scholarly journals Droit de la mer : La contribution du Canada au nouveau concept de la zone économique

2005 ◽  
Vol 11 (3) ◽  
pp. 421-440 ◽  
Author(s):  
Georges Antoine Léger
Keyword(s):  
Marine Environment ◽  
Functional Approach ◽  
Law Of The Sea ◽  
Geographical Proximity ◽  
Fundamental Issue ◽  
Fishing Rights ◽  
Coastal State ◽  
The Past ◽  
Leading Role ◽  
Delegation Of Powers

The decade-long process of negotiation leading to a new regime of Oceans Law is drawing to a close. One of its major achievements to date is the elaboration of an entirely new concept in ocean space, the exclusive economic zone. Canada has played a leading role in bringing about consensus on the main elements of this zonal approach, a bridge linking certain features of the territorial sea regime with a number of safeguards derived from the exercise of high seas rights. Canada 's contribution was based generally on a novel application of the functional approach which has been prevalent in Canada 's treatment of Law of the Sea issues over the past few years. The idea was to apply the principles of delegation of powers to those of functionalism, in order to foster a zonal approach whereby certain functional rights and obligations (pertaining, for instance, to fisheries or to the marine environment) would be carried out by the coastal state on behalf of the international community. In recognition of its exercise of this mandate, and in regard to its geographical proximity to the ocean space it managed, the coastal state would be granted a preferential (and for most purposes an exclusive) access to the resources of the zone. One of the best examples of this approach can be found in Canada 's earliest efforts to deal with the fundamental issue of fishing rights at the Conference. Bringing a multi-disciplinary focus to bear on the need to distinguish between different species of fish in the coastal areas, the Canadian delegation, with the co-sponsorship of a number of like-minded countries, brought forward proposals tailored to the management and exploitation of these species.

Conflicting Interests in the Turkish Straits: Is the Free Passage of Merchant Vessels still Applicable?

2005 ◽  
Vol 20 (2) ◽  
pp. 225-246
Author(s):  
Matteo Fornari
Keyword(s):  
International Law ◽  
Marine Environment ◽  
International Community ◽  
Law Of The Sea ◽  
Coastal State ◽  
Radioactive Substances ◽  
The Future ◽  
Conflicting Interests

AbstractThe issue of the regulation of navigation through Turkish straits proved to be one of the most sensitive and thorny question of international law of the sea in the last years. Transit through theses waters is regulated by a 1936 Convention—"a long-standing" convention according to the article 35, lett. c, of UNCLOS—that is more concerned with the passage regime of warships rather than the transit of commercial vessels. In the last decades, the Montreux Convention has showed its inadequacy in regulating this latter kind navigation: the free-passage principle, by day and night without obstacles, could be considered well grounded time ago, when essentially vessels carrying cereal went through these waters. But nowadays it seems hazardous, for marine environment and security of populations, allowing free and unimpeded transit of fifteen tankers a day. It follows that the problem is how can Turkey, the only coastal State of the Straits (and international community) prevent in the future accidents or collisions between ships carrying oil, chemical or radioactive substances, endangering seriously the regional ecosystem?

Challenges to Protecting the Marine Environment beyond National Jurisdiction

2012 ◽  
Vol 27 (4) ◽  
pp. 839-847 ◽  
Author(s):  
Kristina M. Gjerde
Keyword(s):  
Marine Environment ◽  
Integrated Management ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human History ◽  
Global Community ◽  
The Past ◽  
National Jurisdiction ◽  
The Law

Abstract In the past thirty years since the signing of the UN Convention on the Law of the Sea (LOSC), the ocean has changed more than in all of human history before. It is now facing a multitude of interconnected threats that require comprehensive, precautionary and integrated management. This review of the environmental provisions in Part XII of the LOSC with respect to the high seas and the seabed area beyond national jurisdiction (ABNJ) reveals significant strengths as well as substantial weaknesses and gaps. Governments are now grappling with how to address problems related to the conservation and sustainable use of marine biodiversity in ABNJ. This commentary concludes that Part XII will need strengthening, including through an implementing agreement, to enable the global community to cope with the escalating challenges of a changing ocean.

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.

Contemporary Exclusive Fishery Zones or Why Some States Still Claim an EFZ

2008 ◽  
Vol 23 (2) ◽  
pp. 271-295
Author(s):  
Shalva Kvinikhidze
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Economic Activities ◽  
Fishing Rights ◽  
Coastal State ◽  
Functional Zone ◽  
Legal Nature ◽  
State Practice ◽  
United Nations Convention ◽  
The Law

AbstractThis article deals with the concept of the Exclusive Fishery Zone (EFZ) which has long existed in the state practice in the law of the sea. It describes the genesis and development of the concept, attempts by coastal states to gain extensive and exclusive control over fishery resources beyond the territorial sea, and the influence of international conferences and the United Nations Convention on the Law of the Sea on EFZs. The main aim of this article is to examine current claims to EFZs, describe the legal nature of contemporary EFZs and analyse the motivation of coastal states for still claiming an EFZ and not an Exclusive Economic Zone (EEZ), which is a multi-functional zone that includes not only exclusive fishing rights of the coastal state but also other rights, jurisdiction and economic activities.

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.

scholarly journals Glasnost in Soviet literary criticism: current debates on the Russian national character (1988-1990)

Literator ◽  
1991 ◽  
Vol 12 (3) ◽  
pp. 89-102
Author(s):  
H. Mondry
Keyword(s):  
Cultural Heritage ◽  
Literary Criticism ◽  
National Character ◽  
Literary Texts ◽  
The Past ◽  
Political Reforms ◽  
Leading Role

Re-evaluation of the cultural heritage of the past has been an integral part of Soviet literary criticism. From 1987 up to the present, literary criticism has played a leading role in the promotion of the economic, social and political reforms of perestroika. Literary critics use the methodology of social deconstruction in the interpretation of the literary texts of the past, actualising the problematics of the texts in accordance with their relevance to contemporary Soviet issues.

scholarly journals Podstawowe zasady międzynarodowej ochrony środowiska morskiego. Wybrane aspekty prawa, doktryny i praktyki

2006 ◽  
Vol 4 (1) ◽  
pp. 327-340
Author(s):  
Leonard Łukaszuk
Keyword(s):  
Marine Environment ◽  
Environmental Law ◽  
Law Of The Sea ◽  
International Protection ◽  
Philosophical Background ◽  
Key Issues ◽  
United Nations Convention ◽  
Practical Experiences ◽  
Law And Science ◽  
Interdisciplinary Study

The author of this article presents the notion and meaning of international protection of the marine environment and offers a solid legal and philosophical background to this issue. He points at and systematically analyzes a kind of compendium of selected main legal and philosophical principles as environmental values, included in the United Nations Convention on the law of the sea (1982). The author discusses both environmental management at seas as a global system and topical issues in the light of international legal instruments, doctrine, and some practical experiences. He also shows the environmental law as an increasingly important area of new interdisciplinary study and addresses how this law and science may best able to address the key issues facing the marine environment in the 21st century.

Non-Partisan Advisors in the Minister’s Office—Ghosts in the Core Executive Machine?

2021 ◽  
Author(s):  
Rose Cole
Keyword(s):  
Public Service ◽  
Resource Dependency ◽  
Policy Coordination ◽  
Functional Approach ◽  
Change Over Time ◽  
The Core ◽  
The Past ◽  
Core Executive ◽  
Dependency Approach ◽  
Over Time

Abstract The ‘core executive’ is conceived of as the collection of organisations and procedures that coordinate executive government. Two approaches to core executive studies are: the resource dependency approach, which focusses on how roles interact and resources are utilised; and the functional approach, which focusses on how roles change over time. Both approaches are applied to non-partisan advisors (private secretaries) in ministerial office settings, actors which to date core executive studies have ignored. It reveals the resources that non-partisan advisors apply to contribute to policy coordination and maintain political neutrality; and that their role has changed since the increased presence of partisan advisors in ministers’ offices in the past 20 years. Six distinct roles describe how non-partisan advisors respond to and meet the needs of both minister and public service in the core executive. When compared with political advisory roles, five of the roles appear strongly aligned in function.

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