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Graphic novels have been previously recognized by scholarly research as a valuable conceptual lens for thinking critically about law. Asserting the need for a deeper engagement with the material foundations, ontological beliefs and epistemological grids that lie under the development of international law of the sea, this article delves into the imaginary oceanic universe of Hugo Pratt's classic graphic novel series, Corto Maltese. In conjunction with the comic series, "law and comics" literature, Indigenous studies, and new materialism thinking, the article examines different ontological values related to the material oceanic universe that are incorporated in the graphic narrative, juxtaposing them with beliefs embedded in the Western legal understanding of the ocean systems. Using the graphic novel series as a methodological device, the article thus seeks to revisit some of the law of the sea's fundamental assumptions and ground future discussions towards a material turn of international law of the sea, and not least Western philosophy as a whole. [ABSTRACT FROM AUTHOR]

AbstractUnder the 1920 Treaty concerning the archipelago of Spitsbergen (Svalbard Treaty), the contracting parties recognize the full and absolute sovereignty of Norway over the archipelago. The sovereignty is to be exercised subject to the stipulations of the Treaty, which include equal rights of the contracting parties to fish and hunt on the territory of Spitsbergen and its territorial waters. Consistent with the developments of the law of the sea, Norway has claimed sovereign rights over the continental shelf and established 200 nautical miles (NM) zones off its coast, including Svalbard. Norway established a 200 NM Fisheries Protection Zone off the coast of Svalbard. Several contracting parties claim that the equal rights under the Svalbard Treaty are applicable in the maritime zones claimed or established after 1920. This is disputed by Norway by referring to the wording of the Treaty, which stipulates that it is applicable within the 12-NM territorial waters. Owners and captains of vessels flagged in other contracting parties have protested and argued that the arrest and prosecution for illegal fishing in the 200-NM zone off Svalbard violated their equal rights of fishing. The Court had not addressed the question of the applicability of the Treaty provisions until 2023. In a civil case before the Supreme Court, a Latvian shipowning company argued that the snow crab regulations on the continental shelf in the Barents Sea were void as they violated the equal rights of contracting parties under the Svalbard Treaty to fish on the continental shelf. The Supreme Court concluded that the treaty provisions were not applicable beyond the 12-NM territorial sea of the archipelago. An attempt by the same company at international litigation through investment arbitration was also unsuccessful. As the dispute issue is settled within the Norwegian legal system, the dispute enters into a new phase. [ABSTRACT FROM AUTHOR]

The possible inundation of an island State by climate change-related sea level rise poses a completely new challenge for international law. The International Law Association Sea Level Rise Committee and the International Law Commission Study Group have concluded that the principles of certainty and stability support the continuity of statehood. This 2023 Declaration by the Pacific Islands Forum, affirms the ‘presumption of continuity’ of statehood in the face of climate change-related sea level rise. It represents a valuable milestone in the development of State practice on the continuity of statehood and the commitment of affected States to protect their populations. [ABSTRACT FROM AUTHOR]

Environmental phenomena shed light on the fiction that inter-state borders constitute on some level, and the limitations of state-based environmental governance. Transboundary watersheds, in particular, flow across borders of different kinds, evincing the interdependence of water bodies, both human and nonhuman. The lack of cross-border comprehensive environmental governance imposes regional forms of inequity and inefficient forms of water protection. In Central America, to address such problems, citizens have created a legal prototype for how transboundary watersheds could be governed as a commons going forward. This endeavour has been led by Salvadorans, concerned as they are by their country’s position as a lower co-riparian and their significant interdependence with transboundary water bodies. I argue that, in addition to destabilizing established approaches to environmental governance, the legal prototype opens avenues for forms of earthly politics and multispecies justice by placing the reproduction of life, human and nonhuman, side by side. [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]

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]

The article highlights developments at the United Nations International Law Commission on Sea-Level Rise. Topics discussed include potential legal effects of sea level rise on the Law of the Sea, possible legal effects on statehood, exercise of sovereignty, maritime borders and rights to maritime zones, and potential legal effects on the protection of persons in areas of human rights, statelessness, migration, refugees, self-determination, diplomatic protection and consular services.

The legal systems for ocean governance and climate change governance are based on the United Nations Convention on the Law of the Sea and the United Nations Framework Convention on Climate Change, respectively. However, due to differences in their negotiation backgrounds, legal scope, goals, and tasks, there is a lack of interaction between the two at the legal system level. The ocean plays a crucial role in regulating the Earth's climate system, yet its value is often underestimated in the United Nations Framework Convention on Climate Change. The aim of this study is to analyze the effectiveness of the United Nations Convention on the Law of the Sea in addressing climate change. Specifically, we will examine the Convention's ability to mitigate and adapt to climate change, and identify areas where it falls short, such as inadequate regulation of sea level rise, ocean acidification, and ocean fertilization. Based on this, proposals for governance paths from the perspective of the United Nations Convention on the Law of the Sea include developing the Agreement relating to the climate change and ocean governance and reinterpreting the United Nations Convention on the Law of the Sea in accordance with the Paris Agreement. The content should be adapted more flexibly to current climate change challenges, and provisions related to sea level rise and maritime boundaries should be reinterpreted to fill legal gaps. In addition, it is important to establish coordinated regulatory rules and framework agreements to address the issues of ocean fertilization and ocean acidification. Finally, to remedy the shortcomings in proving causation, scientific theories and due diligence obligations should be attributed. Through these measures, effective ocean law governance paths that address climate change can be explored. [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 jurisprudence concerning the continental shelf delimitation beyond 200 nautical miles (nm) over the past decade converged on distinguishing delineation from delimitation, which justifies the appropriateness of the judiciary to delimit the continental shelf beyond 200 nm in the absence of the recommendations issued by the Commission on the Limits of the Continental Shelf (CLCS). Mauritius/Maldives decided by a special chamber of the International Tribunal for the Law of the Sea departs from the established jurisprudence. By applying a 'significant uncertainty' standard that puts the relationship between entitlement and delimitation in the centre, Mauritius/Maldives reasons against exercising jurisdiction over the delimitation beyond 200 nm without affirmative recommendations of the CLCS. Mauritius/Maldives reflects judicial restraint in contrast with a more proactive approach prevailing in previous jurisprudence. [ABSTRACT FROM AUTHOR]

This article analyzes ECS maritime disputes through two lenses: as a globally comparable case study mediated through LOS and as a distinct regional case that differs in several respects from disputes outside East Asia. This study focuses on the Senkaku/Diaoyu island dispute but also examines broader EEZ and ADIZ disputes between China, Japan, and South Korea and the Ieodo dispute between China and South Korea. It finds that global dynamics are applicable to the ECS disputes, as countries depend on LOS rules even while attempting to interpret them for unilateral advantage whenever possible, and parties avoid formal arbitration, when possible, in favor of bilateral agreements. However, regional factors impact these dynamics. The sudden and sometimes violent transition from the Sino-Centric tributary system to the Westphalian system has undermined the legitimacy of LOS and western international law regionally. Finally, the presence of China as a party to almost all ECS disputes limits the application of LOS because China's position as a near-peer competitor with the US gives it additional options to unilaterally impose its will. Unlike relatively weaker parties to these disputes, China may be less concerned about flouting LOS that it does not see as necessary for protecting its maritime claims. [ABSTRACT FROM AUTHOR]

The BBNJ Agreement, adopted on June 19, 2023, is considered to be the third implementation agreement of the United Nations Convention on the Law of the Sea after the 1994 Part XI Implementation Agreement and the 1995 High Seas Fisheries Agreement. Of the four themes of the BBNJ Agreement, namely marine genetic resources, area-based management measures, environmental impact assessment, and capacity building and technology transfer, only the part relating to marine genetic resources is explicitly excluded from the scope of the BBNJ Agreement. There are no explicit exclusions in relation to area-based management measures and environmental impact assessments. Therefore, the sections on area-based management instruments and environmental impact assessments may conflict with fisheries issues in other international fisheries instruments during the implementation of the BBNJ Agreement. Although the BBNJ Agreement has a so-called "not-undermine" provision to ensure that it does not conflict with international fisheries instrument represented by the United Nations Convention on the Law of the Sea, the 1995 High Seas Fisheries Agreement, and regional fisheries management organizations, it cannot be ruled out that the BBNJ Agreement may conflict with regional fisheries organizations' area-based management measures and environmental impact assessments. However, the potential for conflicts also implies the potential for developmental outcomes if they are harmoniously interpreted and implemented. First of all, the emergence of the BBNJ Agreement as a comprehensive treaty covering the high seas and the Area provides an opportunity to build an integrated mechanism for international fisheries insturments that were previously fragmented by regions and species. In addition, the BBNJ Agreement can establish a cooperation system with existing regional fisheries management organizations in the process of establishing area-based management measures and environmental impact assessment of cumulative fishing activities. In line with this, regional fisheries organizations may evolve in the future to proactively adopt legal framework changes and environmental protection measures that emerge from the implementation of the BBNJ Agreement. [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]

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]

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]

Maritime security is an essential component of national security, and the effective maintenance of China's maritime security urgently needs a complete guarantee of the rule of law. Since the founding of the People's Republic of China in 1949, the construction of domestic law on maritime security has undergone three phases: slow development, formation and refinement. Although the rule of law in the seas has been constantly improved, it has provided essential safeguards for maintaining China's maritime sovereignty, security, and rights and interests. It has facilitated the development of maritime undertakings. However, it still faces problems such as the lack of an explicit constitutional basis, the law of the sea is not an independent departmental law, the absence of the fundamental law of the sea, the lack of operability of marine legislation, and the existence of some gaps in marine laws. Given the problems with the current domestic law on maritime security, it is necessary to make improvements in the following areas: adding marine provisions to the Constitution, formulating the fundamental law of the sea and other marine laws, improving local marine laws, and introducing implementing regulations. [ABSTRACT FROM AUTHOR]

Does the Philippines have a grand strategy? The question is biased in favor of a negative answer. Odds are stacked against detecting a grand strategy in non‐great‐power states. Operationalizing grand strategy as a consistent pattern of behavior reduces bias, but odds are also stacked against observing policy continuities in the Philippines. Increasing the level of analysis, emphasizing outcomes over intentions, and enlarging the time scale can help. Applying these analytical techniques, I argue that a Philippine grand strategy is evident in continuities in the country's foreign and security policies on the South China Sea from 1995 to 2022 under the successive administrations of Ramos, Estrada, Arroyo, Aquino III, and Duterte. The grand strategy has five component policies: (1) bilateral diplomacy with China, (2) multilateral diplomacy through the Association of Southeast Asian Nations (ASEAN), (3) grounding in the law of the sea, (4) maintaining the alliance with the US, and (5) modernizing the military. [ABSTRACT FROM AUTHOR]

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This paper explores the concept of islands in international law and its implications for the South China Sea dispute. Islands are important for various reasons, such as territorial sovereignty, maritime rights, and natural resources. However, the legal binding definition of artificial islands has not been enacted by any international document until now. This paper traces the historical development of the concept of islands, from the Hague Conference in 1930 to the United Nations Convention of the Law of the Sea (UNCLOS) in 1982. It also analyses the challenges and opportunities of artificial islands, which are man-made structures that can serve different purposes but can also create various legal and environmental problems. Artificial islands are especially relevant for the South China sea dispute, which involves multiple costal states, while China has significant geopolitical and economic implications. This paper argues that the South China Sea dispute can be resolved through cooperation and dialogue, based on international law framework. Taking into account the provisions of UNCLOS, South China Sea dispute, state practise, and legal scholarship, this article aims to unpack the complexities surrounding artificial island and implications of artificial islands on the international relations. [ABSTRACT FROM AUTHOR]

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]

International law does not fully explain the global community, which has valid interests apart from sovereign nations. Many different things come to mind when one thinks of this global community: a collection of independent states, a universal idea of humanity, an international organization, or even a non-governmental group charged with on behalf of Earth or its inhabitants. While realists in international relations may find these ideas more fantastical the farther they stray from traditional state sovereignty, the fact that individuals, communities, and corporations all have a say in treaty-making, international litigation, and other areas of international law shows that it is not always a "States only" affair. A sense of interests, rights, and responsibilities is given to the international community. State or non-state entities representing the international community are required to carry out the rights and responsibilities of the international community. This article takes a step away from theoretical speculation and towards practical scenario analysis by looking at the potential roles the international community's avatar may play in a treaty regime to preserve and responsibly use marine biological diversity in BBNJ. According to the underlying assumption, all worldwide community members, or erga omnes, shall be held responsible for BBNJ's actions. They will not focus on just one country or two sides and will not be bilateral. [ABSTRACT FROM AUTHOR]

This article explores the legal situation relating to the Sea of Azov in the light of the Russian suspension of shipping on 24 February 2022. While this act received little scholarly or political attention, there is a debate concerning the legality of the suspension of shipping, mainly whether it is governed by the law of naval blockade under the laws of naval warfare. The article analyses the situation from the perspectives of both international humanitarian law (IHL) and the law of the sea (LOS) and examines how the interaction between the two legal regimes affects the analysis. The article supports the conclusion that the Russian conduct does not constitute a naval blockade but may be an accepted practice within the legal regime of naval warfare. In addition, it holds that LOS affects both the laws of naval warfare and the status of the Sea of Azov. Furthermore, the article raises doubts as to the relevance and applicability of the legal concept of naval blockade in modern international law. [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]

Th is article examines a case in which three fisher men were sentenced for people smuggling after having rescued 99 refugees from their sinking ship near Indonesia. Th e analysis is grounded in the juxtaposition of three different sets of mobility rules-Indonesian migration law, customary law of the sea, and international law for search and rescue at sea. It argues that recent mobility restrictions at the Indonesian state level implemented to deter maritime movements are in violation of longer-standing local and international sets of mobility rules meant to protect lives at sea. Th e findings show a legal precedent that could cause potential non-state rescuers to abandon rescue to avoid state sanctions, while states may enjoy impunity for disregarding international law concerning the rescue of people in distress at sea. [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]

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]

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]

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]

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]

"China's Law of the Sea: The New Rules of Maritime Order" by Isaac B. Kardon is a comprehensive examination of China's maritime claims and activities in the East Asian waters, specifically the South China Sea, the East China Sea, and the Yellow Sea. The book analyzes China's attempts to influence international maritime rules, focusing on the United Nations Convention on the Law of the Sea (UNCLOS). It discusses China's revisionist goals and its impact on the regional and international order. While the book lacks a broader focus on the perspectives of key global actors such as the United States and the United Nations, it provides valuable insights into Chinese maritime influence and its implications for the international order. [Extracted from the article]

This article analyzes the historical and continuing Cambodia-Thailand maritime dispute in the Overlapping Claims Area of the Gulf of Thailand, first looking into the history of the dispute to identify primary sticking points that have led to the five decade deadlock and then considering current politics, attendant risks and possibilities of finding a solution to the deadlock. The author argues that policy makers have a historic opportunity to seize the moment by using large amounts of political capital accumulated in the elections last year to break the longstanding impasse. Policy makers must pay heed to nationalisms in both countries to lessen the risks of negotiation failure. If policy makers stick to international law as the basis of their negotiations and of the narrative they present to their publics, and push forward with territorial claims that provide for equitable distribution of the disputed area's 11 trillion cubic meters of natural gas, both countries could achieve energy security in the short and medium term. [ABSTRACT FROM AUTHOR]

Mawani has penned a breathtaking book that challenges the terra-centric understanding of modern (Western) law through an anti-colonial narrative of a ship, its passengers, and the ambitiously defiant journey they took together across the timespace of the erstwhile British Empire. Five years after its publication, this book review seeks to revisit this narrative and distinguish Mawani's work as pathbreaking for the theorisation of law at a planetary scale in ways that also account for the 'non-human' and 'more-than-human' relations. Unlike many newer strands of scholarship seeking to theorise more-than-human dimensions of law- be it in ecological or technological contexts- Mawani's novel 'oceans as method' approach refuses to erase the centrality of racialised violence to the legal empire, including in law's foundational concepts like time, jurisdiction, object and subject. The last section offers some reflections on how engagements with the contexts of caste could have rendered the work richer. [ABSTRACT FROM AUTHOR]

Maritime security governance is crucial for Indonesia, the world's largest archipelago spread across a vast water area about the size of the United States. The existence of several law enforcement institutions to uphold Indonesian laws made governance and authority fractured and weak. Consequently, BAKAMLA was established to improve Indonesian maritime security governance by synergising and monitoring law enforcement at sea. Despite being supported politically by Indonesian President Joko Widodo, institutionally, BAKAMLA remains underperforming. This article discusses whether the existence of BAKAMLA fulfils Indonesia's political and security needs to have an integrated coast guard institution. The article considers relevant literature and the research phase employed in-depth interviews with stakeholders of Indonesia's law enforcement officers at sea. This article concludes that BAKAMLA is still relevant if significant adjustments are made to institutional empowerment by revising and harmonising relevant laws. Such revision reflects the aspirations of political support and will from the Indonesian government to BAKAMLA. [ABSTRACT FROM AUTHOR]

Research on EU policy effectiveness focuses on implementation and compliance within the EU; however, there is a need for a greater understanding of how and why transboundary socio‐ecological issues challenge policy effectiveness beyond the EU's borders. This article introduces the innovative concept of 'ripple effects' of compliance, which are harms perpetuated by structural inequalities, and discusses their implications for EU environmental governance. Contributing to transnational compliance research by integrating political ecology and green criminology, the analysis builds on qualitative data on the illegal bird trade from the Western Balkans into the EU. It demonstrates that compliance with conservation policies within Member States undermines EU policy objectives through crime displacement and institutional misfit, which externalise environmental harm to the Western Balkans. Increased enforcement and monitoring of policy implementation alone cannot function as a panacea for policy ineffectiveness. Addressing these dynamics requires strengthened multilevel and cross‐jurisdictional governance that encompasses entire ecosystems. [ABSTRACT FROM AUTHOR]

Ocean protection is essential to avoid climate disaster. Phytoplankton, seaweeds, and sea grasses produce more than half of Earth's oxygen-- exceeding all terrestrial forests and plants combined--and absorb about ninety percent of the heat generated by rising emissions. Yet oceans continue to be sites for brazen environmental law violations, from illegal fishing to toxic dumping. International criminal law has largely ignored these crimes, even when they amount to offshore environmental atrocities. Meanwhile, legal structures for ocean governance tend to focus on regulatory compliance, self-policing, and dispute resolution, all of which have proved inadequate to protect oceans and coastal communities. Without more global enforcement, environmental criminals will continue to operate with impunity at sea, even as their crimes exacerbate existential climate threats. Mare liberum or freedom of the seas has been a foundational principle of ocean law for centuries, dating back to the writings of Hugo Grotius. But unconditional free seas are no longer defensible in the Anthropocene. The idea of free seas falsely presumes an inexhaustible ocean too vast to govern. Consequently, governance models based solely on the principle of free seas continue to legitimate careless national policies, destructive relations with marine ecosystems, and exploitation of vulnerable ocean environments. Moving forward the international community must defend oceans as the heritage of all humankind and work together to protect seas against serious environmental harms. This Article develops a blueprint for targeted forms of international criminalization that would deter offshore ecological destruction. It defends international prosecutions for a range of oceanic environmental crimes, including marine pollution, illegal fishing, and seabed destruction caused by illegal trawling or deep-sea mining. Beyond theories of retribution or deterrence, global criminal prosecutions for environmental harms have expressive value during this time of climate crisis. International criminal convictions showcase humanity's shared concern for ocean life and marine environments. Criminalization of grave ocean harms would signal an ecocentric shift in international criminal law and aid multilateral efforts to protect marine environments and to promote new legal duties to nature. [ABSTRACT FROM AUTHOR]

The 2015 accession of Palestine to the United Nations Convention on the Law of the Sea (UNCLOS) has implications for the rights and obligations of Eastern Mediterranean States. Palestine's maritime entitlements under UNCLOS are almost two and a half times the land area of Gaza in the form of a territorial sea. Palestine's maritime sovereign rights may extend up to 200 NM offshore Gaza within the exclusive economic zone and continental shelf with tremendous economic potential. This article examines Palestine maritime claims under UNCLOS and the corresponding delimitation process. It argues that the application of UNCLOS in the East Mediterranean region may contribute to an equitable settlement of the conflict between Israel and Palestine. [ABSTRACT FROM AUTHOR]

This article examines the vulnerability of the law of the sea to grey-zone lawfare based on the maxim pacta sunt servanda, arguing that this rule can readily be employed as a means of lawfare. Through the broad lenses of (1) passage and operational rights in sovereign waters and (2) exclusive economic zone (EEZ) operational rights, the susceptibility to grey-zone lawfare stratagems and tactics based on both "different pacta" and "different servanda" claims are examined. To this end, the specific issues leveraged to illustrate these uses of the different available pacta strategies in grey-zone lawfare at sea are archipelagic sea lanes passage through neutral archipelagic waters, and due regard in respect of third state operational rights in the EEZ. The analysis of each of these contexts then facilitates assessment of the methodology and rule-source tactics that can be exploited when employing pacta sunt servanda as a means of lawfare in respect of grey-zone operations at sea. [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]

This article focuses on the legal status of coastal-deprived states. Its objective is to illustrate the rights of a state that is confined and geographically impacted within the exclusive economic zone's living wealth. Additionally, it aims to highlight international variations in the rights of a state that is confined and geographically affected within the exclusive economic zone, as established by the Third Conference on the Law of the Sea. The research focuses on establishing the legal definition of a locked-in state. The present study has adopted an analytical technique to examine the entitlement of states that are geographically impacted and trapped to exercise their right to participate in the welfare of living riches on the high seas. Numerous conclusions and recommendations have been derived, with the foremost being the necessity to revise the Convention on the Law of the Sea on the provisions concerning the status of states lacking beaches and geographically impacted states. This amendment is crucial in safeguarding their entitlement to utilize the open ocean and partake in all fishing, mobility, and exploration endeavors to extract minerals and sustain their livelihoods. [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]

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]

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]