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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]

Returning to consider the international law of the sea after almost 70 years, the International Law Commission (‘ILC’) now has the topic of sea-level rise in international law on its active work programme. In Sea-level Rise in Relation to International Law: First Issues Paper by paper by Bodgan Aurescu and Nilüfer Oral, Co-Chairs of the Study Group on Sea-level Rise in Relation to International law (‘Issues Paper’), the preliminary observation is made that UNCLOS was interpreted as prescribing an ‘ambulatory character’ for baselines and maritime zones measured from them. The article contends that the Issues Paper’s reconceptualisation of ‘ambulatory character’ offers a theoretical synthesis of aspects of existing scholarship that draws from state practice and is consistent with the historical development of the law of the normal baseline. The article further contends that to maximise the normative force of this reconceptualisation of the law’s ‘ambulatory character’, when the topic is considered by the ILC as a whole, the ILC should recognise that its task calls for treaty interpretation as well as the identification of custom, and potentially engaging both aspects of its mandate: the codification of international law and its progressive development. [ABSTRACT FROM AUTHOR]

The Gulf of Finland has one of the busiest shipping routes globally and is the main export channel for Russian oil and gas. The Russian Federation has not closed its territorial sea for the east-west passage of ships to and from its ports. However, it has blocked over the past dozen years the north-south passage of an Estonian-Finnish commercial ferry line that has not received the Russian Federation's permission for crossing its territorial sea. The Russian Federation's permit-based passage regime caused the closure of that ferry line in 2007 and reportedly still hinders its re-establishment. In this context, the Russian Federation's practice on the right of innocent passage through its territorial sea in the Gulf of Finland resembles the Soviet Union's practice prior to the 1989 Jackson Hole statement. [ABSTRACT FROM AUTHOR]

The spatial distributions of dimethylsulfide (DMS), dimethylsulfoniopropionate (DMSP), and dimethylsulfoxide (DMSO) were investigated in the Yangtze River Estuary from 9 to 23 March, 2018. The average concentrations of DMS, dissolved DMSP (DMSPd), particulate DMSP (DMSPp), dissolved DMSO (DMSOd) and particulate DMSO (DMSOp) were 3.00 ± 2.53, 1.75 ± 1.08, 10.89 ± 14.28, 9.80 ± 7.79, and 9.51 ± 8.90 nmol L−1, respectively. The high DMS and DMSP concentrations occurred mainly in the open sea, exhibiting distribution patterns similar to chlorophyll a (Chl‐a). Due to the release of resuspended sediments, elevated DMSO concentrations were observed in the bottom waters of some stations. The three sulfur compounds were positively correlated with Chl‐a (p < 0.05), suggesting that phytoplankton played an essential role in the production of sulfur compounds. Comparisons with previous research showed that the concentrations of DMS, DMSP, and DMSOp exhibited clear seasonal variability. The average sea‐to‐air flux of DMS was 8.19 ± 12.94 μmol m−2 d−1 in the study area, indicating that the estuary and continental shelf sea were significant contributors to the global sulfur cycle. Ship‐based incubation experiments showed that lower pH inhibited the production of the three biogenic sulfur compounds, while the addition of dust promoted their release. Therefore, in the future, the inhibitory effect of seawater acidification on the production of phytoplankton and sulfur compounds might be offset, to some degree, by the input of nutrient‐rich dust. Plain Language Summary: Dimethylsulfide (DMS) is an important biogenic gas that is mainly produced by phytoplankton in seawater. DMS can alter the global climate by its oxidation products when it emits from the ocean to the atmosphere. In our study, the distributions of DMS and its related sulfur compounds were measured in the Yangtze River Estuary and its adjacent area. The authors found a positive correlation between chlorophyll a and sulfur compounds. The sea‐to‐air fluxes of DMS were also estimated and the results suggested that the estuary and continental shelf sea played an important role in the global sulfur cycle. Ship‐based incubation experiments were conducted to study the production and release of biogenic sulfur compounds responded to simulated seawater acidification and dust deposition. Key Points: Spatial distributions of DMS, DMSP and DMSO were measured in the Yangtze River Estuary and its adjacent areaSeasonal and interannual variabilities of three sulfur compounds were discussedThe production and release of biogenic sulfur compounds responded to simulated seawater acidification and dust deposition were investigated [ABSTRACT FROM AUTHOR]

The article discusses the Grotian concept of sea freedom with no country being able to own it, and its application to the modern activity of island building in 2020. Topics covered include the historical context, ideas, and acceptance of the 1608 Hugo Grotius work "Mare Liberum" meaning freedom of the seas, the modern law of the sea, and the issue of island building therein. Also noted is the view that island building does not change the law and requires no maintenance of freedom of the seas.

Abstract Offshore wind is, nowadays, an emerging renewable source in Europe, with strong capacity potential due to the generalized high wind-levels at the open sea. Because solutions for this wind energy extraction are complex, its implementation differs from other renewable energy technologies, as it requires synergies between different industries, agents and actors. Portugal's offshore wind resources have been the home for two different EU funded projects on the deployment of demonstration prototypes for innovative foundation solutions and further projects are currently on the pipeline. However, Portugal has ocean conditions that differ from those of the Northern Seas, raising considerably different technological challenges. The present authors propose a strategic path that better fits the Portuguese socio-economic environment and discuss the consequent opportunities, challenges and bottlenecks that need to be addressed for that specific path. A thorough bibliographic review was made to the current literature and in-depth semi-structured interviews were conducted to relevant actors of the field. The suggested path may generate considerable investment on new capacity additions and economic benefits for the industry's added value, as well as more than 20,000 jobs.year by 2030. Highlights • The Path for Offshore wind implementation in Portugal is evaluated. • Authors propose a path based on demonstrational device installation on national waters. • The path is divided in three stages and is dependent on industrial development. • Economic and social benefits that arise from the presented path are discussed. [ABSTRACT FROM AUTHOR]

An interview with Ash Carter, former U.S. defense secretary from 2015 to 2017, is presented. When asked about President Donald Trump's China strategy, he emphasizes the importance of having elements of self-protective containment of Chinese coercion. He also comments on China's non-issue stance on the subject of freedom of navigation and explains an inclusive security arrangement in Asia.

Rebalancing in Asia and India's strategic location has provided it with the benefit of being key ally of the United States (US). The convergence of interests of the two states culminated into a maritime partnership providing an opportunity to Indian Navy to develop its maritime capabilities for carrying out blue water missions. Such naval build up and alliance formation in the Indo-Pacific Region (IPR) will be counterproductive, creating security dilemma for the regional states by threatening their national and strategic interests. Contrary to the assumption that such a development will create balance of power in the region, there are threats that these developments may cause conflicts, confrontation, and maritime cold war in the region. The study seeks to explore such dangers. It stresses that sustaining peace at sea hinges upon discouraging an arms race in maritime domain and promoting engagement and collaboration. [ABSTRACT FROM AUTHOR]

At the conclusion of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, there was considerable optimism that the Convention would usher in a new age of marine environmental protection. This article argues that, while UNCLOS did contain important innovations for marine environmental protections, key structural problems prevented the Convention from fulfilling more optimistic predictions of success. Concepts such as freedom of the high seas and exclusive flag state jurisdiction as well as the lack of an effective institution with competence over the law of the sea generally have impeded progress. Instead, states have relied on incremental development to seek improvements in the law. The article evaluates whether two recent developments will progress the goal of marine environmental protection. First, a number of recent international judicial decisions interpreting treaty and customary principles of international law have clarified and extended state environmental obligations. Second, negotiations for a new treaty on the protection and sustainable use of biodiversity in areas beyond national jurisdiction offer hope that gaps in UNCLOS might be filled. [ABSTRACT FROM AUTHOR]

‘Probably no American of the twentieth century has received more scholarly attention than Woodrow Wilson’ [L.E. Gelfand, ‘When Ideals Confront Self-Interest: Wilsonian Foreign Policy’, Diplomatic History 18, no. 1 (1994): 125-34, 125] yet this scholarly attention has yet to consider the role that natural resources played in Wilson’s understanding of the world, or to examine how his understanding of concepts that were central to his political writing and decisions, such as self-determination, were tied to access to natural resources. This article will fill this gap and sketch out how both Wilson and ‘Wilsonianism’ consider natural resources and the implications of this. [ABSTRACT FROM AUTHOR]

Chinese engagement in South-East Asian dam projects is usually conceptualized by scholars as directly driven by China's political leadership as part of a larger package whose terms would only be favourable to the Chinese party. This article argues against this notion, conceptualizing Chinese engagement in South-East Asian dam projects as engagement that can also be directly driven by a Chinese dam developer in a standalone project whose terms are favourable to all contractual parties involved. The cases of the Mong Ton and Hat Gyi dams on Myanmar's Salween River, which feature the involvement of the Chinese dam developers China Three Gorges Corporation and Sinohydro, are presented as evidence for this latter conceptualization. [ABSTRACT FROM AUTHOR]

This article reviews the dynamics of conflict and cooperation between sub-national administrative jurisdictions in China, and assesses the implications of these dynamics for its transboundary waterways. The article argues that domestic hydropolitics can rival the international variety in both complexity and contentiousness. This is especially true in China because of its marked fiscal-economic decentralization, which creates considerable interjurisdictional conflict. These internal politics may help explain tension between China and its neighbours over transboundary rivers, and future research should attempt to more fully link the domestic and international arenas. [ABSTRACT FROM AUTHOR]

This article investigates China's role as the world's largest builder of and investor in large dams, focussing on the Greater Mekong Sub- Region in South-East Asia. It addresses the role Chinese actors play in dam-building as well as the environmental, social, economic and political implications by drawing on case studies from Cambodia and Vietnam. The article finds that China's dam-building is perceived very differently in different countries of South-East Asia. In Cambodia, the dams in the Greater Mekong Sub-Region are considered instruments of economic growth and development, whereas downstream in Vietnam the dams are seen as potentially undermining national growth, development and security. [ABSTRACT FROM AUTHOR]

As China emerges as a regional and global power and its interest in utilizing the transboundary water resources within its borders continues to grow, a better understanding of China's policies and practices towards transboundary waters is of critical importance. Scholars have explored various approaches to the study of this subject, including the legal perspective, the socioeconomic-environmental lens, the foreign relations/neighbourhood diplomacy angle, and international relations theories. Each approach has its merits and weaknesses. On the basis of all the existing analytical studies, this article proposes a process-based framework to study China's policies towards transboundary water management. [ABSTRACT FROM AUTHOR]

Taking inspiration from the legal doctrine of the freedom of the seas, this paper makes the case for No Borders. To do so, it revisits Grotius’s arguments for the freedom of the seas. Analysis of contemporary bordering practices in the Mediterranean Sea reveals the weakness of what appears to be Grotius’s most plausible argument, namely that the ocean cannot be occupied and should therefore be free. While Grotius’s argument for the freedom of the seas based on the idea of divinely sanctioned sociability is clearly problematic for the twenty-first century, the paper retools it by shifting from theology to ontology with a turn to Deleuze and Guattari, and Nancy. The resultant argument, based on Nancy’s idea of being-in-common, not only justifies the freedom of the seas, but also more radically calls for an end to exclusionary political communities and their borders. [ABSTRACT FROM AUTHOR]

In contemporary international discourse about maritime freedom (e.g., "freedom of navigation"), nations often speak in generalities, but rarely clarify what they mean. To reduce the risk of misunderstanding, nations should navigate their use of language between two purposes simultaneously. First, any discussion should be concise, communicable, and comprehendible. Additionally, nations should also be prepared to dialogue on these matters in greater depth and detail, and any substantive discussion should be faithful to the applicable international law that binds nations. A way to ensure such discourse is meaningful is by following a three-step process of labeling, framing, and applying. This article details this approach. [ABSTRACT FROM AUTHOR]

Ship traffic monitoring is a foundation for many maritime security domains, and monitoring system specifications underscore the necessity to track vessels beyond territorial waters. However, vessels in open seas are seldom continuously observed. Thus, the problem of long-term vessel prediction becomes crucial. This paper focuses attention on the performance assessment of the Ornstein-Uhlenbeck (OU) model for long-term vessel prediction, compared with usual and well-established nearly constant velocity (NCV) model. Heterogeneous data, such as automatic identification system (AIS) data, high-frequency surface wave radar data, and synthetic aperture radar data, are exploited to this aim. Two different association procedures are also presented to cue dwells in case of gaps in the transmission of AIS messages. Suitable metrics have been introduced for the assessment. Considerable advantages of the OU model are pointed out with respect to the NCV model. [ABSTRACT FROM PUBLISHER]

A ship domain is nowadays an important navigational safety assessment criterion. Its shape and size depend on many factors. The available maneuvering area seems to be one of the most important of them. This article examines the influence of the available manoeuvring area on the shape and size of ship domain in the open sea and restricted waters. The research was conducted using a simulation method. Expert navigators participated in simulations using the ECDIS system. The domains of ship passages in open sea area and restricted area have been compared. [ABSTRACT FROM AUTHOR]

Transboundary rivers have important geopolitical and geo-economic connotations, but riparian states of transboundary rivers are often driven by their own rapid population growth and economic development to become involved in regional conflicts about the development and use of water resources. Therefore, finding a balance between the need for fair and reasonable development of water resources and the effective protection of environment from an ecological perspective has become a major problem faced by the international community. This paper begins with consideration of international water laws related to transboundary rivers and then reviews advances in the research on benefit-sharing, ecological compensation mechanisms, and adaptive management systems. We believe that existing international water laws form a complete legal system and that more attention needs to be paid to transboundary cooperation and sustainable water resource use. With respect to how transboundary water conflicts are resolved, there is a trend to move away from single water resource allocation (a zero-sum game) to benefit-sharing in order to achieve a win-win situation for riparian states, but there are still some difficulties in transboundary ecological compensation. In China, the central government has paid attention to horizontal ecological compensation between upstream and downstream, offering guidance to promote establishment of inter-province ecological compensation. Based on existing practice, horizontal ecological compensations are still in their infancy, small in scale, supported by a weak legal system, lacking market mechanisms to encourage their use and relying on fiscal transfers as the method of payment. In the future, China will need to intensify its research on legal system development, international cooperation, and benefit-sharing as these impact transboundary water resources. Because government can be seen as a management department with multiple identities (enabler, regulator and buyer), to improve adaptive transboundary ecological compensation mechanisms, government must develop as soon as possible data sharing platforms, standards of water consumption behaviors and intergovernmental policies (or ordinances). [ABSTRACT FROM AUTHOR]

Despite the ecologic and economical importance of coastal areas, the neurotoxic bioaccumulable monomethylmercury (MMHg) fluxes within the ocean margins and exchanges with the open sea remain unassessed. The aim of this paper is to address the questions of the abundance, distribution, production and exchanges of methylated mercury species (MeHgT), including MMHg and dimethylmercury (DMHg), in the waters, atmosphere and sediments of the Northwestern Mediterranean margin including the Rhône River delta, the continental shelf and its slope (Gulf of Lions) and the adjacent open sea (North Gyre). Concentrations of MeHgT ranged from <0.02 to 0.48 pmol L −1 with highest values associated with the oxygen-deficient zone of the open sea. The methylated mercury to total mercury proportion (MeHgT/HgT) increased from 2% to 4% in the Rhône River to up to 30% (averaging 18%) in the North Gyre waters, whereas, within the shelf waters, MeHgT/HgT proportions were the lowest (1–3%). We calculate that the open sea is the major source of MeHgT for the shelf waters, with an annual flux estimated at 0.68 ± 0.12 kmol a −1 (i.e., equivalent to 12% of the HgT flux). This MeHgT influx is more than 80 times the direct atmospheric deposition or the in situ net production, more than 40 times the estimated “maximum potential” annual efflux from shelf sediment, and more than 7 times that of the continental sources. In the open sea, ratios of MMHg/DMHg in waters were always <1 and minimum in the oxygen deficient zones of the water column, where MeHg concentrations are maximum. This observation supports the idea that MMHg could be a degradation product of DMHg produced from inorganic divalent Hg. [ABSTRACT FROM AUTHOR]