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An unintended consequence of the sanctions on the Russian Federation, Iran, and Venezuela is the creation of a ‘dark fleet’ of oil tankers that do not comply with the International Maritime Organization (IMO) regulations on the safety of navigation and protection of the marine environment. These tankers are environmental disasters waiting to happen and present a serious threat to the marine environment of coastal States. In this article, we examine these issues and explore the options that coastal States can take under the 1982 United Nations Convention on the Law of the Sea (LOSC) to protect their marine and coastal environment from the tankers in the dark fleet. [ABSTRACT FROM AUTHOR]

This commentary examines a proposal, currently supported primarily by the European Union, to establish an Intergovernmental Panel on Ocean Sustainability (IPOS). It contextualises this proposal by explaining the broader perception of a set of problems with international ocean governance. While emphasising that the IPOS is a good idea, the commentary highlights that its lack of attention to reform of the legal and institutional architecture through which ocean governance is delivered is a potential problem. One way to address this would be to complement IPOS’ orientation towards unifying scientific knowledge by empowering an attached governance body to coordinate how the scientific advice tendered by the IPOS is implemented, or to design an alternative body. [ABSTRACT FROM AUTHOR]

Recent main global scientific assessments underscore the alarming deteriorating state of the marine environment. Following an overview of pressures and threats, which are widespread and severe or serious, and relevant policy outcomes, this article evaluates the effectiveness of the international legal regime in addressing these pressures and threats, highlighting implementation, compliance, and enforcement challenges. Some recent developments to address crimes against the environment will be highlighted, in particular initiatives to develop and define a crime of ecocide at international and national levels. Based on the existing definitions of ecocide, the article analyses whether ecocide could be applied in a marine context, with particular attention given to thresholds and the nature of the act. It then considers the potential application in a marine context of some of the components of the definitions of ecocide, with bottom trawling selected for a deeper analysis. [ABSTRACT FROM AUTHOR]

On 21 May 2024, the International Tribunal on the Law of the Sea (ITLOS) delivered a ground-breaking and authoritative advisory opinion on States' obligations under Part XII of the 1982 United Nations Convention on the Law of the Sea (LOSC). After confirming its jurisdiction over the request, ITLOS ruled that greenhouse gas emissions cause 'deleterious effects on the marine environment' and therefore constitute pollution under the LOSC. ITLOS explained the relationship between obligations under the LOSC and climate law and clarified the due diligence nature of the LOSC obligations to prevent marine pollution and to protect the marine environment. [ABSTRACT FROM AUTHOR]

In a previous publication in IJMCL , the author discussed a case of interference by environmental activists with the operations of a deep sea mining contractor in May 2021. While concluding that the actions could be considered unlawful, one of the most important findings was that adequate enforcement and effective remedies are mostly lacking. In November 2023, protest actions by Greenpeace from a Dutch-flagged vessel against deep sea mining activities resulted in media attention and a response by the International Seabed Authority (ISA), and led to a decision by an Amsterdam district court. This article examines the legal issues arising from both the ISA response and the Dutch court decision. [ABSTRACT FROM AUTHOR]

For a long time, the full impacts of armed conflicts on the marine environment have been ill-defined and largely neglected. World War I and II-era remnants of war at sea pose increasing threats to human and marine life, particularly over the coming decade, as they contaminate, pollute, or detonate toxic and hazardous substances into coastal and benthic ecosystems. The International Law Commission's Principles for Protection of the Environment in Relation to Armed Conflicts aim to enhance protections for the marine environment before, during, and after conflict. In practice, this means navigating an uncoalesced legal regime and relying on established principles of international environmental law – particularly the duty to cooperate and share information. However, considerable knowledge gaps need to be addressed to remedy the vast legacy of war in the ocean, as the majority of remnants of war at sea remain under-assessed, in part, due to financial and technical constraints. [ABSTRACT FROM AUTHOR]

Together with its mineral resources, 'the Area' – comprising the seabed and subsoil beyond the boundaries of national jurisdiction – is designated as the 'common heritage of mankind'. One of the predominant motivations behind the principle of the common heritage of mankind was to ensure fair sharing of the benefits derived from the Area by preventing a first-come first-serve race to the bottom of the ocean, which would mainly entitle developed nations – possessing the necessary expertise, technology and financial means to engage in deep sea mining – to the mineral resources of the deep seabed and would exclude most developing States from these economic opportunities. This important objective ought to be effected through a number of measures, but most of these measures have not yet been implemented by the International Seabed Authority or seem to be undermined by current developments. [ABSTRACT FROM AUTHOR]

This article addresses the international law of ocean nuclear power plants (ONPPs) with a particular focus on the Arctic. Encompassing norms under the law of the sea, maritime law, environmental law, nuclear energy law and humanitarian law, the article discusses how existing fundamental legal regulations apply to ONPPs in the Arctic. Additionally, the legal role of some relevant institutions, such as the International Atomic Energy Agency, the International Maritime Organization, and the Arctic Council, is considered. While the military nuclearisation of the Arctic has been the subject of much scholarly concern, the civil nuclearisation has not – at least not from an international law perspective. International law provides States with a considerable degree of freedom when it comes to the development and deployment of ONPPs, but there are several challenges and legal gaps, not least regarding special legal regulations for the Arctic. [ABSTRACT FROM AUTHOR]

Matters concerning maritime pilotage have only been dealt with in a few individual points in international maritime law, as pilotage services generally are regulated in the respective territorial waters in accordance with national law. However, especially in view of the possible further expansion of use of deep-sea pilots, it seems worthwhile taking a closer look at the obligations and powers under international law to provide pilotage services. This applies in particular to the establishment of compulsory pilotage and its limitation by the freedom of navigation rights under international law in the various maritime zones. Considerable legal ambiguities become apparent in this context. Hence there are arguments in favour of explicitly regulating maritime pilotage by including it in the provisions on maritime services in Chapter V of the Annex to the International Convention for the Safety of Life at Sea. [ABSTRACT FROM AUTHOR]

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. The most significant developments during 2023 were the judgments on the merits of a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in the Dispute concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives) case and of the International Court of Justice (ICJ) in the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia) case; the commencement of two new cases before the ITLOS and the ICJ concerning the seizure and detention of vessels and climate change obligations, respectively; and the findings and recommendations of a panel established by the South Pacific Regional Fisheries Management Organisation to consider the validity of one of its fisheries conservation and management measures. [ABSTRACT FROM AUTHOR]

On 27 July 2024, the International Tribunal for the Law of the Sea declined Luxembourg’s request for provisional measures in the ‘Zheng He’ case. Following two orders of the International Court of Justice, this marked the third consecutive decision in which provisional measures were denied. The question asked in this Note is whether this signals the end of a low threshold for granting provisional measures. Two points of view are possible: either the undertakings given by the respondents are being taken more seriously, or international courts have grown at least somewhat frustrated with the frequent requests for provisional measures. [ABSTRACT FROM AUTHOR]

This article critically examines the current benefit-sharing regime on the international seabed (the Area) and the proposed modalities for benefit-sharing. The United Nations Convention on the Law of the Sea contains few and vague rules on this issue. The only obligation is that benefit-sharing should be ‘equitable’ and the interests of developing States must be considered. To determine what may constitute equitable sharing the practice of other law of the sea legal regimes are examined and proposed distribution mechanisms are critically analysed. The article offers a unique perspective by trying to identify the scope of the vague equitable criterion for sharing or distributing benefits, rather than referring to it as a general goal or principle. Doing so, the article offers a practical account for the feasibility of different distribution modalities, which may yield new insights for institutional design to better deal with challenges in this well-researched but still unclear issue. [ABSTRACT FROM AUTHOR]

This article considers some recent jurisprudence in maritime boundary delimitation that results in the creation of ‘grey areas’. Such grey areas have generated uncertainty in practice, specifically concerning claims to entitlements and the rights that States may exercise in such areas. The article reviews the two Bay of Bengal cases (International Tribunal for the Law of the Sea 2012 and the Annex VII Tribunal 2014) and two cases before the International Court of Justice (Somalia v. Kenya 2021; Nicaragua v. Colombia 2023), indicating the need for delimitation of maritime areas and legal rights to reflect the ‘physical reality at the time of delimitation’. [ABSTRACT FROM AUTHOR]

This article addresses three key aspects of the importance of gender equality within ocean and maritime law-making: the employment of gender sensitive language in recognising the roles and responsibilities of 'all people' who work and benefit from ocean activities; the low representation of women in male-dominated ocean governance structures; and a human rights approach to gender equality as a critical means of using law to effectively improve working conditions and support systems for women. In the past decades, gender equality in maritime and ocean affairs has been evolving in international legal instruments in terms of progress in the inclusion of gender sensitive language and specific provisions. Reviews of these legal instruments demonstrate the need to overcome gender blindness and promote equality in maritime and ocean domains. [ABSTRACT FROM AUTHOR]

The recent judgments of the International Court of Justice (ICJ) in Nicaragua v. Colombia and of a special chamber of the International Tribunal for the Law of the Sea in Mauritius/Maldives provide significant developments to the legal regime of the continental shelf within the law of the sea, as well as its relationship to the exclusive economic zone. Specifically, the ICJ stated that the continental shelf beyond 200 nautical miles cannot overlap with the area within 200 nautical miles of another State’s baselines. This decision potentially creates a new constraint line to a coastal State’s entitlement to a continental shelf beyond 200 nautical miles. Furthermore, the two decisions blur the distinction between delineation and delimitation of the continental shelf. They hold significant implications for the concept of a ‘single continental shelf’ and raise questions about the necessity of establishing grey areas in the future. [ABSTRACT FROM AUTHOR]

The book "International Courts versus Non-Compliance Mechanisms: Comparative Advantages in Strengthening Treaty Implementation" edited by Christina Voigt and Caroline Foster explores the role of international courts and non-compliance mechanisms in enforcing treaty obligations. The editors argue that non-compliance mechanisms (NCMs) offer a more facilitative and proactive approach to promoting compliance compared to traditional punitive measures. The book provides a comprehensive analysis of NCMs in various areas of international law, highlighting their potential to enhance treaty implementation and complement the existing treaty regime. The authors suggest that NCMs, with their soft procedures and participatory nature, can better address the challenges of treaty compliance, especially for states struggling to meet their obligations. [Extracted from the article]

Palestine currently holds contractual relations with 167 States under the UN Convention on the Law of the Sea. UNCLOS's dispute settlement mechanisms might vary depending on the process States have opted for. In order to pick a preferred mechanism, a State Party should deposit a declaration with the UN Secretary-General. As it did not file any such declaration, Palestine is deemed to have accepted arbitration by default. However, Palestine can still deposit a declaration to choose other procedures and therefore open the possibility to resort to the International Court of Justice, the International Tribunal for the Law of the Sea, or a special arbitration. Yet, the neighboring States have different approaches. While Egypt has cast opposition to arbitration regarding boundary delimitation, Israel is not a Party to UNCLOS and does not recognize its settlement mechanisms. How can disputes be resolved? Would conciliation work? What are exit channels? This article answers such questions. [ABSTRACT FROM AUTHOR]

This article evaluates South Korea's state practice of international law, highlighting its consistent adherence to fundamental principles and active contributions to new norm development. The Korean Constitution's monistic approach integrates international treaties and customary international law as part of domestic law, promoting harmony between national and international legal standards. The analysis covers Korea's judicial support for international norms, commitment to peace under Article 5 of the Constitution, treaty-making mechanisms, and significant contributions to maritime safety and human rights. By exploring these diverse areas, the article argues that Korea is both a norm-taker and a norm-maker, aligning with modern international law principles while fostering the development of new norms. [ABSTRACT FROM AUTHOR]

In February 2018, the Indonesian government enacted Government Regulation No. 4, 2018, related to the Safeguard of the Airspace Territory of the Republic of Indonesia. While this regulation primarily addresses national airspace defense and security, several articles of the law directly pertain to the law of the sea. These include the right of overflight in Indonesian airspace above archipelagic sea lanes, the right of overflight above artificial islands, and regulations concerning the Air Defence Identification Zone (ADIZ). This article focuses on Indonesia's practices under the new regulation as they relate to the law of the sea. [ABSTRACT FROM AUTHOR]

This article examines the Republic of the Philippines' recent partial submission to the United Nations Commission on the Limits of the Continental Shelf (CLCS) concerning the outer limits of its continental shelf beyond 200 nautical miles (M) from its baselines. The submission, grounded in the United Nations Convention on the Law of the Sea (UNCLOS), relates to the West Palawan Region, located in the South China Sea. The article explores the procedural aspects of the CLCS rules in dealing with areas of continental shelf subject to overlapping submissions or disputes and assesses the broader implications for international law and the law of the sea. This article provides an analysis of the legal and scientific basis of the submission, the implications for regional maritime claims, and the reactions from other claimant States and extra-regional powers. [ABSTRACT FROM AUTHOR]

This article explores the legal and political consequences of the 2018 Timor Sea Compulsory Conciliation on Australia and Indonesia relations. The dispute over the Timor Sea, fueled by the desire for oil and gas resources, has historical roots and has shaped Australia-Timor-Leste and Indonesia-Timor-Leste relations. The Compulsory Conciliation process, conducted behind closed doors, led to significant outcomes. It recommended a new maritime boundary, primarily favoring Timor-Leste, and established a resource-sharing framework for the Greater Sunrise gas field. These findings, enshrined in a treaty, have far-reaching implications for international law and dispute resolution. The article assesses the impact on Australia's diplomacy, Indonesia's response, and the role of Timor-Leste in the post-Conciliation landscape. It explores prospects for cooperation and challenges in Australia-Indonesia relations. The Conciliation's significance lies in its lessons for international law adherence and peaceful resource management in contested waters. [ABSTRACT FROM AUTHOR]

This Special Issue, based on an international conference commemorating 40 years of the United Nations Convention on the Law of the Sea (LOSC), Copenhagen, March 2023, examines emerging issues of resilience of the Convention. More than 40 years have passed since the adoption of the LOSC. Currently, the LOSC faces many challenges that were unforeseen at the time of its adoption in 1982. An essential question thus arises as to whether and how it is possible to address these unforeseen issues under the LOSC. Here, resilience of the LOSC must be envisaged. The six articles in this Special Issue provide an insight into the resilience of the LOSC, examining some cutting-edge matters the LOSC faces today. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Law of the Sea (LOSC) is a pillar serving the objectives set forth in the United Nations Charter. The comprehensive compulsory dispute settlement mechanism under Section 2 of Part XV has established jurisdiction concerning disputes about the interpretation or application of the LOSC. Yet, there are situations in which disputes that relate to the LOSC arise in a broader context, one area of which relates to disputed territorial titles. This article examines the applicable conditions allowing courts and tribunals competent under Article 288(1) of the LOSC to extend jurisdiction to disputes that need not limited to the LOSC but relate also to territorial disputes. While the case law suggests a general reluctancy to exercise jurisdiction in any such situations, there may be prima facie unexplored legal sanctuaries within the LOSC, allowing courts and tribunals to disregard certain jurisdictional objections that arise from the existence of territorial claims of either of the disputing parties. [ABSTRACT FROM AUTHOR]

Waters claimed on the basis of historic grounds represent an anomaly in the face of the United Nations Convention on the Law of the Sea (LOSC) provisions on the measurement of marine spaces. In fact, they deviate from the codified prescriptions pertaining to both rules and exceptions governing the drawing of baselines. This contribution outlines the intricate theoretical evolution of this anomaly, the considerations developed during its challenging codification, and the reasoning of international courts and tribunals that have contributed to clarifying regimes and legal terms associated with claims based on historic reasons. Furthermore, it assesses the impact of the anomaly through a brief overview of national practices and the (failed) attempts to quantify them. The anomaly reveals certain paradoxes, but also asserts its necessary presence within the system, to the extent that the LOSC provisions related to historic claims can be counted among the elements on which the LOSC has grounded its resilience. [ABSTRACT FROM AUTHOR]

Over the course of more than twenty years of operation, the Commission on the Limits of the Continental Shelf (CLCS) has made 40 recommendations to submitting coastal States regarding the outer limits of the continental shelf. Only 12 of these recommendations have been used to establish final and binding limits so far. The past practice of the CLCS demonstrates that not all coastal State submissions are simply accepted and that, in fact, various disagreements arise throughout the process. Based on a review of all recommendations issued by the CLCS, this article presents an overview of the various issues subject to disagreement between the CLCS and the submitting coastal State, discusses potential options and solutions for resolving these disagreements, and analyses those disagreements and the practice of the CLCS in light of the resilience of the United Nations Convention on the Law of the Sea. [ABSTRACT FROM AUTHOR]

The overall resilience of the Convention – its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time – is largely attributable to certain design features within the Convention, to a willingness to 'bend' the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks in flexibility and plasticity; in measured doses they promote resilience, while if taken too far they can erode confidence and support in the regime. Ultimately, such resilience rests on the good faith of States and other relevant actors in pursuing common ground in regulating a common space. [ABSTRACT FROM AUTHOR]

Determining the existence of a dispute is key to establishing and exercising jurisdiction in international adjudication by international courts and tribunals. Much has been written on the definition and emergence of a dispute, but there has been almost no scholarly consideration of the question of the ending of a dispute. This article contends that the extinction of a dispute is a separate and independent legal process, distinct from the mere non-fulfilment of the criteria for the definition of a dispute. It conducts a thorough study of the different means of extinguishing a dispute as recognised thus far in the case law of the ICJ and ITLOS, identifying and analysing three methods by which a dispute may be extinguished. It then demonstrates that each such method is deeply rooted in core legal principles related to the international judicial function. [ABSTRACT FROM AUTHOR]

Russia is systematically mapping critical infrastructure in the North and Baltic Seas. These activities are intended to unsettle NATO countries and prepare the ground for possible sabotage. The problem is that the international law of the sea does not provide coastal States with clear authority to prevent the collection of intelligence on maritime infrastructure within their Exclusive Economic Zones (EEZ s). This article argues that coastal States must nevertheless be able to exercise their sovereign rights with respect to the exploration and exploitation of the EEZ and continental shelf. Consequently, they must be allowed to take the necessary measures to protect the infrastructure serving the exercise of those sovereign rights. This argument could help to establish a legal basis for countering Russian mapping operations in the EEZ s and on the continental shelves of coastal States in the North and Baltic Seas. [ABSTRACT FROM AUTHOR]

On 1 August 2022, the Grand Chamber of the European Court of Justice (ECJ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control (PSC Directive). The ECJ's judgment is the first to comprehensively address and clarify the legal framework governing the European Union's system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels. [ABSTRACT FROM AUTHOR]

The law of the sea is currently understood as a distinct field of international law that came into existence together with (modern) international law. Has this always been so? How did past international lawyers understand what we call today 'the law of the sea'? Were they aware of the fact that this was a separate legal regime? And when did modern conceptions of the law of the sea emerge? This article examines past scholarship, from the sixteenth to the beginning of the twentieth century, in order to identify how law of the sea was conceived in past scholarship and how this conception links to our current understanding of the field. [ABSTRACT FROM AUTHOR]

Belgium, Denmark and the Netherlands have announced their interest in constructing artificial 'energy islands' to enable the integration of large-scale offshore wind energy into the energy system. This raises several legal questions, such as how do these developments fit in the balance of interests required by the United Nations Convention on the Law of the Sea, what European Union law is applicable to artificial islands and how Belgium, Denmark and the Netherlands approach the construction of artificial islands. This article provides a comprehensive overview of the applicable legal framework and shows the variety of approaches and strategic choices States may have when developing energy islands. [ABSTRACT FROM AUTHOR]

After reducing their humanitarian presence at sea, States have begun to interfere with Search and Rescue (SAR) operations led by NGOs aimed to render assistance to migrants in distress. In Italy, the recent Law-Decree 1/2023 on NGOs' SAR activities constitutes an important development grounding States' efforts to interfere with activists' operations. In this article, I first describe the practices of delay and/or denial of disembarkation that Italy has implemented. Second, I consider whether these strategies stemming from national legislation are compliant with the State's international obligations under the law of the sea. I show how the law of the sea provides some regulation but also leaves crucial gaps which amplify the State's discretion in interpreting legal duties. Third, I assess how the new Law interferes with the rights of rescuers. I conclude that Italy's interference with the human rights of rescuers operating at sea is not fully compliant with international legal obligations. [ABSTRACT FROM AUTHOR]

Volcanic eruptions can have various consequences, including in the field of the international law of the sea. This article addresses the impact that two volcanic eruptions had on the baselines for measuring the breadth of Iceland's territorial sea. First, the impact of the eruption in 1918 in Katla was addressed by the Supreme Court of Iceland in 1922 which confirmed a district court decision stating that the territorial sea line was not a fixed or determined line on the sea but changed with avulsions and accretions. Second, the sudden appearance of the volcanic island Surtsey in 1963 affected the drawing of straight baselines along the southwestern coast of Iceland. This article addresses the impact of these eruptions on the territorial sea baseline and explains their relevance for current challenges in international law. [ABSTRACT FROM AUTHOR]

The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea recently held a meeting to discuss the challenges and opportunities presented by new maritime technologies. The meeting focused on topics such as capacity-building, international cooperation, sustainable development, and addressing threats to the ocean. Panel presentations covered a wide range of subjects, including the legal framework for international cooperation, technology transfer, renewable energy, and the role of the private sector. The discussions emphasized the need for collaboration, funding, and governance to effectively utilize new maritime technologies. The text also mentions future topics of discussion, such as blue food, ocean observing infrastructure, and climate interventions. [Extracted from the article]

The document titled "Oceans and the Law of the Sea Report of the Secretary-General, 1 September 2023" provides a comprehensive overview of major developments related to ocean affairs and the law of the sea. It emphasizes the threats posed to the ocean by human activities, including overexploitation, pollution, and climate change. The report also discusses the legal and policy framework established by the United Nations Convention on the Law of the Sea and provides updates on the number of parties to the Convention. It covers various aspects of maritime issues, including efforts to address migrant smuggling and search and rescue at sea, maritime safety and security, and the impact of climate change on the ocean. The document highlights global and regional initiatives aimed at promoting the conservation and sustainable use of marine resources, protecting the marine environment, and addressing challenges such as plastic pollution. It also emphasizes the need for enhanced cooperation and collaboration to achieve sustainable ocean management and protect marine biodiversity. [Extracted from the article]

The document titled "Oceans and the Law of the Sea Report of the Secretary-General, 14 March 2023" provides an overview of new maritime technologies and their challenges and opportunities. It emphasizes the importance of technology in sustainable development and managing human uses of the ocean. The report discusses the role of new technologies in mitigating climate change, exploring non-living resources, and addressing the impacts of human activities. It highlights advancements in deep-sea mining, offshore renewable energy, shipping, fisheries, aquaculture, and maritime safety and security. The adoption of these technologies faces challenges such as high costs and technical complexity, but international cooperation is crucial for their successful implementation. The text also addresses the need for increased awareness and management of cyberrisks and emphasizes the importance of responsible development and continuous evolution of the legal and regulatory framework. [Extracted from the article]

In 2016, an American autonomous underwater glider was seized by the Chinese navy in the South China Sea. The United States considered this a hostile act as the glider was sovereign immune. The Chinese maintained they were merely detaining an unknown craft to properly identify it. The glider was subsequently returned to the United States. Despite this incident ending somewhat peacefully, the issues that led to and stem from it are far from resolved. Was China right in detaining an unidentified object? Or was the United States right asserting that all craft are covered by sovereign immunity if so declared? Can autonomous vessels even have sovereign immunity? These issues are symptomatic of the technological age and the struggle of law to keep pace with constant advancements: new types of vessels do not fit neatly into the definitions of current international law, putting them in regulatory limbo. If not addressed, this could lead to an escalated incident in the future. This article considers the challenges of classifying autonomous vessels under international law, the function of sovereign immunity at sea, and whether it can apply to autonomous vessels. It will also consider potential methods for clarifying the issue at law. [ABSTRACT FROM AUTHOR]

States are increasingly turning to novel solutions to achieve their energy goals. In response, floating nuclear power plants (FNPPs) have emerged as a potential solution to meet the energy demands of remote and coastal areas. "Build Own Operate" programs have thus been proposed as turnkey commercial endeavors in which supplier States rent FNPP power generation to foreign host States. Given the inherent risks that FNPPs pose, a Build Own Operate plant travelling from supplier nation to host nation jeopardizes the marine environment of innocent coastal States. These transit States currently exist in international law limbo, where the lack of a coherent FNPP definition and limited control over their territorial sea and exclusive economic zone (EEZ) render them powerless in the face of potential environmental disasters. This article proposes enhanced international law protections for the transit States that might see FNPPs travelling through their waters in the coming years. In examining challenges to transit States, the article accomplishes two objectives. First, an international law definition for FNPPs is established. Second, it is proposed that FNPPs should be barred from non-consensual travel through the territorial sea of transit States, and that major restrictions should be placed on their movement through the EEZ. [ABSTRACT FROM AUTHOR]

In the wake of the recent adoption of the BBNJ Agreement, the commentary has focused on the final agreed text of the Agreement. This commentary takes a different approach and considers the BBNJ Agreement within the broader context of UNCLOS and its implementation agreements, namely, the Part XI Agreement and the UN Fish Stocks Agreement, given that when the BBNJ Agreement enters into force, it will take its place as the third implementation agreement under UNCLOS. As the point of departure, this commentary uses the work and words of one of the key architects of the UNCLOS regime, the late Ambassador Satya Nandan, as a historical lens through which to comment on the BBNJ Agreement. This commentary considers how the BBNJ Agreement was influenced by the history of the making of UNCLOS and its implementation agreements, how that history may inform the BBNJ Agreement's entry into force, and how the BBNJ Agreement may further develop the UNCLOS regime. This commentary concludes that the making of the BBNJ Agreement is not only a continuation of that shared history—but that the BBNJ Agreement "rhymes" with that history in such a way that progresses the law of the sea. [ABSTRACT FROM AUTHOR]

This article examines the Philippine Supreme Court's landmark ruling declaring the Joint Marine Seismic Undertaking (JMSU) unconstitutional, emphasizing its implications for Philippine foreign policy and territorial disputes in the South China Sea. The JMSU, an agreement between China, Vietnam, and the Philippines for joint exploration in a contested maritime area, was challenged for contravening the Philippine Constitution's provisions on national sovereignty over natural resources. The decision reaffirms the Philippines' sovereign rights and sets a legal precedent emphasizing the primacy of the Philippine Constitution in international agreements on natural resource exploration. This article discusses the decision's significant impact on Philippine foreign policy, the ongoing territorial and maritime disputes in the South China Sea, and its wider relevance to diplomacy and international law. The ruling marks a critical affirmation of Philippine sovereignty and adherence to legal norms, shaping the country's future diplomatic relations and stressing the importance of constitutional fidelity in international agreements, especially within the contentious South China Sea areas. [ABSTRACT FROM AUTHOR]

This article analyses the 2022 Agreement between the Italian Republic and the Republic of Croatia on the delimitation of their exclusive economic zones. The Agreement marks a significant step forward in international relations and maritime law, reflecting a mutual commitment to resolving maritime boundaries in accordance with international law. The two States have agreed that the delimitation line of the EEZs aligns with the continental shelf boundary between the Parties, as defined by the 1968 Agreement, and the 2005 Technical Correction Agreement. Moreover, since cooperation in the North Adriatic basin, both bilateral and trilateral with Slovenia, remains an important cornerstone for their relationships, they also approved a Joint Declaration on the Adriatic Sea's Resources. This Declaration has a particular focus on preservation of the marine Adriatic environment to improve connectivity, security and cooperation in the blue economy sectors. This article, after providing the historical and legal context of the international relations between Italy and Croatia in the field of maritime cooperation, seeks to conduct a thorough examination of the 2022 Agreement, with particular reference to the methodology employed for delimitation, as well as the conflict clause and dispute settlement mechanisms introduced. In addition, the article will consider the issue of resources management, as set out in the 2022 Joint Declaration. The analysis is intended to determine the consistency of the Agreement with the law of the sea, whilst also highlighting prospective challenges and assessing Italy's contribution to formulating strategies for the forthcoming management of the region. [ABSTRACT FROM AUTHOR]

The purpose of this piece is to provide a brief overview of Benedetto Conforti's work as a scholar of the law of the sea. Through a careful analysis of State practice, he justified the exercise of State power at sea on the basis of a functional approach, whereby the extent of a coastal State's powers was to be determined in accordance with the protection of specific interests related to a coastal community. When a spatial approach prevailed in the codification of the law of the sea, Conforti, while acknowledging the evolution that had taken place, reiterated the importance of the functional approach to explain the progressive extension of State powers at sea to new areas of interest. [ABSTRACT FROM AUTHOR]

Scholarship on law of the sea has become increasingly critical in recent years, but such a critical perspective is not easily implemented in the teaching of the subject. Given that little to no scholarship has engaged with the teaching practice of law of the sea, it seems timely to consider more carefully the research-teaching nexus in this field of law, which I seek to do through this essay. Drawing on critical pedagogy, I explain how I seek to encourage dialogic learning, to de-emphasise presumably authoritative voices, and to decentre the law in my teaching of law of the sea. I also consider some of the challenges that I have encountered in my efforts to decentre the teacher and the law, which mainly relate to arguably inherent tensions within critical pedagogy and to the contemporary higher education environment. [ABSTRACT FROM AUTHOR]

This article charts three different approaches that international courts and tribunals have taken to marine life. Some have viewed marine life primarily as an economic resource, worthy of conservation only in order to ensure future exploitation. Others have seen marine life as an object of conservation in its own right. Yet others have tried to balance the two perspectives. The article also examines the sources that seem to have influenced the judges, finding that these range from the applicable law to external sources and contested legal principles. [ABSTRACT FROM AUTHOR]

After almost two decades of discussions and negotiations, the legally binding instrument on biodiversity beyond national jurisdiction ('BBNJ') was adopted on 19 June 2023, of which Environment Impact Assessment ('EIA') is one of the key pillars. Given that EIA in the new instrument is proposed with a view to the conservation and sustainable use of marine life in areas beyond national jurisdiction, flag States should mainly have an obligation to regulate EIA by applying their domestic legislation. However, for some activities involving many vessels, marine structures, and cables, EIA by flag States may not work effectively. EIAs for offshore windfarm activities may be particularly difficult. Against this background, this study explores how international legal rules should regulate EIAs of offshore windfarms established in areas beyond national jurisdiction. In particular, this study considers which States should have EIA obligations from the perspective of both lex lata and lex ferenda. [ABSTRACT FROM AUTHOR]

Since being described as a 'constitution for the oceans' at its adoption in 1982, the United Nations Convention on the Law of the Sea ('LOSC') has evolved to hold a special status among multilateral treaties. As a constitution--actual or perceived--the LOSC has provided the framework and processes for a relatively dynamic law of the sea that has developed to address new environmental, technological and geopolitical challenges in the forty years since its adoption. By necessity however, these developments have been incremental in nature and have been confined by the parameters of the LOSC constitution. In this article, I argue that such incremental change will be insufficient if the law of the sea is to adapt to the Anthropocene, our current geological and geopolitical Epoch. In this article, I argue that the characterisation of the LOSC as a 'constitution for the oceans' has become a straitjacket for the regime and is preventing the serious exploration of alternative epistemological imaginaries of the law of the sea. I argue for a quiet abandonment of the description of the LOSC as a 'constitution for the oceans' and the actual and perceived consequences of the appellation. [ABSTRACT FROM AUTHOR]

This article aims to clarify the obligations of States under the law of the sea to put children's human rights at the heart of decision-making on the protection of the marine environment, particularly at the ocean-climate nexus. The relevance of the provisions of the United Nations Convention on the Rights of the Child and in particular, children's human right to be heard in the context of existing provisions on deep-sea mining activities under the International Seabed Authority and the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction are discussed. Reflections on more ambitious approaches to integrating intergenerational dialogue within international ocean fora, as ways to implement intergenerational equity and protect humankind at the ocean-climate nexus, on the basis of good practices in the area of children's human rights are offered. [ABSTRACT FROM AUTHOR]

The global plastics pollution crisis has multiple visible and invisible effects on marine, land and air environments. Fossil fuel-based plastics production is projected to triple by 2060, driving a plastics lifecycle that exacerbates climate change, contaminates ecosystems and poses risks to human rights, especially the human right to health. Existing governance measures help tackle plastics waste pollution but cannot effectively address its systemic nature. Drafting a Global Plastics Treaty, due for adoption in 2025, is an opportunity to design ambitious international plastics governance. This article argues for a human rights-based approach to the proposed treaty's framing and substance by integrating, in particular, the human right to health, supplemented by the human right to a healthy environment. Embedding human rights considerations through a precautionary and preventative approach, shifting responsibility to polluters and showing concern for intergenerational equity would combat plastics pollution, accelerate climate action, protect ocean ecosystems and safeguard human rights. [ABSTRACT FROM AUTHOR]

This article focuses on the rising strategic significance of the South China Sea for the Association of Southeast Asian Nations (ASEAN) and the major powers. It traces the origins of the South China Sea (SCS) dispute, and the claimants that are directly involved (China, Vietnam, Philippines, Malaysia, and Brunei). It then examines why balance of power considerations have influenced and continue to influence the role of regional states as well as the major external powers (China, United States, India, and Japan, together with other interested middle powers such as Australia and Canada). It argues that the SCS is an international maritime regime (global commons), and therefore subject to the principles and practice of International Law, specifically United Nations Convention on the Law of the Sea (UNCLOS). Any attempt at nationalisation of the SCS will be rejected under international law, as evidenced by the 2016 decision of the Permanent Court of Arbitration (PCA), with respect to the submission in 2013 by the Philippines on its dispute with China, for compulsory arbitration by the The Hague Court. It notes the lack of unity in ASEAN over how to deal with China's assertive conduct in the SCS. It suggests that only a dynamic balance of power approach, which includes external power engagement with regional interests, will create the necessary space for diplomacy and dialogue by upholding the primacy of the rule of law, freedom of the open seas, and the legitimate rights and interests of all claimant states. It concludes that law, politics, diplomacy, and deterrence are interactive variables requiring strategic management to promote shared interests, stability and security in the South China Sea. [ABSTRACT FROM AUTHOR]