Illegal Southern Ocean Fishing And Prompt Release: Balancing Coastal And Flag State Rights And Interests

2004 ◽  
Vol 53 (1) ◽  
pp. 171-187 ◽  
Author(s):  
Donald R Rothwell ◽  
Tim Stephens
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Sea Bed ◽  
The World ◽  
United Nations Convention ◽  
State Rights ◽  
And Control ◽  
High Seas

A feature of the new law of the sea introduced by the 1982 United Nations Convention on the Law of the Sea (LOS Convention),1 was the capacity for coastal states to assert vast maritime claims over waters adjacent to their coastlines. A continental shelf could be claimed out to a minimum of 200 nautical miles,2 while the newly recognized Exclusive Economic Zone (EEZ) also extended out to 200 nautical miles.3 The continental shelf had previously been recognized under the 1958 Geneva Convention on the Continental Shelf4 and so the extension of coastal state sovereign rights over the seabed and subsoil was consistent with already existing law of the sea principles. However the EEZ, which gave to coastal states sovereign rights over the living and non-living resources of the sea-bed and adjacent waters,5 was a new initiative of the LOS Convention and represents one of the most significant contemporary expansions of state sovereignty. By contrast with the extended continental shelf, which did not affect any significant pre-existing activities on the sea-bed, the new EEZ had a major impact upon fishing activities. As coastal states around the world eagerly proclaimed EEZs, waters previously considered high seas areas available for fishing6 were now within the reach of state fisheries’ jurisdiction and control. The result has been that under contemporary international law those waters available for the exercise of the high seas ‘freedom’ of fishing,7 have gradually been reduced. This new regime, in combination with parallel initiatives to regulate some aspects of high seas fishing activities, has meant that ‘legal’ fishing on the high seas is now subject to extensive regulation.

scholarly journals PENGATURAN SUMBER DAYA ALAM DI LANDAS KONTINEN SEHUBUNGAN DENGAN BERLAKUNYA KONVENSI HUKUM LAUT PBB 1982 KHUSUSNYA BAGI INDONESIA

Jurnal Hukum ◽  
1970 ◽  
Vol 25 (1) ◽  
pp. 516
Author(s):  
Munsharif Abdul Chalim
Keyword(s):  
Natural Resources ◽  
Continental Shelf ◽  
International Law ◽  
Oil And Gas ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
The World ◽  
Oil And Gas Resources ◽  
United Nations Convention ◽  
Shelf Region

Continental shelf is a relatively new concept in international law of the sea. Full authority and exclusive rights over natural resources located in the continental shelf region and its ownership is on the coastal state, where the meaning of this natural wealth is a source of minerals and other lifeless on the seabed and subsoil. Through the establishment of the United Nations Convention on the Law of the Sea 1982, as well as enactment of the provisions of the New Law of the Sea, Indonesia is an archipelagic state which is seen as a unified whole between the islands and waters. We realized the sea was rich in minerals mining goods that is priceless natural resources, which is expected to be able to fulfill the needs of the world if mineral resources on land are not sufficient or run out completely. In Indonesia, mostly consisting of ocean territory, surely have the very wide continental shelf, where there is a variety of natural resources, especially oil and gas resources. Hence it needs regulation for the natural resources utilization in the region.Keywords :  Continental Shelf, Natural Resources, Seabed and Subsoil.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

The Issues Concerning the Continental Shelf: Reflections

2015 ◽  
Vol 17 (1) ◽  
pp. 95-115 ◽  
Author(s):  
Anthony Lucky
Keyword(s):  
Natural Gas ◽  
United Nations ◽  
Continental Shelf ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Technological Advancement ◽  
Exploration And Exploitation ◽  
Oil And Natural Gas ◽  
United Nations Convention ◽  
The Law

The concept and the process of development of the regime of the continental shelf began in the 1930s when the exploration for oil and natural gas extended to the submarine areas of some coastal states. An orderly process was prescribed in the Gulf of Paria Treaty of 1942. The doctrine of the Continental shelf received an impetus in the Truman Proclamation of 1945. In light of the unilateral declarations by coastal states, and to ensure an orderly process, States concluded the 1958 Geneva Convention on the Law of the Sea. The 1982 United Nations Convention on the Law of the Sea codified the existing laws and is still in force. In this age of rapid technological advancement, the law has provided the necessary guidelines and controls for orderly exploration and exploitation in the continental shelf and will continue to keep abreast of technological advancement.

The Geneva Convention on the Continental Shelf: A First Impression

1958 ◽  
Vol 52 (4) ◽  
pp. 733-738 ◽  
Author(s):  
Richard Young
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Great Effort ◽  
First Impression ◽  
The Subject ◽  
The United Nations ◽  
The Law

The Convention on the Continental Shelf, adopted at Geneva on April 26, 1958, by the United Nations Conference on the Law of the Sea, represents the first great effort to determine by an act of international legislation the scope of the continental shelf doctrine in international law. The fact that the Convention was finally approved by a vote of 57 to three, with only eight abstentions, is evidence both that a need for rules on the subject was generally felt and that the rules embodied in the Convention were considered on the whole acceptable.

scholarly journals TINJAUAN ANALIS ATAS PENGATURAN WILAYAH LANDAS KONTINEN DENGAN BERLAKUNYA KONVENSI HUKUM LAUT PBB 1982

2016 ◽  
Vol 3 (1) ◽  
pp. 54
Author(s):  
Munsharif Abdul Chalim
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Geneva Convention ◽  
Developed Countries ◽  
Law Of The Sea ◽  
Shelf Area ◽  
The Status ◽  
The Law ◽  
Continental Shelf Area ◽  
The Developed Countries

Before the entry into force of UNCLOS 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on Law of the Sea 1958, which was implemented by Law No. 1 of 1973. The setting through 1958 Geneva Convention on Law of the Sea benefit for the developed countries only that have the advance technology. To be able to realize the regulating of the use of the continental shelf that is equitable, it is necessary to rebuild or reconstruct the form of national law Act No. 1 In 1973 and international law in the form of the Geneva Convention on Law of the Sea 1958. Two things to note in this reconstruction is the reconstruction of value and the reconstruction of law or settings. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Year 1958. Several agreements with neighboring countries are being held between the years 1969-19972, of course it is very detrimental to the Indonesia Government. Through reconstruction of national law, in this case the Law No. 1 of 1973, adjusted to international law, namely UNCLOS 1982 is expected that the  regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is necessary to remember that there is a difference in perception between the Law No. 1 of 1973 with the UNCLOS 1982 in the matter of setting the area of the continental shelf.

scholarly journals Odpowiedzialność państw za szkody wyrządzone w środowisku morskim

2019 ◽  
pp. 191-202
Author(s):  
Janina Ciechanowicz-McLean
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Effective Action ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
International Law Commission ◽  
And Control ◽  
Law Commission

The States’ responsibility is a fundamental institution of international law. The International law Commission – IlC expressed that in the Articles on responsibility of States for International Wrongful Acts. The principles and rules governing States are more clear and certain because they are set out in the United Nations Convention on the Law of the Sea – UNCLoS. UNCLoS and the Articles of ILC provide mechanisms to hold States respon- sible if they fail to fulfil their obligations to prevent, reduce and control pollutions of the marine environment. The dispute settlement procedures in UNCLoS provide remedies for an effective action that are not available in most fields of transboundary pollution.

The Continental Shelf Regime in the Law of the Sea Convention: A Reflection on the First Thirty Years

2012 ◽  
Vol 27 (4) ◽  
pp. 743-751 ◽  
Author(s):  
Ted L. McDorman
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Geneva Convention ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Outer Limit ◽  
United Nations Convention ◽  
The Law

Abstract The international legal regime of the continental shelf was largely adopted in the 1982 United Nations Convention on the Law of Sea without change from that in the 1958 Geneva Convention on the Continental Shelf. What was added in the 1982 Convention was that all States have a legal shelf out to 200 nautical miles (nm) and that beyond 200 nm there is a formula and process for States to establish their outer limit of the shelf. Amongst the several developments that have taken place in the last 30 years respecting the continental shelf regime noted in this article, the most surprising is the number of States that have indicated that they have an area of shelf beyond 200 nm, which far exceeds the number of States seen in 1982 as having such a possibility.

The law of the sea: some reflections on Caracas

1975 ◽  
Vol 1 (1) ◽  
pp. 20-26
Author(s):  
D O'connell
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Conference ◽  
Long Period ◽  
The World ◽  
The Law ◽  
Geneva Conference ◽  
High Seas

The biggest and most complicated international conference of all time began in Caracas in mid 1974 and after a ten weeks session was adjourned to meet again in Geneva for a similar period in 1975. The purpose of the conference is to recodify the Law of the Sea, with the aim of reconciling the competing maritime interests of nations and restraining growing international tension over the uses of the sea and the seabed. It is indicative of the pace of the world we live in that this vast diplomatic undertaking has been found necessary only fifteen years after the 1958 Geneva Conference on the Law of the Sea. That Conference thought it was codifying and stabilizing the rules of law for a long period, if not in perpetuity, in respect of the freedom of the high seas, the rights of coastal States in the territorial sea and to the continental shelf, and conservation of fisheries.

Fisheries under the United Nations Convention on the Law of the Sea

1983 ◽  
Vol 77 (4) ◽  
pp. 739-755 ◽  
Author(s):  
Shigeru Oda
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishery Resources ◽  
Full Control ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
High Seas

Under the traditional rules of international law, the sea was divided into the high seas and the territorial seas and in each case different rules and regulations obtained. As for the exploitation of fishery resources, the coastal state possessed unquestioned rights to regulate any such exploitation within its territorial sea and to apply its domestic legislation fully to any person engaged in such activities. Similarly, the coastal state was free to prohibit fishing by foreigners in its territorial sea and thus to monopolize those fishery resources. On the high seas, however, no state was allowed, at least in principle, to impose its jurisdiction upon any foreign vessel, since fishing on the high seas fell under the general regime of the high seas. The existence of these two disparate regimes, namely, exploitation under the full control of the coastal state and exploitation free from interference by any country, was a fundamental presumption underlying the exploitation of fishery resources.

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