽  
Relationship Of ◽  
The Relationship ◽  
High Seas

Abstract The Ocean Cleanup is a Dutch non-profit organisation on a mission to develop and deploy pioneering technology to rid the oceans of plastic. Considering the unique nature of the activity and the technology involved, it is not immediately self-evident which international regulations are directly applicable to this novel use of the high seas. The Dutch government, however, pledged to support the endeavour, and entered into a tailor-made Agreement with The Ocean Cleanup in order to ensure that its activities are conducted in accordance with general international law on maritime safety, the protection of the marine environment, and other legitimate uses of the high seas. This article reflects critically on the parties’ choice to base the Agreement ‘by analogy’ on the Law of the Sea Convention’s provisions on marine scientific research, and analyses the relationship of its core provisions with applicable international law, as well as identifying potential gaps.

scholarly journals The Legal Fiction of a Genuine Link as a Requirement for the Grant of Nationality to Ships and Humans – the Triumph of Formality over Substance?

2017 ◽  
Vol 17 (1) ◽  
pp. 167-191 ◽  
Author(s):  
Gotthard Mark Gauci ◽  
Kevin Aquilina
Keyword(s):  
Legal Systems ◽  
Legal Regime ◽  
National State ◽  
Functional Dimension ◽  
Legal Fiction ◽  
International Court ◽  
The Relationship ◽  
High Seas

SummaryThis paper discusses nationality of a person, whether physical or legal, and compares and contrasts the international legal regime which regulates the nationality of both persons. Whilst humans are granted nationality because they are citizens of a state to which they owe allegiance, in the case of areswhich enjoy nationality – such as a ship – the relationship between such aresand its national state is based on a functional dimension. A ship oftentimes navigates in areas beyond state jurisdiction (such as on the high seas) ending up in a legal vacuum if she enjoys no nationality to regulate its behaviour and whatever happens on board that ship during its extra-territorial voyages. The authors thus discuss the juridical nature of nationality, nationality of aresand of humans, and reflect upon the recent sale by states of their nationality to non-citizens thereby shifting human nationality closer to the commodification of nationality of which ships are a traditional instance. It concludes that nationality of ships and of humans has in some legal systems moved away from the classical International Court of Justice’s Nottebohm case requirement of a pre-existing genuine link to one where nationality is reduced to a commodity.

scholarly journals The CJEU: an overzealous architect of the relationship between the European Union legal order and the international one?

2016 ◽  
pp. 44-64
Author(s):  
SZILARD GASPAR-SZILAGYI
Keyword(s):  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Constitutional Courts ◽  
Federal Level ◽  
Exclusive Jurisdiction ◽  
International Legal Order ◽  
International Tribunals ◽  
The Relationship ◽  
The Eu

The current article provides a critical overview of the CJEU’s role as the main “architect” of the relationship between the EU legal order and the international legal order. The activities of the CJEU are assessed in light of four parameters: the protection of fundamental rights, the protection of the internal division of competences within the EU, issues of primacy and review of legality when international agreements are present, and the relationship between the CJEU and other international tribunals. It is argued that the CJEU in the last decade is increasingly acting in a fashion similar to federal constitutional courts that seek to protect the ‘federal’ level legal order from the intrusions of the international legal order and those of the sub-federal level. In its quest to protect the autonomy of the EU legal order and its own exclusive jurisdiction in a multilevel, pluralistic legal system, the CJEU might have caused more harm than good, affecting legal certainty, and the dialogue between it and the international legal order or international tribunals.

Who goes where, when, and how: international Law of the Sea for transportation

1977 ◽  
Vol 31 (2) ◽  
pp. 267-289 ◽  
Author(s):  
William T. Burke
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Economic Zone ◽  
Relationship Of ◽  
The Relationship ◽  
High Seas

Major LOS controversies over navigation concern access to the waters of archipelagoes, the scope of coastal authority over passage through the territorial sea and straits, and navigation through ocean areas adjacent to the territorial sea. Proposals at the LOS Conference pertaining to access to archipelagic waters focus on new rights for island nations and on safeguards for navigation interests. The specific issues at stake in the territorial sea and in straits concern innocent passage for warships, coastal authority to deny innocent passage, clarification of the concept of innocent passage, and the scope and content of a claimed special right of transit for straits. Beyond the territorial sea the most important navigation issues relate to the extent of coastal authority other than control of resources. Controls over vessel source pollution are at issue as well as the relationship of navigation to resource measures. Assessment of the various interests at stake and of the trends in consideration of proposed treaty arrangements on the above issues suggests that, in general, navigation uses of the ocean will not suffer unduly in the LOS treaty expected to emerge in 1977. However, proposals to create a new zone, called the economic zone, which would be subtracted from the high seas, pose a possible long-term threat to navigation interests.

scholarly journals OVID, TRISTIA 1.2: HIGH DRAMA ON THE HIGH SEAS

2006 ◽  
Vol 53 (1) ◽  
pp. 73-91
Author(s):  
JENNIFER INGLEHEART
Keyword(s):  
Winter Storm ◽  
Present Tense ◽  
The Relationship ◽  
High Seas

In the first poem of Tristia 1, Ovid claims me mare, me uenti, me fera iactat hiems (‘the sea, the winds, the savage winter storm harass me repeatedly’, 1.1.42). This is no mere rhetorical flourish: the immediacy of the present tense becomes apparent in the second poem in the collection, which purports to be the poet's words as he faces a storm at sea. Critics tend to treat this poem as a literary exercise, focusing upon Ovid's exploitation of epic descriptions of the sea as a vast elemental force, subject to the machinations of the gods. In particular, interest has centred upon Ovid's debt to the storms which face Aeneas and Odysseus in Aeneid 1, 3, and 5 and Odyssey 5, as well as the relationship between this poem and Ovid's own version of an ‘epic’ storm in the story of Ceyx and Alcyone at Metamorphoses 11.410–748.However, this poem contains much more than the sum of its various epic models: 1.2 is programmatic for the rest of Tristia 1, not least because it can be seen as the first ‘proper’ poem of the collection, given that 1.1 is addressed to Ovid's new book of poetry as he sends it to Rome, and as such, self-consciously stands apart from the rest of the book.

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