Areas Of National Jurisdiction Research Articles

Construction of in situ Access System for Marine Genetic Resources Beyond National Jurisdiction

The international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ agreement) being negotiated, there has been a great controversy over which regime should be followed for in situ access to marine genetic resources (MGRs) beyond national jurisdiction. System of free access is not conducive to the tracking of MGRs, and licence system may undermine the innovative capacity of research institutions because of the complexity of the procedures. Since in situ access to genetic resources is marine scientific research (MSR), the notification system for marine scientific research could be used to construct a regime for in situ access to MGRs beyond national jurisdiction. The adoption of an implied consent system and the use of the International Seabed Authority (ISA) and clearing-house mechanism as an approval body will help to improve the establishment of a system for in situ access to MGRs.

Authority in Ocean Governance Architecture

In this article, we demonstrate that the ocean is a space of politics and explore the what, who, and how of ocean governance. We first sketch the governance architecture and examine challenges and shortcomings concerning political authority. Starting from a definition of “ocean governance,” we highlight that two fundamentally different regulatory approaches are applied to the ocean: a spatial ordering on the one hand and a sectoral segmentation on the other. States are the central actors regulating the use and protection of marine areas, but state sovereignty is stratified, with diminishing degrees of authority farther from the shoreline. As vast marine spaces are beyond the exclusive control of any given territorial state, political authority beyond areas of national jurisdiction must first be created to enable collective decision-making. Consequently, a multitude of authorities regulate human activities in the ocean, producing overlaps, conflicting policies, and gaps. Based on recent contributions to the fast-growing ocean governance research field, we provide a thematic overview structured along the dimensions of maritime security, protection of the marine environment, and economics to unveil patterns of authority in ocean governance.

OCEAN LAW IN TIMES OF HEALTH EMERGENCY: DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR OF OVEREXPLOITATION

The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found some essential biomedical breakthroughs derived from hydrothermal vents involved in treating disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical discoveries pressure the International Seabed Authority (ISA) into strengthening its global rules on mining exploitation beyond areas of national jurisdiction (ABNJ). This paper presents a general evaluation of the existing legal system of deep seabed mining. It highlights that, increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation, pressuring the international order for a more coherent and effective mining exploitation system for the next decade. The analysis of international legal frameworks for the Law of the Sea is notable. However, there are still substantial gaps in deep seabed mining’s global governance, expected to commence soon, as ISA rushes to approve a new international mining code. The result supports a transparent mining exploitation process in ABNJ, facilitating cooperation between sectors and between countries, fostering equitable sharing, and preserving the fragile ecosystem.

The myth of mermaids and stewardship of the seas

ABSTRACT Mermaids have become increasingly present in popular culture. At the same time as this mermaid renaissance, states have been negotiating a new international legally binding instrument on the sustainable use and conservation of marine biodiversity in areas beyond national jurisdiction. Faced with increased pressures on ocean ecosystems—fisheries depletion, ocean acidification and plastics pollution—urgent action is required to remedy gaps in the current regime. However, although the problems with this regime are well rehearsed—it is fragmented and based a fictionalised account of ocean space that does not accurately reflect the ecological complexities of the seas and there appears to be little appetite for the root and branch changes necessary to remedy these problems. In appealing to the transnational mythology of mermaids, I seek to reinvigorate calls for a more ecologically sensitive narrative of the seas that will better protect marine biodiversity both within and beyond areas of national jurisdiction.

The Myth of Mermaids and Stewardship of the Seas

Mermaids have become increasingly present in popular culture. At the same time as this mermaid renaissance, states have been negotiating a new international legally binding instrument on the sustainable use and conservation of marine biodiversity in areas beyond national jurisdiction. Faced with increased pressures on ocean ecosystems – fisheries depletion, ocean acidification and plastics pollution – urgent action is required to remedy gaps in the current regime. However, the new agreement is bound by a commitment not to undermine the existing framework. From the perspective marine biodiversity protection this is problematic, the existing framework is based on a fictionalized account of ocean space that does not accurately reflect the ecological complexities of the seas. Through the mythology of mermaids, I seek to establish a more ecologically sensitive narrative of the seas that will better protect marine biodiversity both within and beyond areas of national jurisdiction.

DETERMINATION OF CRITICAL COMPONENTS FOR NAVIGATION RADAR USING FUZZY FMEA AND TOPSIS

In determining the critical components and repair priorities, traditional FMEA still have weaknesses, which puts the traditional FMEA factor severity, occurance and detection at the same level of importance, despite the fact that have different levels of interest and importance weight FMEA assessment teams are ignored. In this study integrated fuzzy method in which the FMEA factor severity, occurance and detection assessed in the form of linguistics. At this fuzzy method, the weight of the assessment team FMEA interests are taken into account. To do perangkingan and priority repair used method Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) based on criteria such as level of risk, economic costs, availability of spare parts, maintenance of economic safety and personal abilities. Application of Fuzzy and TOPSIS method in the FMEA to determine the critical components and priorities of the various alternative repair elected to damage components applied to Sperry Marine Navigation Radar system, which is expected by the application of this method can improve operational performance KRI to keep the areas of national jurisdiction

National Security Considerations for a Binding Instrument on Managing Biodiversity Beyond National Jurisdiction

The effort to negotiate and adopt a legally binding instrument to manage marine biodiversity beyond areas of national jurisdiction (BBNJ) implicates national security interests both directly and tangentially. First, negotiations for any agreement will contend with the long-standing concept that the oceans are reserved for “peaceful purposes.” The maritime powers will insist that the concept, which reflects customary law and the practice of virtually all states, does not demilitarize the oceans. Second, any BBNJ treaty must overcome two interrelated spatial issues: the geographic parameters of what constitutes “areas beyond national jurisdiction” when those maritime boundaries are often uncertain, and how measures to protect the environment interact with military activities in those areas. Naval powers will insist that requisite marine protected areas (MPAs) and associated protective measures do not diminish naval freedom of navigation and other military uses of the sea. Third, BBNJ negotiations will be compelled to address how a new treaty will relate to the United Nations Convention on the Law of the Sea (UNCLOS), a host of other treaties, and customary norms. Imperfect as the contemporary global order of the oceans is, major maritime powers and even middle powers will seek to protect it and resist efforts at radical change that may destabilize existing regimes in pursuit of an ephemeral gain for BBNJ. This strategic interest in international stability, while understandable, unintentionally creates inertia that is likely to frustrate the most progressive proponents of BBNJ. Fourth, more broadly, any treaty is likely to affect marine ecosystem services and perhaps marine genetic resources (MGR), which help propel the “blue economy” and undergird national security. We may expect most coastal states to continue to jealously protect their exclusive rights to the living and nonliving resources offshore, and even to propose expansion of those rights and jurisdiction to “adjacent areas.” The most developed states, for their part, are unlikely to agree to any text that diminishes their rights to intellectual property related to marine biotechnology, which is a strategic sector for bio-weapons research and defense. In short, states with advanced military capabilities, and major maritime powers in particular, are unlikely to support more than incremental change to the regimes reflected in UNCLOS.

Opportunities for improving global marine conservation through multilateral treaties

The speed and scale of human impacts on marine species, such as climate change and exploitation for international markets, coupled with a poor regulatory regime and lack of enforcement, make it especially difficult to protect marine species beyond areas of national jurisdiction. Yet as the number of multilateral treaties continues to grow, the declining state of the world's oceans suggest that these treaties are largely failing to fulfill their missions and achieve meaningful protection. Here, an analysis of all multilateral treaties governing activities related to oceans is provided. A range of issues is examined including efficacy, geographic and taxonomic distribution, and other factors that facilitate or inhibit conservation. Since 1882, 103 countries have signed 265 multilateral treaties related to the management of marine resources. The majority of treaties (51%) deal with fisheries, 30% deal with pollution, 4% marine mammals and 15% deal with other topics. In terms of factors that may predict efficacy, 65% of marine treaties have secretariats, 50% have scientific mandates, and 13% have enforcement mechanisms; only 9% have all three. Given the context of the United Nations General Assembly's new commitment to manage human activity and its impact on common resources on the high seas, it is important to understand the strengths and weaknesses – individually and cumulatively - of existing binding marine agreements.

Áreas marinas protegidas en la alta mar: perspectivas y desafíos en el contexto del derecho internacional

The paper reviews a topic of recent interest in the context of international law such as the designation of marine protected areas in the high seas. To that end, the author analyzes the importance of marine conservation in the global management of ocean resources, explores the recent developments related to the designation of marine protected areas in the high seas within the framework of the current international legal order and gives his views on the growing trend of establishing the aforesaid protected areas. Likewise, the paper briefly reviews the main international instruments and processes related to the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction.

PERANAN DAN KEDUDUKAN TENTARA NASIONAL INDONESIA (TNI) DI DALAM RANCANGAN UNDANG-UNDANG KEAMANAN 102 NASIONAL DI TINJAU DARI PERSPEKTIF POLITIK HUKUM DI INDONESIA

The formation of the armed forces in modern States intended to protect and defend the sovereignty of the State and the Nation State. But in reality, there are some inherent in expanding the role of the armed forces. The research method using normative juridical approach with The data collection methods focus on literature study materials secondary law. The results obtained are 1) The nature of national security are all efforts quickly, gradual and integrated by empowering all national forces to create security and stability through a system of national security, national security objectives, aims to create a safe condition of the nation and the Unitary State of the Republic of Indonesia physically and psychic each individual citizen, the people, the government and the State, in order to protect national interests, and delivery functions of national security is to: Establish, maintain, and develop a system of national security as a comprehensive, integrated, focused and realize all areasof national jurisdiction as a unified national security. 2) Politics of law contained in the preparation of a draft law of national security The main objective is to realize a safe condition of the nation and the State unitary Republic of Indonesia physically and psychologically every individual citizen, the people, the government and the State, in order to protect national interests.

Shaping an international agreement on marine biodiversity beyond areas of national jurisdiction: Lessons from high seas fisheries

A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices.

Results of efforts by the Convention on Biological Diversity to describe ecologically or biologically significant marine areas.

In 2004, Parties to the Convention on Biological Diversity (CBD) addressed a United Nations (UN) call for area-based planning, including for marine-protected areas that resulted in a global effort to describe ecologically or biologically significant marine areas (EBSAs). We summarized the results, assessed their consistency, and evaluated the process developed by the Secretariat of the CBD to engage countries and experts in 9 regional workshops held from 2011 to 2014. Experts from 92 countries and 79 regional or international bodies participated. They considered 250 million km(2) of the world's ocean area (two-thirds of the total). The 204 areas they examined in detail differed widely in area (from 5.5 km(2) to 11.1 million km(2) ). Despite the initial focus of the CBD process on areas outside national jurisdiction, only 31 of the areas examined were solely outside national jurisdiction. Thirty-five extended into national jurisdictions, 137 were solely within national jurisdictions, and 28 included the jurisdictions of more than 1 country (1 area lacked precise boundaries). Data were sufficient to rank 88-99% of the areas relative to each of the 7 criteria for EBSAs agreed to previously by Parties to the CBD. The naturalness criterion ranked high for a smaller percentage of the EBSAs (31%) than other criteria (51-70%), indicating the difficulty in finding relatively undisturbed areas in the ocean. The highly participatory nature of the workshops, including easy and consistent access to the relevant information facilitated by 2 technical teams, contributed to the workshop participants success in identifying areas that could be ranked relative to most criteria and areas that extend across jurisdictional boundaries. The formal recognition of workshop results by the Conference of Parties to the CBD resulted in these 204 areas being identified as EBSAs by the 196 Parties. They represent the only suite of marine areas recognized by the international community for their greater importance for biodiversity it is their importance for biodiversity itself not conservation as process explicitly excluded management issues than their surroundings. This comes at a critical juncture in negotiations at the UN that will consider developing a new implementation agreement under UN Convention of the Law of the Sea to support the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. The EBSA description process is a good example of how to bring the international community together to build a shared understanding of which ocean areas are particularly valuable to biodiversity.

Ocean governance: strengthening the legal framework for conservation of marine biological diversity beyond areas of national jurisdiction

ABSTRACTMarine ecosystems are a rich source of biodiversity, and healthy oceans are integral to the well-being of the ecosystem. Marine biological diversity, which is unique, is, however, unprotected and is threatened by various stressors on the oceans. The paper outlines the existing ocean governance framework and analyses the gaps and limitations in addressing the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ). It discusses the ongoing mechanisms to address issues related to BBNJ, presents the deliberations and arguments and explores the nature of future agreement for protection of marine biological diversity in areas beyond national jurisdiction. The way ahead for strengthening of institutional arrangements to address existing ocean governance gaps is also discussed. The paper concludes that there is a need for further international cooperation and global support for ensuring conservation of BBNJ.

International Environmental Governance and the Final Frontier: The Protection of Vulnerable Marine Ecosystems in Deep-Sea Areas beyond National Jurisdiction

The ecological health of the global oceans, and their continued ability to withstand a pervasive and ever-increasing array of anthropogenic pressures, represents an enduring cause for scientific and regulatory concern. In recent years, concerted international attention has been focused towards promoting the conservation and sustainable use of marine biological diversity located in areas beyond national jurisdiction (ABNJ). Most tangibly, in 2015, the United Nations General Assembly (UNGA) adopted a resolution1 confirming an intention to develop an internationally legally binding instrument (ILBI) under the framework of the 1982 UN Convention on the Law of the Sea (UNCLOS)2 to advance the regulation of ABNJ.3 This was preceded by an extensive series of meetings convened between 2006 and 2015 by the Ad Hoc Open-Ended Informal Group to study issues related to the conservation and sustainable management of marine biological diversity beyond areas of national jurisdiction (BBNJ), which was established under an earlier UNGA resolution4 and which identified four key themes to be addressed through the ILBI. Respectively, these themes encompass marine genetic resources; area-based management tools; environmental impact assessments; and capacity building and the transfer of marine technology,5 which were all considered to have been under-regulated within UNCLOS. Pursuant to Resolution 69/292, a Preparatory Committee held four meetings between 2016 and 2017 to identify points of convergence and divergence between the participants6 and to facilitate the elaboration of the ILBI when negotiations commence in earnest in 2018.7 Assuming satisfactory progress, the ILBI is intended to be concluded in 2020 as the third formal implementing agreement to UNCLOS.8

Marine biological diversity beyond areas of national jurisdiction

Marine biological diversity beyond areas of national jurisdiction

Chinese Practice in Public International Law: 2012

This Survey covers materials reflecting Chinese practice in 2012 relating to: I. Fundamental principles of international law; II. Rule of law at the national and international levels; III. Sources of international law (provisional application of treaties; formation and evidence of customary international law); IV. Recognition of new States and governments (Palestine; Kosovo; the new Libyan government); V. Jurisdiction and immunity (Supreme People's Court's interpretation of the Second Amendment to the 1979 Criminal Procedural Code; Case concerning the 5 October Massacre in Mekong River committed by Sai Naw Kham, Hsang Kham, Yi Lai, Zha Xika, Zha Bo and Zha Tuobo); VI. China's territorial integrity (Taiwan; Tibet; China–India agreement on the establishment of a working mechanism for consultation and co-ordination on India–China border affairs; Diaoyu Island and its affiliated islands; Huangyan Island; Xisha Islands; Nansha Islands; Establishment of Sansha Municipality); VII. Polar regions (Arctic Council); VIII. International Law of the Sea (Baselines of the territorial sea adjacent to Diaoyu Dao and its affiliated islands; Selection, defininition and protection of the Protection Scope of Territorial Sea Base Points; Submission to the Commission on the Limits of the Continental Shelf in part of the East China Sea; Revised Regulations on Administration of Coastal Border Security of Hainan Province; Suyan Rock; Okinotori Reef; Marine environment; Marine biodiversity beyond areas of national jurisdiction; Sustainable fisheries; Commission on the Limits of the Continental Shelf; International Seabed Authority; International Tribunal for the Law of the Sea; Fight against piracy); IX. International law on outer space (Militarization of and arms race in outer space; Space debris; International co-operation in peaceful uses of outer space); X. Aliens (Act on Administration of Exit and Entry; 72-hour visa-free travel to Beijing and Shanghai; Draft articles on expulsion of aliens; Refugees); XI. International human rights law (Human rights and the principle of non-interference of internal affairs; Human rights, politicization and double Standards; Human rights and national conditions; Right to survival and right to development; Human security; Discrimination and racism; Right to self-determination; Rights of indigenous peoples; Initial report under the Convention on the Rights of Persons with Disabilities; The Second Amendment to the 1979 Criminal Procedural Code; Act on Administration of Exit and Entry; Work of UN Secretariat in human rights; Office of the High Commissioner for Human Rights; Human Rights Treaty bodies and their reform); XII. International humanitarian law (protection of civilians in armed conflicts; Fourth Annual Session of Chinese National Committee of International Humanitarian Law; Litigation of Chinese victims against Japan before a court in Chongqing; Legal advisers in Chinese armed forces); XIII. International law on disasters (Strengthening of the co-ordination of humanitarian and disaster relief assistance of the UN, including special economic assistance); XIV. International law on arms control, disarmament and non-proliferation (Nuclear disarmament; Mongolia's nuclear-weapons-free status; Chemical Weapons Convention; Biological Weapons Convention; Amended Protocol II to the Convention on Conventional Weapons (CCW); Ottawa Convention; Anti-vehicle landmines; International humanitarian de-mining assistance; Protocol V to the CCW (ERW); China–Laos Memorandum of Understanding on the Provision of Assistance of China to the Laotian Victims of Cluster Munitions; Arms Trade Treaty; Cyber weapons; Conference on Disarmament); XV. International Criminal Law (International Criminal Court; ICTY and ICTR; Scope and application of universal jurisdiction; UN Comprehensive Convention against Terrorism; UN Convention against Transnational Organized Crime; UN Convention against Corruption; Cyber crime; Trafficking in cultural property); XVI. International environmental law (Joint Declaration of the Moscow Meeting on Inclusion of International Civil Aviation in the EU-ETS; Directive on Prohibition from Participating in EU Carbon Emission System; Protection of atmosphere; Effects of atomic radiation; Use of water resources of cross-border rivers); XVII. Law on diplomatic and consular relations (Vienna Convention on Diplomatic Relations; The CHEN Guangcheng incident; The WANG Lijun case); XVIII. International law on international organizations (The reform of the UNSC; Sanctions imposed by the UNSC; The working methods of the UNSC; UN Peacekeeping operations; Regulation on Participation of People's Liberation Army in UN Peacekeeping Operations (Provisional Application); Inter-mission co-operation of UN peacekeeping operations; Scale of assessments for the apportionment of the expenses of the UN); XIX. International law on settlement of disputes (International Court of Justice; Unilateral sanctions imposed by a State against another State).

Chinese Practice in Public International Law: 2011

This Survey covers materials reflecting Chinese practice in 2011 relating to: I. Fundamental principles of international law (principles of non-use of force; principle of peaceful settlement of international disputes; principle of non-intervention of internal affairs; rule of law at the national and international levels); II. International law of treaties (reservations to treaties; effects of armed conflicts on treaties); III. Recognition of new states and governments (Republic of South Sudan; Libyan National Transitional Council); IV. State immunity; V. China's territorial integrity (Taiwan; Tibet; China–India border issue; Diaoyu Island and its affiliated islands; Nansha Islands); VI. Polar regions (Antarctic; Arctic); VII. International law of the sea (general position; Chunxiao oil and gas field in East China Sea; South China Sea; China–Vietnam Agreement on Basic Principles Guiding Settlement of Sea Issues; marine environment; marine biodiversity beyond areas of national jurisdiction; sustainable fisheries; Commission on the Limits of the Continental Shelf; International Seabed Authority; International Tribunal for the Law of the Sea; Somalia piracy); VIII. International law on outer space; IX. International human rights law (General position; rights of the child; Human Rights Council; Implementation of human rights instruments); X. International humanitarian law (protection of civilians in armed conflicts); XI. International law on disasters (protection of persons in the event of disasters); XII. International law on arms control, disarmament and non-proliferation (general position; Protocol to the Southeast Asia Nuclear-Weapon-Free Zone Treaty; abandoned Japanese chemical weapons in China; landmines); XIII. International criminal law (International Criminal Court; the Bashir case; Mr. LIU Daqun elected as judge of international residual mechanism for criminal tribunals; UN Special Tribunal for Lebanon; scope and application of universal jurisdiction; immunity of state officials from foreign criminal jurisdiction; measures to eliminate international terrorism; decision on issues concerning strengthening anti-terrorism work; ratification of China–Russia Agreement on Cooperation in Fighting against Terrorism, Separatism and Extremism; UN investigation of war crimes in Sri Lanka; law enforcement cooperation along the Mekong River among China, Laos, Myanmar and Thailand; Bilateral Treaty on Extradition and Treaty on Assistance in Criminal Matters with Italy; transfer of a British suspect of pornographic crimes to the United Kingdom; transnational organized crime; international drug control; international code of conduct for information security); XIV. International environmental law (climate change; joint statement on EU's inclusion of aviation into EU emission trading scheme between China and Russia; effects of atomic radiation; use of water resources of cross-border rivers); XV. International law on international organizations (responsibility of international organizations; role of UN and its reforms; UN financing; UN peacekeeping operations; Mr. HUANG Huikang elected as member of the International Law Commission; establishment of Trilateral Cooperation Secretariat; ratification of the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia); XVI. International law on settlement of disputes (International Court of Justice (ICJ); Ms XUE Hanqin elected as member of the ICJ).

Marine Protected Areas Beyond Areas of National Jurisdiction: What's Mine is Mine and What You Think is Yours is also Mine

The article analyses the progress and challenges related to the establishment of marine protected areas (MPAs), in particular beyond national jurisdiction, in light of relevant global goals. A number of myths related to MPAs are highlighted, as well as issues of a legal and institutional nature that have arisen recently as a result of proposals to establish MPAs beyond national jurisdiction. In particular, the article focuses on issues relating to the establishment of these MPAs as they relate to the on‐going process of establishment of the outer limits of the continental shelf of coastal States pursuant to the United Nations Convention on the Law of the Sea.

Chinese Practice in Public International Law: 2008

This Survey covers materials reflecting Chinese practice in 2008 relating to: I. Fundamental Principles of International Law (Five Principles of Peaceful Coexistence; Respect of State Sovereignty and Territorial Integrity; NonIntervention of Internal Affairs; Peaceful Settlement of International Disputes); II. International Peace and Security (Fight against Terrorism; Women, Peace and Security; The Zimbabwe Situation; The Darfur Situation in Sudan; The Kosovo Issue); III. International Law on Disarmament and Arms Control (Nuclear Disarmament and Non-Proliferation; Chemical Weapons; Biological Weapons); IV. International Law on Recognition (Kosovo; South Ossetia and Abkhazia); V. China’s Territorial Integrity and Boundaries (Taiwan; Tibet; Xisha Islands and Nansha Islands; Diaoyu Islands; China‐Russia Boundary; China‐India Boundary); VI. International Law of the Sea (Delimitation of the East China Sea; Delimitation of the Outer Limits of Continental Shelf Beyond 200 NMs; Straits Use for International Navigation; Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction; International Seabed Authority; International Tribunal of the Law of the Sea (ITLOS); China’s Convoy Fleet in Somalia Coast); VII. International Law on Outer Space (Peaceful Use of Outer Space; Anti-Satellite Weapons); VIII. International Law on the Treatment of Aliens (Frontier Health and Quarantine; North Korean Asylum-seekers in China); IX. International Law on Human Rights (Rule of Law; Death Penalty; Rights of the Child; Women’s Rights; Torture; Rights of the Persons with Disabilities; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); X. International Humanitarian Law (Children in Armed Conflict; Landmines; Explosive Remnants of War; Cluster Munitions; Tear Gas; Right of Individual Claims for Violations of International Humanitarian Law; Search of US soldiers remains in China and North Korea); XI. International

Global overview of straddling and highly migratory fish stocks: The nonsustainable nature of high seas fisheries

This article presents a global overview of the efforts undertaken by coastal states, distant water fishing nations, and regional organizations to manage high seas fisheries following extension of jurisdiction and the 1982 United Nations Convention on the Law of the Sea. In particular, the article examines the management and conservation of those stocks defined under Article 63 of the convention as “straddling”; fish stocks, occurring both within areas of national jurisdiction and in the high seas area beyond and adjacent to the exclusive economic zone; and “highly migratory species,”; defined to include tuna and tuna‐like species, whose migration patterns cover vast expanses of ocean space. The inability of coastal and distant water fishing states to cooperate in the management and conservation of these resources has led to unsustainable fishing and collapse of many stocks. As a result the United Nations has convened an international Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.