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"After Ukraine: How can we ensure stability in the Arctic?" presents the findings of two interview-based reports addressing the risk of conflict in the Arctic over a twenty-year perspective. We found that there are concerns that the Arctic may be torn apart as a result of geopolitical forces on several levels, and that the rules-based order in the Arctic has come under pressure after the Russian invasion of Ukraine and the A7's subsequent decision to pause the Arctic Council. This presents a number of risks to future security in the region and the Arctic states are having difficulties figuring out how to move on from here. We identified some of these risks and formulated a set of policy recommendations to mitigate them. [ABSTRACT FROM AUTHOR]

International Relations (IR) scholars generally focus on disputes on land when they study international affairs. However, disputes on the sea are also very common in IR, and the states try to establish global and regional hegemonies over the seas in their regions. In retrospect, in case of Turkey, maritime disputes have been important factors in Turkish foreign policy. The Turks will celebrate the centennial of the Republic in 2023, and maritime disputes have been an unchanging factor in Turkish foreign policy in this last 100 years, in relation to neighbors and great world powers. Therefore, one may stipulate that Turkey has been both an important sea power, and that maritime disputes have also shown a continuous recurrence in its foreign relations. Due to Turkey’s strategic location in between significant seaways like the Aegean Sea, Mediterranean, Black Sea and Turkish Straits, and between the continents of Europe, Asia and Africa, maritime disputes have always been on the agenda, as items of Turkish foreign policy. In this context, this paper analyses maritime disputes in Turkish foreign policy as a continuous element of Turkey’s relations with its neighbors and the rest of the world. [ABSTRACT FROM AUTHOR]

The states attempt to claim more areas in maritime zones to control the oceans and their resources effectively. This position has led many states into disputes and conflicts in the maritime zones, and such unsettled zones are known as 'gray zones'. The 'gray zones' of the East China Sea and South China Sea (together East and South China Seas) challenge the effective enforcement of the law because of the ambiguity in the law of the sea and its interpretation by international courts and tribunals. In the East and South China Seas, law enforcement in gray zones has raised many concerns about maritime security, illegal fishing, terrorism, and piracy. The conflict among the states neighboring the East and South China Seas hinders the effective enforcement of the law. Against this backdrop, this research paper suggests that insensitive forces such as the coastguard of states in dispute shall cooperate for effective law enforcement in gray zones. This paper argues that if enforcement actions are legitimate with lawful grounds and reasonable measures, such cooperation will not escalate disputes among states. In the East and South China Seas, the cooperation for effective law enforcement by coastguards will depend on the continuous overcoming of uncertainties in international law until the conflicting states reach a consensus on the competitive interpretation of law by the international courts and tribunals. [ABSTRACT FROM AUTHOR]

This note aims to provide a conference report concerning the first sub-forum, "Maritime Laws and Sustainable Development of Blue Economy," held during the second International Maritime Economy and Maritime Services Forum. The sub-forum was chaired by two renowned maritime law experts, Professor Zou Keyuan and Professor Yen-Chiang Chang, with nine speakers from different States presenting on four different topics. The first sub-forum effectively addressed the current needs of blue economy development and provided insightful analysis and perspectives on several cutting-edge issues. Based on this conference, it is hoped to better promote academic exchange and collaboration in the field of maritime law, thereby establishing a long-term and effective platform for international cooperation in addressing maritime law issues and fostering sustainable development. [ABSTRACT FROM AUTHOR]

The Southern Ocean is witnessing an increasing prevalence of bioprospecting. Within the context of the Antarctic Treaty System (ATS), bioprospecting issues have been discussed over years, while a consensus on the specialized regulation of related activities remains elusive. On June 20, 2023, the BBNJ Agreement was formally adopted, featuring specific provisions addressing marine genetic resources (MGRs). This paper explores the interplay between the BBNJ Agreement and the ATS to promote the management of bioprospecting in Southern Ocean. It begins by discussing the relationship between the ATS and the BBNJ Agreement under the theory of institutional interplay, then delves into the evolutionary of the Southern Ocean bioprospecting discussions under the ATS, and examines the regulatory stipulations pertaining to MGRs in the BBNJ Agreement. It concludes that although there is a competitive relationship between the two on bioprospecting issues, this does not preclude the possibility of beneficial interplays. The ATS can gain insights from the access and benefit-sharing mechanisms for MGRs and the information exchange regimes of the BBNJ Agreement, thereby expediting the establishment of a legal framework governing Southern Ocean bioprospecting within the ATS. [ABSTRACT FROM AUTHOR]

The war between Russia and Ukraine has brought the previously dormant military activity exception back into the spotlight. Yet, considering the sensitivity of military actions and the multifaceted functions performed by warships and coast guard vessels in practice, one may question whether a viable standard for distinguishing between law enforcement activity and military activity is possible at all. Therefore, instead of focusing on the intricacies of legal doctrines, it might be helpful to look at the issue from the perspective of the role of international judicial bodies in dealing with disputes with wide political ramifications. While it is always possible for courts and tribunals to identify legal issues arising from a broader political context, it must be recognized that piecemeal judicial solution is a poor substitute for political dispute settlement mechanisms. The harsh truth remains that, in a decentralized legal system dominated by the will of states, judicial restraint is perhaps the only way forward for international adjudication. [ABSTRACT FROM AUTHOR]

The first Sino-German workshop on "Deep-sea mining of massive sulfides: balancing impacts on biodiversity and ecosystem, technological challenges and law of the sea" took place from September 17 to September 23, 2023 in Changsha, Hunan Province, China. Four themes were covered by 20 impulse talks, (1) seabed resources and mineralization systems, marine geology and geochemistry, (2) microbiology and marine ecology, (3) deep-sea mining technology, mineral processing and extractive metallurgy, and (4) law of the sea and international law applicable to the marine environment in Areas Beyond National Jurisdiction, respectively. In round table discussions, the interdisciplinary understanding deepened regarding (i) the distribution of submarine massive sulfides (SMS), their formation mechanisms and the abundance of SMS resources, (ii) the biodiversity linked to SMS and hydrothermal vents and the environmental protection requirements, (iii) the challenges of mining technology and processing of SMS, as well as (iv) the legal framework, the regulatory challenges, the international environmental liability regime and due diligence obligations for commercial seabed mining. The participants covered all four themes and are affiliated with various universities, research institutions, and governmental geoscientific authorities from China (seven) and Germany (six). During the workshop, a number of recommendations to ISA were defined regarding environmental, methodological, technical, and legal issues. [ABSTRACT FROM AUTHOR]

The Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) is often framed as the 'high seas treaty'. However, the BBNJ also applies to the international seabed (the Area), an aspect that has not gained sufficient attention during and after the negotiations, and in the discourse of scholars and practitioners. While the BBNJ institutional framework and the International Seabed Authority (ISA) have different competences, they apply (or have competences in the case of the ISA) in the same zone. Despite this institutional overlap, the BBNJ does not really acknowledge or address the ISA or the regime of the Area set out in UNCLOS, the governing instrument of the BBNJ. Essentially, there is a legal separation between the high seas and the seabed and between living and non-living resources. In practice, these aspects are interconnected, which poses some challenges for the implementation of the BBNJ agreement. This paper provides account for the connectivity of these aspects and analyzes the possible challenges that may hinder compliance with the new treaty. Although the BBNJ has not entered into force yet, it is useful to at least acknowledge these issues to promote better cooperation and compliance to enhance marine environmental protection. [ABSTRACT FROM AUTHOR]

The South China Sea is widely recognised as one of the most complex regions in the world, owing to territorial sovereignty and maritime delimitation disputes among different coastal States, as well as the involvement of States outside the region. In order to effectively protecting the security of their sovereignty and maritime entitlements, regional States have enacted a series of restrictive regulations on vessel navigation at the domestic level. Some of these domestic laws fall directly within the scope authorised by the United Nations Convention on the Law of the Sea, IMO conventions, and other general international laws. However, there are also instances where certain practices lack support from existing international legal norms. Additionally, the extensive presence of disputed waters in the South China Sea introduces significant uncertainty regarding the effectiveness of national laws in this region. This paper aims to clarify the legal regimes related to navigation rights at both the aspects of international law and regional States' domestic law. The goal is to examine whether the navigation restrictions imposed by South China Sea regional States on vessels have binding force on Chinese vessels. Based on this analysis, recommendations are provided to help Chinese vessels exercise navigation rights more effectively in the South China Sea and to promote regional cooperation by safeguarding such rights. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

• Origins of Blue Economy subjected to historical geographical analysis. • Ocean economy seldom conceptualised in its entirety by social scientists. • Long history of crisis tendencies in the ocean economy identified. • Contradictions of capitalist expansion give rise to Blue Economy Paradigm. • UNCLOS framework unable to solve contradictions of capitalism at sea. Over the course of the past decade, the political economy of global ocean space has entered into a process of significant transformation. In this context, multilateral, corporate and financial attention dedicated to so-called 'blue growth' and 'blue economy' schemes has been extraordinary; consequentially spawning critical inquiries into the origins and motives behind these initiatives. Offering different analytical interpretations of contemporary blue economy politics, as well as their origins and effects, geographers have entered this debate with a strong focus on institutional discourses and policy agendas. Building on critical political economy of ocean space literatures, this paper emphasises instead the role of capital in appropriating and re-organising the seas according to its own needs. Our primary aim is to elucidate the territorial-economic tensions and geopolitical antagonisms that drive current trends by historicising the emergence of the Blue Economy Paradigm (BEP). The paper shows that a Procrustean political geography of ocean space increasingly poses a barrier to capitalist expansion. [ABSTRACT FROM AUTHOR]

Copyright of Relações Internacionais is the property of Relacoes Internacionais and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Blue cooperation is a kind of maritime cooperation with the goal of sustainable development, the tone of openness and inclusiveness, and the means of innovation and sharing, which has a solid foundation in international law. Its connotation has been enriched in the progress of international governance. China has consistently been a steadfast implementer and practitioner of blue cooperation, but is confronted with internal and external challenges amidst a once-in-a-century global transformation. China should draw lessons from existing experiences in international "blue" ocean governance, effectively utilize the cooperative tools provided by international law, focus on common interests among various parties, build a comprehensive, wide-ranging, and multi-level pattern of blue cooperation, deepen a global blue partnership based on equality, openness, and cooperation, and construct a new discourse system for blue cooperation under the concept of a community of shared future for humanity, which aims to achieve new developments in global ocean cooperation governance. [ABSTRACT FROM AUTHOR]

The sheer vastness of the world's oceans creates a range of security and law enforcement challenges for states and the international community, including in preventing and punishing human rights abuses at sea. While human rights apply at sea the same as they do on land, this article examines the limits of national, regional and international systems of human rights governance and international law in addressing violations of human rights at sea. It asks: what are the barriers in inter-state cooperation that prevent the prosecution and prevention of human rights abuses at sea? In answering this, the paper focuses specifically on issues of human trafficking at sea and forced labour on fishing vessels by analysing two judicial processes in Southeast Asia. It argues that responding to these human rights challenges at sea requires a collective and coordinated approach that centres the rights and safety of individuals at state, regional and international levels. [ABSTRACT FROM AUTHOR]

Abstract At the 11th Ministerial Conference of the WTO in Argentina, despite being steadfast in achieving an outcome on fisheries subsidies disciplines, member countries were unable to reach consensus on the matter. While members of the WTO have been advocating for sustainable management of fisheries resources and advocating the Sustainable Development Goal (SDG) 14.6, some developing countries were concerned about its impact on low income and poorly resourced fishers, who are surviving because of the subsidies under the discipline. This study provides possible implications of the fisheries subsidies as a trade policy tool for market access and its effectiveness in achieving the overall sustainable development goals. To examine the effectiveness of subsidies in fisheries negotiations, the study focuses on the global supply and demand side of the fisheries resources from the perspective of the fish resource holders and the fishing resource capacity. The analysis considers budgetary support in fisheries, the vessel capacity (tonnage), the fish development technologies and the total marine catch processing, to indicate the demand for extraction of the fish resources. The supply of the fish resources is determined by the regions with major fishing areas and the licenses issued for fishing. Using both the market demand and supply for fisheries resource extraction, the study examines the effectiveness of subsidies as a trade policy tool to attain the overall sustainable development goals. Based on the analysis, certain policy strategies follows, which are important for countries to consider before the elimination of fisheries subsidies at the WTO. [ABSTRACT FROM AUTHOR]

Abstract The article explores governance structures in shipping with a particular focus on the regulation of environmental protection in the Baltic Sea. Traditionally shipping is regulated in a centralized and hierarchical manner at global level, but in the past few decades a series of developments have taken place providing for a more multi-faceted picture of how environmental protection from shipping is governed in the Baltic Sea and beyond. This article focuses on assessing the existing rules on ship-source pollution from the perspectives of regulatory layers and nature of the rules. It concludes that the key features defining shipping, such as the global nature of the business and the tradition of global rules, continue to play a very dominant role in its regulation. However, a gradual differentiation of regulatory authority has occurred, not least following a more active role taken by the European Union in certain aspects of shipping regulation in the past few decades. The last part of this article focuses on broader governance issues, discussing other kinds of steering mechanisms than legislation and the role of non-governmental actors in the field. It is concluded that while shipping is still governed differently than most other sectors of marine environmental protection, a number of developments, notably in the field of ships' air emissions, have contributed to a more varied governance system in the past years. Highlights • Shipping has a tradition of centralized, hierarchical and global regulation. • This picture is gradually in the Baltic Sea Region and generally. • A more multi-faceted governance system for environmental protection is emerging. • The EU has played an important role in diversifying regulation of shipping. • The role of non-governmental actors has increased, through bottom-up initiatives. [ABSTRACT FROM AUTHOR]

Abstract Establishment of an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (BBNJ agreement) promises to be one of the most significant developments in UNCLOS for over 20 years. The Caribbean Community (CARICOM) has been actively engaged in the negotiations to craft this agreement. As these negotiations enter the critical stage of an Intergovernmental Conference, this paper examines what CARICOM should be seeking out of a BBNJ Agreement. It does this cognizant of the ongoing discussions taking place between other countries, stakeholders and negotiating groups. Within this context it offers clarity on positions CARICOM could adopt to achieve the objectives proposed. [ABSTRACT FROM AUTHOR]

Abstract Area-based management tools (ABMTs), including marine protected areas (MPAs) are widely recognized as a key mechanism for conserving and restoring biodiversity. The developing international legally-binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ) is considering a range of approaches to ABMTs. While the process is still in early stages, this paper looks ahead to anticipate implementation challenges for ABMTs, given previous experiences with regional fisheries management organizations (RFMOs) and high seas MPAs. Drawing on the implementation of MPAs under the OSPAR Convention and the Convention on the Conservation of Antarctic Living Marine Resources (CCAMLR), key suggestions revolve around: (1) improving the evidence basis for protecting BBNJ, (2) designing effective compliance and enforcement mechanisms, and (3) engaging adequately with relevant stakeholders. In addition to the case studies, which are primarily marine pollution and fishing-oriented, considerations related to mitigating the effects of deep sea mining and the harvesting of marine genetic resources are also touched upon. Highlights • Future closures should include both the water column and seabed, as well as no-take areas. • Clearer pathways for science advice in the process, including social science, are needed. • Management plans should be included from the start, including monitoring and enforcement. • Equitable and transparent stakeholder engagement and participation should be a priority. [ABSTRACT FROM AUTHOR]

Abstract Underwater Cultural Heritage (hereinafter UCH) constitutes an invaluable resource that has been poorly – if at all – addressed in most spatial planning attempts, due to the sectorial approach that has prevailed so far when planning in the sea. Lately however, that spatial planning in the marine space (MSP) is being re-launched under a place-based approach, the chances and challenges for UCH are considerably different. According to the existing international legislation (UNCLOS), coastal states can only interfere with UCH up to their Contiguous Zone (24 nm from the baseline), whilst beyond that limit UCH is left "abandoned" (unless "flag" or "cultural origin" states claim their protection). Of course, this "freezing" of jurisdictions beyond the CZ, means that for the greatest part of the oceans and seas, UCH protection totally depends on the wise regulation of all other human activities that affect directly or indirectly, cultural heritage. The paper argues that MSP under a place-based approach is a unique opportunity for better protection and wiser management of UCH in greater distances than ever, provided that coastal states proclaim their EEZ (in order to extend as much as possible the area within which they can practice MSP and therefore, tackle conflicts and encourage synergies with UCH). The paper proposes a five-step strategy for considering UCH in MSP. Step 1: Register and evaluate UCH sites and objects, Step 2: Identify ways to upgrade the economic value of UCH, Step 3: Select the most appropriate type of protection zoning, Step 4: Provide regulations and restrictions for activities within the UCH protection zone, Step 5: Ensure integration and cohesion of the planning adopted in the UCH buffer zones with the spatial/sea-use planning adopted in the wider marine area. The paper concludes by highlighting that beyond any strategy, the greater challenge and stake is how to compromise blue growth trend with UCH preservation and promotion. Highlights • According to UNCLOS, jurisdiction on UCH "freeze" beyond the Contiguous Zone; i.e. for the most part of oceans and seas. • UCH management and protection greatly depends on MSP, to regulate human activities directly or indirectly affecting UCH. • MSP under a place-based approach is a unique opportunity for wiser management and protection of UCH in greater distances than ever. • In the future, the greatest challenge for UCH will be how to compromise blue growth with UCH preservation and promotion. • Considering UCH in MSP necessitates: registration and evaluation; upgrade of economic value; selection of protection zone; implementation of planning; integration into the wider marine region. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Zhejiang University. Humanities & Social Sciences / Zhejiang Daxue Xuebao is the property of Zhejiang University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The ‘ 21st Century Maritime Silk Road Initiative ’ indicates China's intention to create a peaceful and harmonious environment, for cooperating with other States. Naval craft, together with their inherent advantages and special legal status under international law, can have their tradition adapted by the government, for diplomatic purposes. Naval diplomacy, which is generally conducted by appropriate naval craft, could be employed to promote, the ‘Maritime Silk Road Initiative’. This paper focuses on a definition of naval diplomacy and draws attention to China's naval diplomatic practice. The discussion also extends to consider the challenges under current international status, including uncertain maritime zone delimitation and divarication of explanation regarding UNCLOS. This paper concludes by suggesting that it is necessary to formulate detailed rules of law for naval operations in peacetime, strengthen the utility of UNCLOS in regular training and enhance political mutual trust, for meaningful security cooperation. [ABSTRACT FROM AUTHOR]

After five years of negotiations, the 'Biodiversity Beyond National Jurisdiction' (BBNJ) treaty was adopted on June 19th 2023. This adoption meeting was of a celebratory kind and included the final version of the draft treaty in all six languages – ready to be adopted, signed, ratified and enter into force – sooner rather than later. This short communication examines the narratives during this final meeting and assesses the language around the path forward. Key themes brought up in delegations' final statements were relationships with other instruments, credible paths towards financing the instrument and the role of the Conference of Parties - whose list of tasks for the first meeting is substantial. We also comment on the disassociation of the Russian Federation to the Treaty and its potential effect on its credible successful implementation. [ABSTRACT FROM AUTHOR]

After a period of protracted negotiations, the agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement) was finally adopted. The Caribbean Community (CARICOM), whose membership is made up entirely of small island developing States (SIDS), emerged as an active regional group participating in the negotiating process. In this paper the group's interests and aspirations in the negotiations are examined and weighed against the final outcomes of the Agreement. These insights feed into recommendations for CARICOM member States moving forward as it relates to signing, ratifying and implementing the BBNJ Agreement. • The BBNJ Agreement has been adopted and is open for signature and ratification. • The Caribbean Community (CARICOM) was an active regional bloc in the negotiations. • Outcomes of the Agreement in light of their interests and aspirations are explored. • Recommendations on next steps for CARICOM member States are offered. [ABSTRACT FROM AUTHOR]

William Framhein & another v Attorney General [of the Cook Islands] was heard by the Judicial Committee of the Privy Council on 17 November 2021, with the judgment released on 28 February 2022. The case concerned a judicial review of three decisions made by the Cook Islands Government in relation to the establishment of its purse seine fishery in 2013, which is subject to international management arrangements made by the Western and Central Pacific Fisheries Commission. The three decisions at issue were the making of the Skipjack Tuna Purse Seine Fishery Plan 2013, the promulgation of the Marine Resources (Purse Seine Fishery) Regulations 2013, and the adoption and signature of the Sustainable Fisheries Partnership Agreement and Implementation Protocol with the European Union. The case was brought by a private citizen and traditional leader, Mr William Framheim, together with a local environmental NGO, Te Ipukarea Society. The Applicants brought the case to the High Court of the Cook Islands in 2017 and, following the Court's dismissal of their claim, appealed to the Court of Appeal in 2018. Both parties appealed elements of the Court of Appeal's decision to the Privy Council, which is the Cook Islands' highest appeal court. Ultimately, the government prevailed on its cross-appeal to the Privy Council, and the Applicants' appeal was dismissed. The case centers on the interaction between customary international law, the international fisheries legal regime, and domestic law (including indigenous customary law). The findings are significant not just for the Cook Islands, but for all Commonwealth countries engaged in fishing that rely on the Privy Council as a final court of appeal. [ABSTRACT FROM AUTHOR]

Adequately responding to the crisis of marine plastic pollution will require parallel actions, by a variety of actors, on multiple fronts. The ocean governance regime, which has generally failed at shaping state behavior around land-based pollution, offers important legal and conceptual resources that can and should be utilized in these efforts. This article reviews three areas where the United Nations Convention on the Law of the Sea (UNCLOS) could be activated or applied to the problem of marine plastic pollution: the common heritage of mankind principle, the dispute settlement system, and reform through implementing agreements. Utilizing these elements of the ocean governance regime would be complementary to on-going efforts to negotiate a new plastics treaty. Working through UNCLOS offers several advantages, including important in-roads for non-state actors, norm-strengthening through an already well-subscribed regime, and expanding the avenues and obligations for scientific data collection on the patterns and impacts of marine plastics. [ABSTRACT FROM AUTHOR]

The negotiations for a new legal instrument for Biodiversity Beyond National Jurisdiction (BBNJ) concluded in March 2023 with a successful, and somewhat surprising, finalization of a treaty. The BBNJ treaty is a remarkable achievement. But these outcomes – the circumstances of finalization and the content of the final agreement – are complicated to explain. They are the result of the complex interactions between different avenues of influence and constraint, a broad and multifaceted set of interested parties, and the shifting modalities and pressures that characterized the negotiations. This paper is the sixth in a series of analyses that help explain the outcomes of the BBNJ process by tracing the patterns and trends that shaped negotiations at each inter-governmental conference (IGC). We use a combination of process tracing, narrative coding, and ethnographic methods in order to construct a thick description of the negotiations that sheds light on the drivers and shapers of the process. In this analysis, we focus on the role of diplomatic practices in a pressurized environment, and the assignment of particular functions and decisions to as-yet-unconstituted BBNJ bodies, such as the Conference of Parties. The paper concludes by considering the future implementation of the BBNJ agreement, and associated research agendas. • The BBNJ negotiations were completed in March 2023, but this outcome was uncertain until the very end. • Compromises were made for finalization of the treaty, including use of ambiguous language, and deferring decisions to COP. • The treaty text was finalized, but implementation is complicated, and effective implementation is not guaranteed. [ABSTRACT FROM AUTHOR]

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) requires coastal states of semi-enclosed seas, like the South China Sea (SCS), to coordinate in the management and conservation of marine environments and living resources, specifically highly migratory trans-national stocks. One of the world's top five fishing grounds, sovereignty disputes continue to bedevil joint fisheries management in the SCS. To develop new norms and standards for regional cooperation, and to support parallel domestic fisheries policymaking, scientists from China, Indonesia, Malaysia, the Philippines and Vietnam overcame political constraints and data limitations, to develop a Common Fisheries Resource Analysis (CFRA) of skipjack tuna (SKJ). A valuable highly migratory species SKJ is fished extensively by SCS states, but regionally, was previously, unassessed. Applying Length-Based Spawning Potential Ratio assessment to evaluate catch size compositions within a Weight of Evidence framework, we conclude fishing targeted at adult stocks would probably be sustainable, but for the continuing intensification of fishing for juveniles. Fishing pressure is apparently eroding SCS food webs and serially depleting local stocks. We conclude, domestic policies need to be developed to halt the continuing expansion of fishing fleets, and reduce fishing pressure, particularly on juvenile fish. The challenge of policy development and implementation requires the support of international frameworks, like Regional Fisheries Management Organisations (RFMOs), to regularise cooperation between government and non-government scientists of coastal states The existing Western Central Pacific Fisheries Commission (WCPFC) could provide that framework, unfortunately, intensifying geopolitical competition makes that extremely unlikely. [ABSTRACT FROM AUTHOR]

This is an editorial note for the special issue: UNCLOS and Its Contributions to the Development of International Law. This special issue contains 11 papers focusing on both UNCLOS and more general developments of the international law of the sea. The papers can be roughly categorized into four topics: the development of UNCLOS by stakeholder contributions, the application of UNCLOS and its relations with general international law; marine environmental protection and sustainable development of marine resources; and emerging legal issues confronting the human community. [ABSTRACT FROM AUTHOR]

The Law of the Sea (UNCLOS) divides the world ocean into different maritime zones. This division has led to situations where similar marine resources may be subject to different legal frameworks and requirements, even if they are, in ecological and geographical terms, part of the same Large Marine Ecosystem (LME). At least according to the environmental management literature, the mismatch between jurisdictional (maritime) zones and ecosystem boundaries is inherently harmful to marine ecosystems. This paper tries to validate this narrative by applying the Ocean Health Index (OHI) in relation to LMEs according to their 'jurisdictional situation.' Each of the five jurisdictional situations identified has different standings vis-à-vis UNCLOS. Thus, associating this concept with the OHI framework serves as the foundation to analyse whether or not the (mis)match of jurisdictional zones and LME boundaries has any measurable effects on an ecosystem's health. This paper settles on two conclusions: one idealistic and one realistic. Idealistically, empirical evidence suggests that the concept of jurisdictional zones is incoherent from an ecological perspective, since they represent a risk factor for ecosystem-based management. This is concluded because ecosystems in jurisdictional situations with fewer jurisdictional zone intersections tend to receive better ocean health scores on average compared to their counterparts in other situations. However, realistically speaking, the same evidence is simultaneously inconclusive in validating the literature's narrative. This is concluded considering that no direct correlation between the factors 'fewer jurisdictional borders' and 'healthier marine ecosystems' was attested; most likely, due to a vast number of cofounding biophysical, social-economic, and institutional considerations. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Law of the Sea (UNCLOS) was completed in 1982, after nearly 10 years of negotiation. It was an important accomplishment for standardizing international maritime law, which had been in chaos as the older regime of the ‘freedom of the seas’ failed to keep pace with changing technology and time. But even as UNCLOS heralded a new era of maritime law, it too was out of date almost upon completion. Hijackings, terrorism, piracy and technological innovation all exposed cracks in the omnibus treaty, and the international maritime world has been struggling to keep up ever since. New treaties and new policies attempted to mend these gaps, but just as UNCLOS failed to solve all the problems of the weakening ‘freedom of the seas’ doctrine, so too have these measures foundered in their effort to keep pace with a changing world. [ABSTRACT FROM AUTHOR]

This article reviews the potential for United States accession to the United Nations Convention on the Law of the Sea (UNCLOS) under the current U.S. leadership, the administration of President Donald J. Trump and the Republican-controlled Congress. The strategic significance of U.S. ratification of UNCLOS is demonstrated by U.S. claims and rights in areas subject to geopolitical contestation such as the Arctic and South China Sea. More broadly, the United States has a compelling interest in preserving the international order and protecting the global commons, as embodied in the terms of the treaty. Despite clear evidence that ratification is in the U.S. national interest, UNCLOS faces the obstacle of continued Senate inaction and the challenge of a domestic political atmosphere suspicious of international law and institutions. President Trump, as a Republican leader and populist dealmaker, may be well-positioned to overcome domestic political opposition and achieve a vital U.S. foreign policy objective that has eluded his White House predecessors. [ABSTRACT FROM AUTHOR]

This article reviews the potential for United States accession to the United Nations Convention on the Law of the Sea (UNCLOS) under the current U.S. leadership, the administration of President Donald J. Trump and the Republican-controlled Congress. The strategic significance of U.S. ratification of UNCLOS is demonstrated by U.S. claims and rights in areas subject to geopolitical contestation such as the Arctic and South China Sea. More broadly, the United States has a compelling interest in preserving the international order and protecting the global commons, as embodied in the terms of the treaty. Despite clear evidence that ratification is in the U.S. national interest, UNCLOS faces the obstacle of continued Senate inaction and the challenge of a domestic political atmosphere suspicious of international law and institutions. President Trump, as a Republican leader and populist dealmaker, may be well-positioned to overcome domestic political opposition and achieve a vital U.S. foreign policy objective that has eluded his White House predecessors. [ABSTRACT FROM AUTHOR]

The UN Convention on the Law of the Sea (UNCLOS), explicitly or implicitly, leaves significant room for the interpretation and application of customary rules on certain matters under the international law of the sea. This paper explores the recent developments of international practice dealing with the relationship between UNCLOS and customary law. It attempts to evaluate the jurisprudence reflected by international cases and state practice concerning the relationship between conventional law and customary law in general and suggests that certain subject-matters in the law of the sea concerning maritime rights, including historic-related rights are principally governed by general international law including customary law. [ABSTRACT FROM AUTHOR]

Unilateral actions taken by States have contributed to the formation and continuing development of the law of the sea, including UNCLOS. This paper examines some examples to show that unilateral actions have played a crucial role in the establishment of rules, as well their interpretation and implementation. However, these actions have also been a subject of controversy due to their unilateral nature. The debate surrounding their justification has continued until today and is particularly significant in the present international circumstances. On the one hand, technological and economic developments have been the main driving forces for States to act unilaterally, and the law of the sea has undergone significant conceptual changes. Moreover, existing regimes may have loopholes that could justify some unilateral actions. On the other hand, unilateral actions may undermine the existing regimes, lead to conflicts, and incur costs for the acting States. Thus, States need to take a careful position when acting unilaterally. • Unilateral actions have played an important role in the formation and development of the law of the sea. • Under the current circumstances, discussion on unilateral actions has great value. • The international community should develop a "community interest" test for evaluating States' unilateral actions. [ABSTRACT FROM AUTHOR]

It is now four decades since the conclusion of the Law of the Sea Convention, which came into force in 1994, and an appropriate point to review the human dimension of the development of global fisheries during this period, with special reference to the widespread exploitation especially of migrant fishers. The scale of global fisheries activity is reviewed with reference to statistics on the catch of wild fisheries, followed by a focus on the small-scale fisheries characteristic of the developing world on the one hand, and the industrial distant water fisheries operated largely by regions within the developed world on the other. The plight of the fishers is then considered in terms of both their living and working conditions and the management system which applies to their circumstances. The legal basis provided by the Law of the Sea Convention and related legal enactments are noted, including the several agreements concluded under the aegis of United Nations agencies. Finally, the world of enforcement in the context of emerging polycentric management is discussed, underlining the long-term nature of the extreme difficulties which must be faced to mitigate the plight of the fishers. [ABSTRACT FROM AUTHOR]

Since its opening for signature in 1982, the United Nations Convention on the Law of the Sea (UNCLOS) has provided fundamental international norms for global ocean governance. The preamble of UNCLOS clearly stipulates, 'that matters not regulated by this Convention continue to be governed by the rules and principles of general international law'. On November 19th, 2022, in Dalian, China, the international seminar on the relationship between the general principles of international law and UNCLOS was co-hosted by the Institute of Yellow Sea and Bohai Sea Studies and the School of Law, Dalian Maritime University, China, both online and in-person. The speakers at this conference provided, from different perspectives, how best to clarify the relationship between general international law and UNCLOS and how general international law can be used in settlement of international disputes as regards frontier issues of the law of the sea. [ABSTRACT FROM AUTHOR]

The Biodiversity Beyond National Jurisdiction (BBNJ) negotiations are approaching the final phase, with significant urgency to conclude an agreement. But the current draft text lacks provisions for liability and compensation. This short communication investigates that absence, and its impact on consistency with UNCLOS and implementation effectiveness. It also considers existing models for liability and compensation, and questions why the Group of 77+China coalition has backed off its insistence on such provisions. In other words, the paper answers the "what," "why," and "how" for the inclusion of liability and compensation in the BBNJ agreement. [ABSTRACT FROM AUTHOR]

Snow crab ( Chionoecetes opilio ), a sedentary non-native species is colonizing the Barents Sea continental shelf and may reach a yearly landed value of NOK 7.5 billion. However, Norway has not yet established a management regime as the new stock poses several challenges, of which three are treated here. The first challenge is that non-native species threaten global biodiversity and are regulated by international law. The second challenge is that the stock spreads across a continental shelf shared between Norway and Russia, harvested outside economic zones and has the status as sedentary. The third challenge is that a large part of the future fishery is expected to take place around Svalbard, an area of highly disputed resource rights. For now no hazardous ecosystem effects have been detected and as the species is not considered to be introduced by people, the coastal states are not obliged to control it by UNCLOS or CBD. There is an agreement between the coastal states on the Loophole snow crab fishery, but as Norway has not yet established a management regime, it seems as the country is reluctant to consolidate the sovereignty the country claims to the continental shelf surrounding Svalbard. [ABSTRACT FROM AUTHOR]

This paper analyses to what extent the Mining Code lives up to the environmental standards as originally meant to be applicable to the deep seabed. The focus will be on the ethical background of the common heritage and its reflection in the current application of the principle on deep seabed mining. The evolving legal status of the common heritage of humankind as part of the ‘Constitution of the Ocean’ plays a significant role in keeping the Mining Code in check. In this regard, the legal meaning of common heritage in 1967 might very well differ from that almost half a century later. Probably, the environmental component was a secondary priority when the common heritage was proposed as a principle. Of major importance is if the Mining Code suffices to protect and preserve the resources of the deep seabed from a perspective of intra- and intergenerational justice. This article is one attempt to trace the environmental roots of the common heritage concept. [ABSTRACT FROM AUTHOR]

The various countries that comprise the Pacific Islands region share some common characteristics. These include a keen interest to generate new national industry and revenue, large expanses of seabed within national jurisdiction containing mineral deposits of potential commercial interest, and governance challenges arising from limited human and technical capacities. In recent years several Pacific Island Governments have taken positive steps to introduce new policies and laws to enable and regulate exploratory seabed mineral activities by third parties within national jurisdiction. These laws aim to protect the nations' best interests, by seeking sustainable national benefit, and avoiding adverse social, environmental or economic impacts. Current regional initiatives have led to a degree of harmonisation and consistency between countries in their seabed mineral governance frameworks. This paper envisages how these national measures could be more widely replicated and extended at a regional level, for example by the means of a regional treaty and a regional seabed mineral regulator. The author proposes that greater regional coordination and information-sharing is likely to lead to higher regulatory standards, more efficiently and effectively enforced. [ABSTRACT FROM AUTHOR]

The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources. [ABSTRACT FROM AUTHOR]

This paper evaluates the international agreements in place for the protection of the environment and the regulation of human activities taking place in world's oceans and seas. 500 multilateral agreements were reviewed against a framework of reference, grounded on the theoretical approaches of Adaptive Management and Transition Management. According to this framework, oceans complex systems management should: (1) consider the global oceans as a Social-Ecological System (SES); (2) aim to achieve or maintain their ecological resilience; and (3) implement iterative, learning-based management strategies, supported by science-based advice to policy and management. The results show that the present international legal framework for the global oceans does not require countries to adopt an adaptive, complex systems approach for global oceans ecological resilience. Instead, this study supports the perspective of a double fragmentation among international agreements. First, global agreements focus on issue-based objectives for determined human activities, ecological components or anthropogenic pressures. Second, regional agreements have a wider scope, but also a varying level of inclusion of ecological resilience considerations. There is the need to foster the inclusion of such an approach into existing and future international agreements and their implementation, including through soft-law, project-based initiatives at global and regional scales. [ABSTRACT FROM AUTHOR]

Timo Koivurova and his colleagues are confident that the Arctic States will settle their continental shelf claims in an orderly fashion. Having said this, potentially adverse political dynamics may yet undermine the states' adherence to the legal processes currently in place. [ABSTRACT FROM AUTHOR]

Abstract This commentary describes an opportunity for clarification of the United Nations Convention on the Law of the Sea (UNCLOS) 'regime of islands.' It describes the growing need to authoritatively distinguish between islands, rocks, and artificial islands for the purpose of stabilizing claims to maritime territory. Sea level rise and island building activities in the South China Sea and elsewhere are increasing the pace at which new islands appear and existing islands disappear. This commentary proposes a two-part interpretation of UNCLOS, which (1) freezes the status of islands and rocks, and (2) asserts a practical distinction between 'islands' and 'artificial islands.' The United States is identified as a possible actor to forward this interpretation, and the benefits for that country and the international community as a whole are reviewed. Highlights • The category of 'artificial islands' is overlooked in applying the law of the sea. • The United States could usefully clarify the 'regime of islands'. • Clarification about islands has clear benefits for the international community. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Law of the Sea (UNCLOS) contains relatively little about human rights at sea. This has been highlighted by a recent report in the UK, and civil society has taken an initiative on the issue. This article first analyses how the various human rights bodies have handled complaints arising in the maritime sphere. It then considers the extent to which UNCLOS and other international agreements have protected human rights. [ABSTRACT FROM AUTHOR]

The process for formulating a new treaty for 'Biodiversity Beyond National Jurisdiction' (BBNJ) has been long. Since informal discussions began in 2004, the international community has devoted nearly 20 years to setting the agenda, circumscribing the issue areas, and negotiating the terms of a legally binding BBNJ instrument. The fourth and fifth inter-governmental conferences (IGCs), which both occurred in 2022 after a two-year hiatus due to COVID-19, were supposed to be the last. But despite major movement, altered modalities, and three versions of the draft treaty texts circulated during IGC-5, another round of negotiations ended without consensus on a new agreement. This paper explores the relationships between the pace and content of the emerging treaty, on the one hand, and the dynamics of process, interests, power, and ideology, on the other. After an overview of the negotiation format and apparent progress, subsequent sections consider in turn the issue areas of marine genetic resources (MGRs), area-based management tools, including marine protected areas (ABMTs/MPAs), environmental impact assessments (EIAs), and capacity building and transfer of marine technology (CBTMT). Institutional arrangements and cross cutting issues are also highlighted as key areas where obstacles remain, but where there is simmering hope. [ABSTRACT FROM AUTHOR]

Regional Fisheries Management Organisations (RFMOs) are struggling to take appropriate actions for climate change adaptation and mitigation. Recent reports of the Intergovernmental Panel on Climate Change highlighted the impacts of climate change on marine ecosystems and fisheries, and at the same time, the Indian Ocean Tuna Commission (IOTC) recently adopted a legally binding Resolution on climate change. This article briefly analyses the main provisions of the Resolution. It also highlights the importance of this Resolution as an example of the interaction between ocean and climate change legal regimes. This article argues that the Resolution is an initiative in the right direction. The IOTC needs to take proactive steps to implement the Resolution considering the challenges the RFMOs face in climate action generally. [ABSTRACT FROM AUTHOR]

After 40 years of implementation, the UNCLOS regime faces new challenges particularly in regard to transboundary fisheries management. As designed, UNCLOS created legal responsibilities for States to formally cooperate through regional fisheries management organizations (RFMOs), regional fisheries management arrangements (RFMAs) or other formal relationships to conserve and manage transboundary fisheries. The UN Fish Stocks Agreement was later concluded to provide for better coordination among member States for transboundary fisheries management. UNCLOS and Fish Stocks Agreement do not provide actionable guidance about how to manage transboundary fisheries stocks migrating in response to climate change beyond seeking cooperation and coordination. RFMOs should be filling this gap with equitable management measures. As oceanic conditions continue to change under climate change, however, there is a clear need for cooperation across international regimes to address the physical, economic, and cultural losses of States that are de minimis contributors to climate change, including Pacific Ocean and Caribbean island states. Noting the slow response of RFMOs to addressing loss and damage associated with shifting fisheries, this paper examines the possibility of triggering the UNFCCC Warsaw Implementation Mechanism (WIM) to link the interests of UNCLOS parties for sustainable use of fisheries resources with the interests of UNFCCC parties to accelerate climate change adaptation by remedying losses and damages associated with climate impacts. This paper calls for the WIM to assist in facilitating transboundary agreements between States and between RFMOs and States for loss and damage associated with shifting fisheries. [ABSTRACT FROM AUTHOR]

After a two year delay caused by the COVID-19 pandemic, the fourth intergovernmental conference (IGC-4) in the negotiations for a new UN treaty to address the conservation and sustainable management of biodiversity beyond national jurisdiction (BBNJ) took place in March 2022. This meeting differed substantially from previous IGCs in terms of process, with much of the discussions occurring in 'informal informals,' or off-the-record meetings open only to delegates and registered observers. Additionally, in-person participation was extremely limited and observers only had access to web broadcasts, i.e., no in-person interactions with delegates. A draft text of the treaty was circulated in advance and provided the basis for discussion and negotiation at the meeting. This paper examines IGC-4 in line with previous analyses of the first three IGCs, tracing the process and outcomes to date, aiming to understand the factors and players that are building a new BBNJ agreement. Key themes explored include marine genetic resources (MGRs), area-based management tools, including marine protected areas (ABMTs/MPAs), environmental impact assessment (EIA), and capacity building and transfer of marine technology (CB/TMT). Some progress toward consensus has been made, buoyed by intersessional discussions, but several sticking points remain with regard to definitions, content, and processes enshrined in the draft treaty, and a fifth IGC is scheduled to take place from 15 to 26 August 2022. [ABSTRACT FROM AUTHOR]