Sea Border Research Articles

DEVELOPMENT OF MIGRATION PROCESSES IN EUROPE AND UKRAINE

Розглянуто проблему сучасної міграційної кризи в країнах ЄС, основні загрози безпеки зовнішніх кордонів ЄС та загострення міжетнічних конфліктів. Проаналізовано сучасну міграційну політику країн ЄС, розкрито основні підходи до вирішення міграційних проблем, висвітлено проблеми інтеграції мігрантів у європейські суспільства, заходи, які застосовують окремі європейські держави у боротьбі із нелегальною міграцією, а також наголошено на необхідності вдосконалення сучасної міграційної політики країн ЄС, розробки нових умов та принципів адаптації мігрантів, що застосовуватимуться Україною. Відзначено, що прагнення України стати рівноправним членом світової та європейської спільноти вимагає від нашої держави неухильного дотримання міжнародних угод та стандартів у сфері захисту прав людини, одним з яких є свобода вільного переміщення громадян. Україна, в силу свого геополітичного розташування, стала транзитною країною для багатьох шукачів кращого життя. У цьому потоці певний відсоток становлять люди, що змушені шукати притулок. Ці люди не можуть розраховувати на захист своїх урядів, і в цьому відрізняються від інших мігрантів, у яких би тяжких умовах ці мігранти не знаходилися, а також від інших груп людей, які мають потребу в гуманітарному захисті. Також автор намагається проаналізувати питання нелегальної міграції до країн європейського континенту, що було викликано і спровоковано напливом біженців із територій, де активно ведуться військові дії та масові збройні конфлікти; робиться спроба висловлення пропозицій та шляхів їх розв’язання. Також сформульовано поняття «європейська міграційна криза», що застосовується для визначення ситуації, яка склалася в країнах Європейського Союзу внаслідок процесів нелегальної міграції біженців. Проаналізовано ключові проблеми нелегальної міграції, розглянуто основні заходи, що здійснюються ЄС задля врегулювання напливу мігрантів, визначено рівень їх ефективності. Акцентовано увагу на необхідності вдосконалення міграційної політики як на рівні країн-учасниць ЄС, України, так і Європейським Союзом загалом.

Combination of Aerial, Satellite, and UAV Photogrammetry for Mapping the Diachronic Coastline Evolution: The Case of Lefkada Island

Coastline evolution is a proxy of coastal erosion, defined as the wasting of land along the shoreline due to a combination of natural and/or human causes. For countries with a sea border, where a significant proportion of the population lives in coastal areas, shoreline retreat has become a very serious global problem. Remote sensing data and photogrammetry have been used in coastal erosion mapping for many decades. In the current study, multi-date analogue aerial photos, digital aerial photos, and declassified satellite imagery provided by the U.S. Geological Survey (USGS), Pleiades satellite data, and unmanned aerial vehicle images were combined for accurate mapping of the southwestern Lefkada (Ionian Sea, Greece) coastline over the last 73 years. Different photogrammetric techniques were used for the orthorectifation of the remote sensing data, and geographical information systems were used in order to calculate the rates of shoreline change. The results indicated that the southwest shoreline of Lefkada Island is under dynamic equilibrium. This equilibrium is strongly controlled by geological parameters, such as subsidence of the studied shoreline during co-seismic deformation and mass wasting. The maximum accretion rate was calculated at 0.55 m per year, while the respective erosion rate reached −1.53 m per year.

Fisherman Navigation and Safety System

The fisherman’s crossing the borders and identification of locations in the sea is becoming a difficult task with existing equipment’s provide to the fisherman’s as a result they cross the borders. In our day-to-day life we hear about many Tamil Fishermen being caughtand put under Sri Lankan Naval custody. The sea border between thecountries is not easily identifiable, which is the main reason for this offence. Moreover, in cases of imminent natural disasters, failure or delayin notifying concerned personnel to evacuate results in loss of life on alarge scale. In this paper we have proposed a method which protects thefishermen by logging their entries and exits in the harbour using embeddedsystem, notifying the country’s sea border to them by using Global Positioning System (GPS), GeoFencing and Mobile Systems. We use GPSas a method to track the current location of the fishermen. The GPS’current latitude and longitude coordinates are sent to the database wherethe administrator utilizes it for continuous tracking and monitoring of theuser, if in distress using their credentials and last known location, currentlocation predictions can be made. Another benefit being the logging procedures help official authoritative agencies to identify fishermen and their activities for their own safety and security.

Determination of Sea Boundaries from the Perspective of Regional Autonomy in Administrative Region of the Republic of Indonesia

Although the Djuanda Declaration had proclaimed on December 13th 1957, it was not until the administration of the Republic of Indonesia constitutes that the boundaries of the state were established through the Act (UU) in 2000. Despite several legislations related to the sea boundary, namely: Law on Continental Shelf of Indonesia (1973), Law on Exclusive Economic Zone of Indonesia (1983), and Law on Indonesian Waters (1996). The Indonesian administration, for the first time in 1999, decreed a Law on the Regional Government, which states the existence of regional authority in managing the sea area as far as 12 nautical miles from the coastline of each region. This contribution examines the extent of the relationship between the determinations of the boundary of the territorial waters of the Unitary State of the Republic of Indonesia (NKRI) based on the United Nations Convention of the Law of the Sea (UNCLOS) in 1982 with the determination of the regional sea boundary that refers to the Law on Regional Government. The method of study is a correlation analysis between laws and regulations related to state and regional sea boundaries. The results of the study indicate that the determination of the state sea boundary using baseline points (base points) refers to the position of the low water line; while for the sea boundary area the reference used is the coastline at the highest tide position. Another thing that is revealed, the integrity of NKRI sovereignty will be difficult to be realized if the determination of the sea border area of NKRI based on Regional Autonomy is not realized.

CSOs and EU Border Management: Cooperation or Resistance? The Case of Frontex Consultative Forum

The so-called European migrant or refugee crisis, started in 2015, has marked the climax of an increasing European tension on the management of the external borders, tension that had been building up since the turn of the century. In this particularly turbulent period, civil society organizations (CSOs) lobbying for human and migrant rights have expanded their presence not only operatively at the land and sea borders of the European Union (EU) but also at the EU governance level. With the growing importance of agencies in the EU executive space in terms of competences and resources (i.e., agencification), advocacy groups have started to direct their advocacy efforts toward EU agencies, particularly in the Area of Freedom Security and Justice. The most controversial EU agency in this scenario is the 13-year-old agency Frontex, now called European Border and Coast Guard Agency, which is also where the presence of CSOs has become more substantial in terms of competences and ability to access information on the operational and strategic activity of the agency. The aim of this article is to establish how this relationship between Frontex and CSOs has developed over time and what has been the impact of this relationship on the agency on fundamental rights matters. This study addresses these two issues by, first, analyzing the CSOs represented within Frontex Consultative Forum (CF) on fundamental rights, their aims and lobbying strategies vis-à-vis Frontex; second, the evolution of their relationship with the agency and the rationale of their permanence within the CF; and, last, their impact on Frontex’s understanding of fundamental rights. Considerations on advocacy activity outside of the CF are also presented by stressing the difference in ideology between organizations that decided to advocate for fundamental rights from within or outside Frontex.

EU Regional Disembarkation Arrangements in the Mediterranean: Between the Outsourcing of Search and Rescue Services and the Externalisation of Sea Border Management

EU Regional Disembarkation Arrangements in the Mediterranean: Between the Outsourcing of Search and Rescue Services and the Externalisation of Sea Border Management

Defense strategy at sea handling of Transnational Organized Crime (TNOC) in Nunukan Indonesia’s national sea border

The development of the global and regional strategic environment has an impact on the development of the national strategic environment. The Territory of the Republic of Indonesia (NKRI) region which is a world crossing position is the world’s maritime axis where the flow of world transportation and world telecommunications is passed. The negative impact that is felt at this time is the tip of increasing the number of transnational organized crime (TNOC) that occurred in the NKRI. So it is necessary to do research on how the implementation of handling transnational crime at this time, especially in locations that are factual or potential occur such as in the waters of Nunukan-North Kalimantan Province, Indonesia which is directly adjacent to the City of Tawau-District Sabah, Malaysia. From the conditions of implementation of the handling it can be found the root of the problem so that a strategy can be formulated to improve the handling of transnational crime in the territorial waters of the Republic of Indonesia with other countries.

Морской арбитраж против морского права (анализ решений по делам Arctic Sunrise, о Южно-Китайском море и спору между Хорватией и Словенией)

INTRODUCTION. International arbitration is traditionally located on the periphery of legal research. The only exception is investment arbitration. Recently, however, states have started to regularly resort to it. International arbitration, thus, became able to influence the development of common law. Many of arbitration cases involve maritime law issues; unlike the International Court of Justice, arbitration courts consider problems that don’t relate to Articles 74 and 83 of the 1982 Convention on the Law of the Sea, which regulate delimitation (mechanism of compulsory dispute resolution, regime of historical waters and maritime formations, right to hot pursuit, etc.). The emerging arbitration jurisprudence, however, is ambiguous. MATERIALS AND METHODS. The present research has been conducted on the basis of arbitral awards delivered in the three most significant and controversial cases: Arctic Sunrise case, South China Sea case and Border dispute between Slovenia and Croatia; their normative basis (the 1982 Convention, arbitration agreements and customary law); scientific comments on these awards. The methodology of the research is based upon the method of critical analysis. RESEARCH RESULTS. The author concludes that the argumentation used in these awards is unsatisfactory and inconsistent with provisions of maritime law and other branches of international law. In the Award on Arctic Sunrise case of 14 August 2015 (Netherlands and Russia), the Court indicated that the detention of a foreign vessel that violated the laws on artificial installations, is legal if the hot pursuit started when the vessel was in security zone. The pursuit of a foreign ship, however, is not a security measure, since it’s carried out after committing the violation; its goal is the implementation of responsibility. Violations of laws applicable to the artificial platforms may therefore be prosecuted throughout all the exclusive economic zone. In the Awards on South China Sea case (Philippines and China) of 29 October 2015 and 12 July 2016, the Court found that the dispute did not concern delimitation, since it does not imply the intersection of claims; its conclusions, however, are directly related to delimitation as it stated that China’s maritime areas do not extend where China suggested they would extend, but elsewhere. Also the Court did not provide convincing arguments for conclusions that the dispute does not concern “historic titles” and China does not claim sovereignty in disputed areas. Finally, it did not consider whether large-scale construction could make the island suitable for living within the meaning of Art. 121 of the 1982 Convention. In the Awards on the territorial and maritime dispute of 30 June 2016 and 29 June 2017 (Slovenia and Croatia), the Court replaced the issue of violation of the arbitration agreement by the issue of its further implementation; such an opportunity, created after the replacement of arbitrators, as well as the alleged repentance of Slovenia, however, don’t exclude the fact that Slovenia violates the provisions of the agreement, essential to the accomplishment of its object or purpose. The Court also established in favor of Slovenia an area which is not envisaged by the Convention and passes in the territorial sea of Croatia – the so-called Junction Area. DISCUSSION AND CONCLUSIONS. The considered awards contain gross legal inaccuracies that impacted the outcome of the cases. They reflect the imperfection of international arbitration, manifested in selective use of evidence, absence of guarantees against procedural abuses, complexity of the mechanism enshrined in Part XV of the Convention, etc. The awards also reflect general imperfection of the institutions of the law of the sea – such as lack of clear regulation of the jurisdiction over artificial installations, serious gaps in the regimes of historical waters and sea formations, imprecision of the exemptions from the compulsory settlement mechanism, inability of the Convention to ensure a balance of interests of states in case the territorial sea is closed.

Theoretical basis for reasonable population distribution in Tho Chu archipelago

Tho Chu archipelago is one of administrative units of Kien Giang province, Hon Nhan- one of its islands - is selected to become A1 base point of baseline for Vietnam territorial waters. If Tho Chau district is established, it will contribute to identifying sovereignty of Vietnam Southwest sea area following the United Nations Convention on the Law of the Sea, creating favourable conditions for islands’ socio-economic development, developing culture, enhancing effects of administration work and life quality of population in this island, firmly protecting sea border, securing island and sea sovereignty… However, the establishment of Tho Chu district appears in the context of streamlining administrative apparatus and limitation of capital for infrastructure construction in district level. This article focuses on the analysis of some factors affecting a reasonable population distribution in order to meet the requirement of building the Tho Chu into a district-level administrative unit in Kien Giang province.

Regulation of The Utilization of Oil and Gas in the Sea Border Region Based on International Law

The border region is a very strategic area for security, social and economic stability, both the border communities and all citizens in a country. The border region in Indonesia too. Indonesia's vast border region requires effective and accountable border management policies from social, economic and security aspects. The use of oil and gas in international law studies is contained in the legal instruments of the United Nations General Assembly Resolution 1803 (XVII) on December 14, 1962, Resolution 2158 (XXI) on November 25, 1966, and Resolution 3016 (XXVNI) on 18 December 1972, United Nations General Assembly Resolution (FEB) 3201 (S-Vl) May 1, 1974 concerning the Declaration on the Establishment of a New International Economic Order and Resolution 3281 (XXIX) December 12, 1974 concerning the Program of Economic Rights and Obligations of the State, and the 1972 Declaration on the Human Environment. Keywords : regulation, utilization, oil and gas, sea borders, international law DOI : 10.7176/RHSS/9-18-13 Publication date :September 30 th 2019

Fishermen Aid and Nautical Border Alert System

Now-a-days, we can see many fishermen were caught by other country because of border violation. This is mainly due to the reason that sea borders are unidentifiable. This application helps the fishermen to track their location at national borders. This embedded system continuously tracks the location using a GPS [Global Positioning System].The GPS aids in continuous tracking of the fishermen boat. Using GPS, we can find the current latitude and longitude values which is then sent to the Raspberry pi unit. The Raspberry pi unit finds the current location by comparing the present latitude and longitude values with the predefined value. Then from the result of the comparison, this system indicates the fishermen that they are about to reach the nautical border and helps in motor speed controlling. This system also helps the fishermen to detect the weather condition which senses and displays various parameters of surrounding weather.

EPIDEMIOLOGICAL ASSESSMENT OF POPULATION MIGRATION IN THE POSSIBILITY OF CHOLERA IMPORTATION INTO RUSSIAN FEDERATION CONSTITUENTS

Aim.Determination of potential epidemic hazard degree of migration in the possibility of cholera importation into the RF constituents with (without) the international border crossing points by air, sea, road and rail transport, as a component when determining the epidemic potential of the territory.Materials and methods. The data of the Rospotrebnadzor Directorates for 83 Russian Federation constituents, including 61 subjects with air, sea, road and rail transport border crossing checkpoints, taking into account the links with countries affected by cholera, and in 22 without international checkpoints ( 2011 — 2015) were used. The analyses of demographic indicators for characterizing intensity and determination the potential epidemic hazard degree of migration was carried out.Results. The increase in population due to interstate migration by various transports was determined in 83,6% subjects. The algorithm of epidemiological assessment was developed, with calculating the potential epidemic hazard degree (PEHD) of population migration in the possibility of cholera importation into 83 administrative subjects. The highest PEHD of migration was determined in 17 of 61 subjects with checkpoint sets; in 39 — higher than normal and in 5 — low; in 22 subjects without international checkpoints — in 8, 12 and 2, respectively. Conclusion.The obtained results indicate the presence of epidemiological risks associated with migration.

DISPUTE INTERNATIONAL BETWEEN INDONESIA AND MALAYSIA SEIZE ON SIPADAN AND LINGITAN ISLAND

In 1998 the issue of Sipadan and Ligitan dispute brought to the ICJ, later in the day Tuesday, December 17, 2002 ICJ issued a decision on the sovereignty dispute case of Sipadan-Ligatan between Indonesia and Malaysia. As a result, in the voting at the institution, Malaysia won by 16 judges, while only one person who sided with Indonesia. Of the 17 judges, 15 are permanent judges of MI, while one judge is an option Malaysia and another selected by Indonesia. Victory Malaysia, therefore under consideration effectivity (Without deciding on the question of territorial waters and maritime boundaries), the British (colonizers Malaysia) has made a real administrative action in the form of the issuance of bird wildlife protection ordinance, a tax levied against turtle egg collection since 1930, and the operation of the lighthouse since the 1960s an. Meanwhile, Malaysia's tourism activities do not be a consideration, as well as the refusal is based on chain of title (a proprietary suite of Sultan of Sulu) but failed to demarcate the sea border between Malaysia and Indonesia in Makassar strait.

UKRAINIAN BORDER GUARDS INTEROPERABILITY ASSESSMENT IN THE FRAMEWORK OF COMMON EUROPEAN BORDER GUARD STANDARDS IMPLEMENTATION

The paper reports on an innovative approach to evaluate the level of harmonisation of Ukrainian border guards training with the common standards for border guarding in the European Union (EU) member-states. There are different types of borders and different organisational structures in border guard agencies in the EU. The authors present the results of a research aimed at analysing the level of interoperability of Ukrainian border guards. In case of border guards’ training, interoperability stands for their level of professional readiness for joint actions with representatives of foreign border guard authorities. For this purpose, the EU border guard agencies under the supervision of the European Border and Coast Guard Agency (Frontex Agency) introduced the Interoperability Assessment Program (IAP), as the means to assess, first of all, the level of integration of the Common Core Curriculum (CCC) for basic border guards’ training into border guard authorities’ national curricula. The programme’s results provide information on the degree to which the CCC meets the requirements regarding its content. The overall CCC implementation at the NASBGSU was 77.5%, namely: by modules (General Studies – 95%; Land Border Module – 75%; Air Border Module – 81%; Sea Border Module – 58,6%); by content (General studies – 96%; Legislation – 73,9%; Practice – 80,8%). The results of the evaluation held at the National Academy of the State Border Guard Service of Ukraine named after Bohdan Khmelnytskyi, involving cadets of the Faculty of Foreign Languages and Humanities showed that Ukrainian border guards and their system of education and training are in line with the EU member-states’ common standards and the Ukrainian border guard agency personnel can be effectively used for the various operational and service activities of protecting different border sectors.

Narwhal Genome Reveals Long-Term Low Genetic Diversity despite Current Large Abundance Size

SummaryThe narwhal (Monodon monoceros) is a highly specialized endemic Arctic cetacean, restricted to the Arctic seas bordering the North Atlantic. Low levels of genetic diversity have been observed across several narwhal populations using mitochondrial DNA and microsatellites. Despite this, the global abundance of narwhals was recently estimated at ∼170,000 individuals. However, the species is still considered vulnerable to changing climates due to its high specialization and restricted Arctic distribution. We assembled and annotated a genome from a narwhal from West Greenland. We find relatively low diversity at the genomic scale and show that this did not arise by recent inbreeding, but rather has been stable over an extended evolutionary timescale. We also find that the current large global abundance most likely reflects a recent rapid expansion from a much smaller founding population.

Wetar and Kisar in Indonesia, and East Timor

ABSTRACTThe article studies a complex of little known historical processes in Southwestern Maluku and East Timor in the late 17th century. These occurred in the intersection between early colonial attempts at political and economic control, and local strategies to either accommodate or avoid such control. The article argues that the aspirations of European or Eurasian groups – the Dutch VOC and the ethnically mixed Portuguese Topasses – allowed certain local leaders to use early colonial rivalries to build up positions that transgressed their customary prerogatives. Moreover, the processes must be seen as an interplay between global, regional and local spatial levels. The article focuses in particular on two protagonists. Bakker, a chief in the island of Kisar, was briefly expelled through a Topass invasion in 1668 but reinstated by a Dutch expeditionary force, henceforth cooperating closely with the Dutch post in Banda. Sili Saba (Raja Salomon), was the ruler of Ade (Vemasse) in East Timor. An attempt to ally with the VOC in 1668 misfired as the Topasses invaded East Timor in the same year, and Sili Saba was installed as interlocutor for the VOC in Wetar. The article shows how the Wetar Straits, which had a binding function for culturally similar populations, was turned into a sea border which still persists. It also demonstrates how local groups obstructed the imposed order through resistance and migrations.

Irregular Migration by Sea: Interception and Rescue Interventions in Light of International Law and the EU Sea Borders Regulation

Abstract Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political unrest, record high numbers of irregular migrants have been arriving at the EU’s south-eastern external borders, publicly known as the ‘Europe’s refugee crisis’. The most pressurised borders have been those of Greece and Italy. The human smuggler’s ‘organised refugee’ strategy has identified various legal issues resulting from the application of parallel legal frameworks both at regional and at international level. The EU Member States’ policy-making response to human smuggling has created loopholes through conflicting interpretations of the international legal framework on search and rescue and the inconsistent application of human rights law. Hence, this article will argue that although the International Convention on Maritime Search and Rescue (SAR) and the EU Sea Borders Regulation purportedly adopted to set out clear rules on when to initiate search and rescue, have not addressed the issue of responsibility for and the consequences of failed rescue scenarios by inactive SAR States; thereby creating a gap in the legal framework on State responsibility for negligent or intentional failed rescues.

NATIONALISM AND GLOBALIZATION: ISSUES ON THE SEA BORDER BEETWEN INDONESIA AND AUSTRALIA IN THE CONTEXT OF MARITIME SOVEREIGNTY

This paper analyzes transnationalism as the result of globalization in human mobility, which it has summoned new insecurities, especially when international migration as the excess of transnationalism leads to a burst of issues on the sea border, such as influx of migration, asylum seeker, refugees, and even transnational crimes. Thus, it is very important for Indonesia as a growing maritime state to put more attention to the matter, especially to the eastern part of the archipelago, where transnationalism brings different implication toward nationalism of its people. Through historical methodology and perspective, this article discusses relevant issues to be reflected into current situation and the future, in which it could lead to a more sustainable solution and a further observation toward what it means to be a part of Indonesia itself, to fulfill the need of rephrasing the means of our borders.

Refugee Crisis and Migrations at the Gates of Europe: Deterritoriality, Extraterritoriality and Externalization of Border Controls

Refugee Crisis and Migrations at the Gates of Europe: Deterritoriality, Extraterritoriality and Externalization of Border Controls

Navy ability development strategy using SWOT analysis-interpretative structural modeling (ISM)

Indonesia as an archipelagic country has potential problems that pose a threat. This can be inferred because of the security lack and the sovereignty in the sea border area. The aim of the paper is to formulate a development strategy of posture capabilities of the Indonesian Navy to encounter security threats in the national territorial waters. In this research using the integration of SWOT analysis method and Interpretative Structural Modeling (ISM) in formulating strategies of Indonesian Navy posture capability development. The result of this paper Based on SWOT analysis, the total strategy that has been formulated is 10 (ten) sub strategies which determine the development of the Navy posture abilities. Based on ISM Method, it is evident that Increase of state budget percentage for the maritime sector in the development of Navy capability and other stakeholders as (ST)1 is a significant driver for the development of the strategy. Utilization of the abundant labor force in recruitment of Navy Personnel as (SO)2 is at level II; Build a strong foundation and infrastructure of information systems in the maritime territory to cope the cyber threats as (ST)3 and Cooperation with developed countries with technology transfer for military infrastructure development as (WT)2 are at level III; Negotiations with neighboring countries in trans-state sea border agreements as (ST)2 is at level IV; Establish an integrated task force with fellow stakeholders in maritime security as (WO)1 and Establish a task force to eradicate corruption and illegal levies on marine sector as (WO)2 are at level V; Utilization of marine resources to support renewable energy at sea, and open employment for the community as (SO)1 is at level VI. Equitable development of maritime infrastructure and connectivity in coastal and border areas as (WT)1 and The use of the country's active-free politics as a mediator for China and US hegemony in Asia Pacific as (SO)3 are at the top of the hierarchy models of structural modeling based on interpretation. The key strategy is an increase of state budget percentage for the maritime sector in the development of Navy ability.