Marine Law Research Articles

The Relationship of International Trade Law and International Environmental Law: Using Marine Law as the Point of Contact

The Relationship of International Trade Law and International Environmental Law: Using Marine Law as the Point of Contact

Scale‐sensitive marine law and policy design: Towards ecosystem‐based management across spatial and temporal scales

AbstractEcosystem‐based management (EBM) is promoted in scholarly literature and international policy as a way to improve marine ecosystem outcomes, through the integration of marine law and policies across sectors, communities, and scales. A legal and policy framework that supports EBM at appropriate temporal and spatial scales is fundamental to the successful deployment of EBM. However, marine management is typically fragmented and misaligned, with a range of laws, policies, governance institutions, and sectoral frameworks applying to different marine spaces and working on varying timescales. In this focus article, we draw on our comprehensive study of Aotearoa New Zealand's marine law and policy to analyze the challenges scale mismatches present for marine law and policy implementation, focusing on key policy areas across fisheries, environment, conservation, and Indigenous rights and interests. We identify key opportunities to better align marine law and policy to ecosystem scale dynamics, revealing critical lessons for the imperative of scale‐sensitive marine law and policy design, globally.This article is categorized under: Policy and Economics > Research and Development Policy and Economics > Governance and Regulation Climate and Environment > Ecosystem Services

Building the rule of law for maritime security in China: a domestic law perspective

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.

Abnormal Detection Method of Transship Based on Marine Target Spatio-Temporal Data

<p>Marine target situational awareness is developing towards intelligence. The practical application of marine law enforcement, route control, fishery supervision and other fields makes marine ship track mining and anomaly analysis a hot direction of technology development. At present, most of the research focuses on the feature recognition of single target or single target signal, while the research on correlation anomaly detection based on multi target or multi target signal is relatively less. In this paper, based on the large spatio-temporal data of ocean targets such as radar and AIS track, the corresponding recognition algorithm is designed for the abnormal transport behavior. The real-time batch detection of illegal transshipment is realized, which verifies the effectiveness of the algorithm and shows good performance in practical application scenarios.</p> <p> </p>

Contemporary Maritime Legal Framework of the Ship Salvage

Salvage operations have been an essential aspect of maritime law for centuries due to their critical role in averting the loss relating to life and property in our natural ecosystem following a maritime disaster. The Salvage Convention, enacted in 1989, is the primary international legal basis for salvage operations. This study examines the Convention and its bearing on current maritime law. In this essay, we'll go over what Salvage is, how it's regulated by law, and what the Convention's main provisions and principles are. Subsequently, a set of case studies is employed to scrutinize the pertinence of the Convention, with a focus on critical concerns and challenges within the sector. The study offers a meticulous evaluation of the Convention, a juxtaposition with alternative global legal structures, and suggestions for enhancement. The research results demonstrate that the Convention has significantly affected current maritime law and that further adjustments are required to address new problems and difficulties in the sector. The analysis concludes with implications for the current marine law system and recommendations for future research.

Designing Law and Policy for the Health and Resilience of Marine and Coastal Ecosystems—Lessons From (and for) Aotearoa New Zealand

Ecosystem-based approaches to marine management, which integrate marine law and policy across sectors, communities, and scales, are increasingly advocated for in international policy debates and scholarly literature. We highlight critical and timely opportunities in Aotearoa New Zealand’s evolving legal context to support an ecosystem-based approach across fisheries regulation, biodiversity conservation, environmental effects management, and Indigenous or customary rights. Given the scale of proposed law reform affecting the ocean in Aotearoa New Zealand, there are important global lessons to be elucidated from (and for) the Aotearoa New Zealand experience, revealing the potential for law to center the health of ocean ecosystems and related people in integrated marine decision making.

3-D Imaging Lidar Based on Miniaturized Streak Tube

Abstract Streak Tube Imaging Lidar (STIL), with advantages of non-scanning working mode, small distortion, high image framing rate, high resolution in low contrast environment, compact structure, easy miniaturization and high reliability, has a wide range of applications in military, aerospace, space confrontation, attack and defense, and marine law enforcement. This article introduces the principle of single-slit and multi-slit streak tube imaging lidar. It also introduces a single-slit general streak camera that can be used for imaging lidar. In addition, a multi-slit miniaturized streak tube with a single-lens focusing system with a total length of about 200 mm has been designed. The results of the 3D electromagnetic simulation show that the effective photocathode area of this streak tube reaches 36 mm × 36 mm, the temporal resolution is better than 50 ps, the dynamic spatial resolution can reach 12 lp/mm, and the whole photocathode can accommodate at least 19 slits in the effective detection range. The streak tube has a meshless structure, which is highly reliable. The streak tube can be used to increase the field of view of the imaging lidar system, improve the reliability, and achieve system miniaturization.

New model of maritime law enforcement for the empowerment of Indonesian marine agent security

<em>Law enforcement is very crucial for Indonesian safety in sea maritime. In many countries, the agency enforces maritime law. Mostly of legal international trade moves by seas and is illegally used by smugglers transporting prohibited substances or illegal migrant workers. Ships are also vulnerable to violence. Ships are robbed or hijacked, raising concerns that such attacks could finance terrorism or result in seized vessels being used as floating bombs to attack essential ports. The Indonesian Government may also have a strategic policy to prevent such illegal carriage by sea. It must have harmonies of the regulations state competing interest in exploiting and regulating maritime activities. This article will seek agencies to implement law, security, and safety at sea and review marine agencies. The agents are expected to avoid law enforcement in the sea, which is currently ineffective, causing competition between authority institutions or interests, all of which are detrimental to implementing the rule of law itself. In Indonesian shipping law, law enforcement of marine law is not only be handled by one department. Some regulations give different authority to any department to force the direction. So, there is no integration system to move the marine law if the law separates the sectoral approach that caused many law problems; one of them is an overlap in authority which tends to be a conflict of interest among them. Law enforcement at sea has particular characteristics and extraordinary scopes under the applicable legal regime in the sea area</em>

Research on the High-Quality Development of Approach to the Sea Economy

Marine economy is one of the important strategic directions of national development. In recent years, the high-quality development of my country's marine economy has made remarkable achievements, but at the same time it is also facing many problems. This paper takes the high-quality development of Xianghai economy as the research object, analyzes its development status and existing problems, and proposes corresponding solutions. Specifically, this paper discusses issues such as the development and utilization of marine resources, environmental protection, and industrial upgrading, and puts forward suggestions such as strengthening scientific and technological innovation, strengthening industrial cooperation, and promoting the construction of marine law, in order to provide reference for the high-quality development of my country's seaward economy.

Stakeholder perspectives on socio-economic challenges and recommendations for better management of the Aliwal Shoal Marine Protected Area in South Africa

Marine Protected Areas (MPAs) regulate human behaviour within their boundaries to support long-term conservation of marine ecosystems and associated human benefits. As complex socio-ecological systems, the success of MPAs is fundamentally reliant upon community and stakeholder engagement, support, and compliance. Using the Aliwal Shoal MPA in South Africa as a case study, 48 stakeholder interviews were conducted to explore perceptions of existing challenges and potential solutions relating to management of the MPA. Analysis identified several challenges including: i) non-compliance with existing laws; ii) insufficient marine law enforcement; iii) national corruption; iv) poor physical infrastructure, and v) perceived racially biased MPA regulations. To address these challenges, interviewees highlighted the following potential solutions: i) development of awareness raising initiatives to foster marine stewardship and support for the MPA; ii) improving the visibility of marine conservation and MPA management activities; iii) investing finances generated by the Aliwal Shoal MPA regulations (such as diving permit fees) directly into MPA management; iv) identifying and enhancing local skills and knowledge that could contribute to enhancing conservation activities; and v) exploring innovative technical solutions that can improve community awareness and compliance with MPA regulations. While not representative of the entire spectrum of stakeholders, this paper provides useful insights that can be used by national MPA implementing agencies, local management bodies and conservation organisations as they try to improve engagement with local stakeholders to optimise social, economic, and ecological benefits, and contribute to improved governance. Additionally, the paper contributes to the global call for improved communication and engagement with stakeholders about MPAs, especially considering the increased emphasis placed on protected areas for global conservation.

Upaya Memaksimalkan Kewang Laut Dalam Pelaksanaan Sasi Laut

Introduction: Efforts to Maximize Kewang Laut in the Implementation of Sasi Laut and as an Effort to Improve Professionalism of Kewang Laut and Sasi Laut, are one of the factors where the community's dependence in this case is related to the protection of kewang in supervising and maintaining marine biota in the marine area of the indigenous peoples.Purposes of Devotion: The purpose of this service is to provide understanding to the community regarding Sasi Laut and Kewang Laut, To strengthen public understanding regarding efforts to maximize kewang Laut in the implementation of Sasi Laut, To socialize and provide understanding to the community about the efforts that can be done in preventing violations of the sea. marine law violation. Method of Devotion: In accordance with the problems and objectives of this service, the type of research used is empirical research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The Problem Approach used is the Conceptual Approach, which is an approach in legal research that provides an analytical point of view of problem solving in legal research seen from the aspects of the legal concepts that lie behind it, or even can be seen from the values contained in the norm.Results of the Devotion: To create a customary law community that is good at utilizing its marine power, the role of kewang sea is needed in the implementation of sea sasi, so the right efforts to overcome the obstacles that hinder the process of optimizing kewang sea are: 1). increase a sense of love for Nature both sea and land. 2). Improving and Empowering Kewang Laut as a marine human resource. 3). Improving and Strengthening the role of kewang Laut. 4). Strengthening Security through Kewang Laut. Thus, the effort to maintain the role of the kewang Laut in its role and function is to be able to maintain and oversee marine biota or natural resources in the country which are the needs of indigenous peoples. For this reason, the customary institution which is the customary government must always be able to oversee every decision issued by the customary stakeholders.

LEGAL FRAMEWORK OF MARINE GENETIC RESOURCES: FILLING THE GAPS OF THE UNITED NATION CONVENTION ON THE LAW OF THE SEAS

Objective: We seek to understand the definition of marine genetic resources and marine biological resources, placing it in the historical context of narratives of international law of the sea. We seek to look into the content of common heritage of mankind towards MGRs. We seek to analyze the international legal framework of extraction and use of MGRs while securing easy access to them in accordance with the concept of common heritage of mankind. We seek to investigate the international legal regulation of biopiracy in legal research. The authors consider the importance of necessity to fulfil the lack of the universal definition of biopiracy in relation to MGRs in International Law of the Sea.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.Results: We found out that for the first time ever, the legal protection of the intangible MGR heritage belonging to indigenous peoples and local communities is going to be universally fixed by maritime law. The law will also establish a special mechanism to control the concerned parties’ access to this knowledge. The traditional knowledge of indigenous peoples falls within the definition of intangible cultural heritage. This fact raises a question about an overlap between the future Agreement and the Convention for the Safeguarding the Intangible Cultural Heritage. Though the sphere that is going to be regulated by the future Agreement is very specific, many of its provisions build upon the previously adopted international legal instruments like the UN Convention on the Law of the Sea, the Convention on Biological Diversity, and the IOC Criteria and Guidelines on the Transfer of Marine Technology. Moreover, the scope of the Agreement might overlap with the scope of other international instruments, which have nothing to do with marine law, marine ecology, and marine biodiversity, e.g. the Convention for the Safeguarding the Intangible Cultural Heritage. All the aforementioned aspects should trigger further studies of the legal framework of marine genetic and biological resources. The authors came to the conclusion to extend the concept of the common heritage of mankind to marine genetic resources and we found out the fact that the lack of international legal regulation of the extraction and use of marine genetic resources while securing facilitated access to them in accordance with the concept of the common heritage of mankind, which may lead to an increase in the commission of acts of biopiracy.Contributions: Following a review of the content, we raised possible problems, strategies, suggestions and guidelines for the marine genetic resources and biopiracy.The authors conclude that the implication of the principle of the common heritage of mankind to MGRs may further generate conflicts of law because it is impossible to imply this principle to the high seas. On top of it, the simplified access to MGRs together with the lack of protection of intellectual rights to MGRs and genetic information may result in the overexploitation of marine and oceanic resources as well as the spread of biopiracy. We also point out that it is necessary to find a balance between the freedoms of the high seas, the safeguard of MGRs, and the protection of intellectual property rights to genetic information or marine biotechnologies. The researches considered the distinction between the concepts of marine biological and marine genetic resources and revealed the problems of international legal regulation of the use of marine genetic resources. The authors conclude that generalization of the international legal framework for regulating the use of marine genetic resources needs legal improvement. The authors encourage the complement to the international legal regulation of the universal definition of marine genetic resources and biopiracy.

Marine pollution in Bangladesh-framing legal responses: A critical study

Marine life in the Bay of Bengal (BoB) region is under serious threat due to extreme ocean pollution and its impact. In Bangladesh, due to lack of environmental law in general and marine pollution law in particular, the seas and inland waterways are being rapidly polluted; the glory of BoB has already diminished and it is estimated that it will depreciate further in future from different sorts of marine pollution. In this context, our study has been conducted to examine national laws and regulations for the prevention of marine pollution in Bangladesh, and to establish their extent and effectiveness. Our inquiry has revealed that not all sorts of marine pollution are addressed by the existing laws of the country and effective measures are yet to be taken, although there are obligations to do so under constitutional and international law to ensure the well-being of marine life.

The Law of Marine Fishing: Challenges and Coping Strategies for Sustainable Marine Fishing in Ghana

Waters off the coasts of West Africa are very rich with many different types of fish and marine life. Some species like sardines, tuna, mackerel, tilapia and shrimps are important to many local communities and economies in West Africa. However, the current overfishing of these fish affects the sustainability of fishery industry. Despite Ghana ratifying to a number of international marine laws to ensure a sustainable marine fishing, there seem to be some challenges that are associated with marine fishing in Ghana. This paper further examines the strategies that have been employed by the fishing community and the fisheries ministry in Ghana as a response to restrictive measures for the challenges identified and discussed in literature. This paper is fundamentally an extensive review of marine fisheries literature. In general terms, it was found that, Ghana has ratified to a number of international marine laws including the UNCLOS.

Establishment and Optimization of Marine Resource Protection Legal System from a Global Perspective

Liu, Y.F., 2020. Establishment and optimization of marine resource protection legal system from a global perspective. In: Al-Tarawneh, O. and Megahed, A. (eds.), Recent Developments of Port, Marine, and Ocean Engineering. Journal of Coastal Research, Special Issue No. 110, pp. 5–9. Coconut Creek (Florida), ISSN 0749-0208.China has a vast sea area and abundant marine resources. The establishment and optimization of a protection mechanism and a law enforcement system for marine resource protection are necessary conditions for realizing sustainable development of marine resources in China. Based on an introduction of related concepts and economic theories of marine resources, this paper analyzed the current status of China's marine resource protection, legal protection mechanism and marine law enforcement system, and summarized the defects in current legal protection system. By investigating, referencing, and comparatively analyzing the marine resource protection laws of the United States, Japan, Canada and other countries, this paper gave a classification of the responsibilities of various behavioral actors in the protection of marine resources in China from a global perspective, and established a new law enforcement system from multiple aspects such as marine sovereignty, legal system, regulatory mechanism, and illegal development, etc. Targeting at the defects existing in the current legal system, the proposed system could achieve the optimization of the marine resource protection system. This paper innovatively studied the environmental protection of marine resources from the perspective of administrative law, and provided legal advices for instructing China's administrative agencies and environmental protection organizations at all levels to protect the marine resources of our country.

Research on Disaster Prevention Technology of Remote Sensing Image Segmentation of Ocean Big Data Platform Based on Internet of Things

In order to further improve the ability of disaster prevention and mitigation informatization, this article starts from the idea of comprehensive planning and construction, draws on the physiological principles of modern division of labor, and clearly coordinates the various components of the Internet of Things. The Internet of Things, big data, artificial intelligence and other information technologies, based on the Internet of Things-based ocean big data platform remote sensing image segmentation disaster prevention technology research theory, proposed a smart marine engineering construction plan, from the construction of the marine environment 3D monitoring system Ocean construction data platform, development of marine application systems, information standards and specifications, plan design and many other aspects. The platform’s remote sensing image segmentation disaster prevention technology covers marine environmental protection, disaster prevention and mitigation, islands, marine law enforcement, marine economy, marine fisheries and many other commercial fields. The research results have been practiced in the construction of smart oceans in many coastal provinces and cities in China, and have important reference significance for the construction of smart oceans in other coastal provinces and cities.

신한일어업협정의 체결과정에 대한 연구

In 1999, the New Korea-Japan Fisheries Agreement was made between Korea and Japan. This agreement was made because ｢UNCLOS III｣, effective in 1999, formed a new marine law order in the world and because it was necessary to revise the old Korea-Japan Fisheries Agreement made at 1995 in a large scale. At that time, it didn't reflect new marine law order. The official title of “the New Korea-Japan Fisheries Agreement” was ｢An Agreement about Fisheries between Korea and Japan｣, effective on January 22, 1999, by Treaty No. 1477. the New Korea-Japan Fisheries Agreement infringed the fisheries right wielded exclusively by Korea and Dokdo territorial sovereignty recognized predominately by Korea comparatively. So, the agreement was known to be failed by the scholars who criticized it and by the public. After the agreement was made, the opinions were divided by the scholars into two opinions, whether the agreement had a binding force concerning ｢Fisheries within agreed area｣ or ｢Fisheries within agreed area + dominium ｣. Even now, the opinions are divided so continuously. Those who assert the former are Korean government, Constitutional Court, and some scholars. They assert that the agreement is concerned on fisheries and not effective in Dokdo territorial sovereignty. They want the agreement to persist without termination. But, those who assert the latter express their points of view that the agreement had to be terminated (cancelled) and that new agreement had to be made. This study consents to the opinions of the latter. As for the bases, the fisheries agreement made in 1965 stipulated that 12 nautical miles exclusive fisheries zone of Dokdo was recognized from the baselines at the high seas. But, the New Korea-Japan Fisheries Agreement made in 1999 stipulated that only the territorial sea 12 nautical miles was recognized from joint regulatory water area where the governing rights of Korea and Japan were effective at the same level. This agreement doesn't recognized any exclusivity or special promise about the right of Korea. Therefore, this study considers Dokdo territorial sovereignty to be infringed. As for a core of this study, the New Korea-Japan Fisheries Agreement, under Kim Young Sam Government stipulated the unfavorable condition of Korea; exclusive economic zone was separated and provisional zone was accepted. As for Dokdo, exclusive waters zone was not recognized and only the right of the territorial sea 12 nautical miles was accepted. In fact, the two countries stipulated Dokdo within joint regulation waters zone and the governing right of Dokdo was put off. Under Kim Dae Jung Government, the subjects were agreed legally. In the conclusion process the New Korea-Japan Fisheries Agreement, there are no stipulation concerning which government is responsible for the agreement. Kim Young Sam Government made the agreement about basic matters, and Kim Dae Jung Government confirmed them. Afterwards, the matters were agreed legally. So, the progress of the agreement making is unclear.

Conceptualizing The Floating Court Based On E-Floating Court To Realizing Public Service The Justice System In The Fourth Industrial Revolution Era

As a maritime country with area of ​​5.9 million km2 with 6.4 million tons of fisheries resources. But with this potential there are still many crimes at sea, one of them is illegal fishing. To overcome various crimes at sea, the government provides the Shipping Court and the Fisheries Court which are expected to fulfill the legal needs of the sea, but in their implementation the two institutions are less than optimal. In the industrial revolution era 4.0, need a means to optimize public services in the justice system, especially in the maritime area. Based on the problem, we established the floating court based on e-floating court which is judicial institution to synergize the performance of shipping court and fisheries court in enforcement of marine law in Indonesia. In this study the authors used a juridical-normative research method.

Marine Salvage and Oil Pollution: A Critical Study

“Marine salvage” is considered as one of the most significant aspects of the marine law. The laws and regulations related to marine salvage are mainly embedded in the International Salvage Convention of 1989, which came into force on 14 July 1996. The vessels are not protected from the danger of the sea, and considerably the major enemies of the vessels are the structural problems with machinery and equipment. These accidents often cause the oil spillage resulting oil pollution in the deep sea. As a result, a salvage operation is often required to rescue the vessel and its property. However, the traditional principle i.e. “no cure no pay” was serious cause of concern for the salvors as they were not being able to recover their remuneration for the operation conducted if the concerned vessel was destroyed. Thus, the key purpose of this essay is to critically examine the changes that the international Salvage Convention and other related laws have been brought as regards to the way that marine salvage is carried out.

THE INFLUENCE OF NAVAL BASES ON LAW ENFORCEMENT AT SEA

Sea security operation is one duties the navy in enforce laws against criminal offences specified the sea. The Navy base is one part of the Integrated Fleet Weapons System which has the capability of sea security operations by optimizing and empowering the existing patrol elements including naval vessel and security Sea patrol in implementing law enforcement at sea. Limited ability and number of facilities patrol and control personnel who are not adequate compared to the extent of the working area of Naval Base causes the unoptimal implementation of law enforcement in the sea. Data collection is obtained from the survey results from the respondents of the operator who is a patrol element of the Naval Base and supported by interviews from the informant who is the Commander and Officer of operations in the Naval Base. The Data obtained next is processed using mixed methods Concurent Embeded where the quantitative method is processed with SPSS 25 Statistic and qualitative method is processed with NVivo 12 Plus implemented simultaneously. This research hypothesis is the sea security operation capability of Naval Base can be improved in implementing more optimal law enforcement, which is proven through data processing with SPSS 25 Statistic and the results of triangulation of data interviews with NVivo 12 Plus. The research is getting the end result that sea security operations have two factors, which are elements of patrol and personnel that influence the simultaneous enforcement of marine law by 89.5%, so that it deserves a priority increase in capability and amount and its patrol personnel in order to implement law enforcement in the upcoming seas.
 Keywords: Naval Force Base, Sea Security Operations, Law Enforcement at Sea, the Integrated Fleet Weapons System