scholarly journals Society for Underwater Techonology (ed.): Advances in Underwater Technology, Ocean Science and Offshore Engineering, Vol, 8 Exclusive Economic Zones: Reso-urces, Opportunities and the Legal Regime

1988 ◽  
Vol 1988 (39) ◽  
pp. 329-331
Author(s):  
Simon MCKENZIE

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.


2011 ◽  
Vol 26 (3) ◽  
pp. 385-411 ◽  
Author(s):  
Cathy Suykens

AbstractThe international community and important nuclear stakeholders are making efforts to promote the further globalisation of the nuclear fuel cycle. Consequently, marine shipments of radioactive materials are ever increasing. The history of maritime carriage of these substances has been characterised by disagreements between the various stakeholders with regard to, i.e., concepts such as innocent passage as included in the 1982 UN Convention on the Law of the Sea and implementation and interpretation of the precautionary principle. The international framework governing these shipments is flawed due to its inconsistency and fragmentation, thereby passively allowing coastal nations to take unilateral action, such as blocking the shipments from their Exclusive Economic Zones and territorial waters. On the European level, modern environmental law principles are being put forward more progressively, but are not incorporated into a consistent and clear legal regime in this particular context. Overall, there are many feasible improvements, both in the short- and the long term.


2004 ◽  
Vol 4 (1) ◽  
pp. 47-71 ◽  
Author(s):  
Peter H. Sand

In spite of early hopes for a “fading out” of sovereignty in the face of global environmental challenges, recent codifications of international law have confirmed the creeping national enclosure of what were once considered common assets—e.g., exclusive economic zones under the 1982 Law of the Sea Convention, or access to genetic resources from the 1983 International Undertaking via the 1992 Biodiversity Convention to the 2001 Plant Gene Treaty. Yet, because of their explicit limitation and qualification by “common interest” obligations, these expanded sovereign rights of nation states must be considered fiduciary rather than proprietary. Hence, the emerging legal regime is one of international public trusteeship (sometimes referred to as guardianship or stewardship) over a widening range of environmental resources. The article traces the evolution of the trusteeship concept in modern environmental law and its ramifications for international law and governance, as reflected in current proposals suggesting a new environmental mandate for the UN Trusteeship Council.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
David March ◽  
Kristian Metcalfe ◽  
Joaquin Tintoré ◽  
Brendan J. Godley

AbstractThe COVID-19 pandemic has resulted in unparalleled global impacts on human mobility. In the ocean, ship-based activities are thought to have been impacted due to severe restrictions on human movements and changes in consumption. Here, we quantify and map global change in marine traffic during the first half of 2020. There were decreases in 70.2% of Exclusive Economic Zones but changes varied spatially and temporally in alignment with confinement measures. Global declines peaked in April, with a reduction in traffic occupancy of 1.4% and decreases found across 54.8% of the sampling units. Passenger vessels presented more marked and longer lasting decreases. A regional assessment in the Western Mediterranean Sea gave further insights regarding the pace of recovery and long-term changes. Our approach provides guidance for large-scale monitoring of the progress and potential effects of COVID-19 on vessel traffic that may subsequently influence the blue economy and ocean health.


2012 ◽  
Vol 27 (4) ◽  
pp. 795-803 ◽  
Author(s):  
Moritaka Hayashi

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.


2021 ◽  
Vol 663 ◽  
pp. 197-208
Author(s):  
A Corbeau ◽  
J Collet ◽  
A Pajot ◽  
R Joo ◽  
T Thellier ◽  
...  

Albatrosses attend fishing boats to feed on fishing discards but are often at risk of accidental bycatch. To examine whether populations (same species) and sexes differ in their overlap with fisheries due to differences in habitat use, we combined the use of recently developed loggers equipped with GPS and boat radar detectors with Automatic Identification System (AIS) data. Our study indicates that incubating wandering albatrosses Diomedea exulans from Crozet and Kerguelen foraged in different habitats although the duration of trips was similar. Both female and male Kerguelen birds took advantage of the large and productive surrounding shelf, whereas Crozet birds used the small shelf around the islands to a lesser extent. In Crozet, there was segregation between males and females, the latter favouring deeper and warmer waters. The 2 strategies of habitat use led to different overlap and attraction to boats, with Kerguelen birds encountering and attending boats for longer and at closer proximity to the colony than Crozet birds. Crozet females encountered boats at greater distances from the colony than males. Because of their different habitat use and foraging outside exclusive economic zones (EEZ) and further from the colony, Crozet birds attended more non-declared boats (without AIS) than Kerguelen birds. Albatrosses were more attracted by fisheries than cargo vessels and were especially attracted by fishing discards that led them to attend vessels for longer periods for both sexes and populations. The differences found between populations and individuals in terms of habitat specialization and encounter rate of fisheries should be considered for future assessments of risk of bycatch.


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