United Nations Convention On The Law Of The Sea Research Articles

Power Relations and Maritime Justice: An Exploration of UNCLOS Negotiations

This article offers a novel perspective on the interplay between power relations among states and maritime justice by exploring various manifestations of power during negotiations for the United Nations Convention on the Law of the Sea (UNCLOS). Here, UNCLOS is perceived as an agent of maritime justice insofar as the Convention’s delimitation of maritime zones lays the foundation for establishing the rights and obligations of states in addressing maritime crime and insecurity. It employs Barnett and Duvall’s (2005) taxonomy of power to analyse how key contentions during UNCLOS negotiations were reflective of various forms of power. The discussion reveals that compulsory, institutional, structural, and productive power significantly influenced UNCLOS provisions, often favouring developed states but occasionally benefiting developing nations through collective action. This analysis contributes to a deeper understanding of how power relations among states in the global order can shape the formation of international legal instruments and consequently influence their role as agents of justice.

From “open ocean” to “exposed aquaculture”: why and how we are changing the standard terminology describing “offshore aquaculture”

The term “offshore” with regards to aquaculture has hitherto encompassed various perspectives, including technology, geographic location, legal jurisdiction, and more. To resolve the ambiguity in this term and understand its implications for current and future aquaculture development, “offshore” should be resolved into two separate metrics: distance from shore and energy exposure. The United Nations Convention on the Law of the Sea (UNCLOS) distinguishes between internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), and the high seas, but currently has no precise definition for “offshore” in its provisions, and therefore no applicable laws pertaining to “offshore” aquaculture. Regulating a multi-technology aquaculture sector may require integrating new spatial concepts into the law rather than merely adapting and extending current regulatory designs to include new production concepts. The metrics of distance from shore and exposure are seen as a range rather than a specific threshold, allowing for a continuum. Distance from shore is readily quantified as a distance from a baseline. To rigorously quantify the exposure, the influence and interactions of oceanic parameters (water depth, water current, and wave height and period) we utilized to generate six indices. These oceanic parameters are seen as the main contributions which influence the physical and some biological parameters required for site, species, and technology selection. Four shellfish, three seaweed, and three finfish sites along with 20 potential aquaculture sites were examined using the indices in association with the energy index to determine tolerances of the structures and their ability to cultivate their relevant species. Two indices, Specific Exposure Energy (SEE) and Exposure Velocity (EV), were selected for utilization in the analysis of sites based on their ease of use and applicability. The interaction between the energy indices and various aspects of farm operations and performance were explored. The indices developed and used in the case studies presented have been shown to be useful tools in the general assessment of the energy that will influence the species and equipment selection at potential aquaculture sites. The indices do not provide a definitive answer as to the potential financial success of a site as this requires other inputs relating to infrastructure costs, annual production, distance from port, sales strategy, etc. However, the Specific Exposure Energy index creates a useful tool to describe site energy and be comprehensible to a wide range of stakeholders. We recommend the SEE index be adopted as the predominant tool to communicate the exposure level of aquaculture sites.

Analysis of the Specific Laws and Regulations of the Exclusive Economic Zone (EEZ) of the Republic of Guinea - Conakry

The analysis of the specific laws and regulations of the Exclusive Economic Zone (EEZ) of the Republic of Guinea Conakry, particularly in Conakry, involves several key aspects. The EEZ, which typically extends up to 200 nautical miles from the coast, grants coastal states sovereign rights to explore and exploit marine resources, as well as to regulate economic activities in this zone. International Legal Framework: The Republic of Guinea Conakry is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), which establishes the principles governing EEZs, including the rights and obligations of coastal states.

The potential interactions between the BBNJ Agreement and RFMOs in the establishment of ABMTs: Implications for RFMOs

The third implementing agreement of the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) was adopted in June 2023. Fish or marine living resources (MLRs) and fishing activities are within the scope of area-based management tools (ABMTs) under the BBNJ Agreement according to Article 10(2). MLRs and fishing activities in the areas beyond national jurisdiction are currently regulated by Regional Fisheries Management Organizations (RMFOs), raising the question of what roles RFMOs will play in the establishment of ABMTs once the BBNJ Agreement enters into force? The article first provides the overlapping geographic and thematic areas that the BBNJ Agreement and RFMOs share. It then looks at the articles in the BBNJ Agreement relating to the relationship with RFMOs in the establishment of ABMTs, namely Articles 5 and 22. The paper next hypothetically applies Articles 5 and 22 and simulates the potential interactions between the BBNJ Agreement and RFMOs. Based on the simulations, a scenario analysis of the implications for RFMOs are outlined. These implications emphasize RFMOs’ different roles in the establishment of ABMTs when the BBNJ Agreement enters into force, which aim to provide suggestions to various stakeholders and policy-makers of RFMOs in advance before the BBNJ Agreement enters into force, and thereby aiming to achieve the state of not undermining the effectiveness and objectives of RFMOs, as opposed to not undermining the authorities and mandates of RFMOs.

The Role Of International Law In Reducing Ship Piracy In The Waters Of The Horn Of Africa

The Horn of Africa waters are the busiest trade routes and are often passed by thousands of merchant ships worldwide. Merchant ships must overcome the threat of Piracy in the Horn of Africa waters, and the danger comes from Somalia, the center of pirate operations. This article discusses how international law, more precisely the United Nations Convention on the Law of the Sea (UNCLOS), reduces acts of ship piracy in the Horn of Africa waters, either in the form of court sentences or by sending patrol teams and forming military operations under the auspices of the U.N. or operating under UNCLOS law to combat Piracy. Piracy or ship hijacking is a universal problem that the international community must consider because the impacts it causes, of course, have a global impact and disrupt the stability of the world economy of international trade, that is why must be eliminated from their roots, namely the failed Somali government. The novelty in this study is the need for more literature discussing the role of international law in reducing acts of ship piracy in the Horn of Africa waters.

Enhancing Maritime Security: Challenges and Strategies in Indonesia's Natuna Sea

The Natuna Sea, a strategic region within Indonesia's exclusive economic zone, faces multifaceted maritime security challenges that threaten national sovereignty, economic interests, and regional stability. This abstract explores the key issues and strategic responses to enhance maritime security in this vital area. Indonesia's maritime security challenges in the Natuna Sea are driven by illegal, unreported, and unregulated (IUU) fishing, territorial disputes, and transnational crimes such as smuggling and human trafficking. The encroachment of foreign fishing vessels, particularly from neighboring countries, exacerbates the IUU fishing problem, undermining local economies and depleting fish stocks. Additionally, overlapping territorial claims, particularly with China, complicate Indonesia's efforts to assert its sovereignty and maintain peace in the region. To address these challenges, Indonesia has developed a comprehensive maritime security strategy that includes diplomatic, legal, and operational measures. Diplomatic efforts focus on strengthening regional cooperation through ASEAN and other multilateral forums to foster dialogue and build consensus on maritime security issues. Legal measures involve the enforcement of national and international laws, including the United Nations Convention on the Law of the Sea (UNCLOS), to uphold Indonesia's territorial rights and combat IUU fishing. Operationally, Indonesia has enhanced its maritime patrols, surveillance capabilities, and naval presence in the Natuna Sea. The establishment of the Maritime Security Agency (Bakamla) and the deployment of advanced technology, such as unmanned aerial vehicles (UAVs) and satellite monitoring, have improved the detection and interdiction of illegal activities. Despite these efforts, challenges persist due to resource constraints, coordination issues among agencies, and the complex geopolitical landscape. This abstract underscores the importance of a holistic and adaptive approach to maritime security, integrating diplomatic, legal, and operational strategies.

Maritime dispute resolution: understanding adequacy of UNCLOS: a systematic review

ABSTRACT The United Nations Convention on the Law of the Sea (UNCLOS) plays a pivotal role in international maritime law, providing a comprehensive framework for the settlement of disputes related to sea and ocean spaces. This systematic review explores Part XV of UNCLOS, dedicated to the ‘Settlement of Disputes,' and delves into the mechanisms outlined in Articles 279 to 299 for resolving maritime conflicts. The study relies on a thorough review of published materials from 1994 to 2023, encompassing monographs, reviews, research papers, case studies, and conference papers available in the Scopus database. The review scrutinises the dispute resolution mechanisms available in UNCLOS. It explores the perspectives of the international legal community, especially in the Indo-Pacific region, highlighting how major powers leverage UNCLOS to critique maritime claims. Practical challenges faced by states litigating against major powers and the need for cautious interpretation are discussed. The study underscores the ongoing discourse about UNCLOS’ role in navigating ocean governance complexities and highlights the importance of continuous exploration and refinement of dispute resolution mechanisms, call for supplementary legal mechanisms, particularly the role of Global Power countries and regional context of maritime regions pose demand for further initiatives for achieving sustainable ocean governance.

The conservation‐extraction nexus in ocean Areas Beyond National Jurisdiction: Tension or co‐constitution?

AbstractRecent years have seen a sharp uptick in efforts to expedite resource extraction in, and expand biodiversity conservation to, Areas Beyond National Jurisdiction (ABNJ), the ~70% of oceans outside state space. In this symposium piece, we explore the co‐constitution of the parallel acceleration of biodiversity conservation and economic exploitation that is unfolding in ways unique to the high seas, but consistent with global patterns wherein this coupling encloses space for capitalist value extraction. These coupled tendencies are part of expanded ocean regulation and, in ABNJ, they form part of state‐capital advancement into one of the remaining world frontiers. We explore this extraction‐conservation nexus in two contemporary ABNJ negotiations: 1) the Implementing Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction and 2) the International Seabed Authority's development of an exploitation regime for deep‐seabed mining in the Area. Our findings build on insights from agrarian political economy and political ecology that establish the co‐constitution – rather than incommensurability – of conservation and extractive activities in terrestrial spaces and draw out the arenas of this nexus in the ecologically complex, political‐economic grey zone that is the uninhabited (by humans), non‐state space of the planet. This work contributes to placing the high seas and the emergent blue economy within the critical scholarship that describes and explores the conservation‐extraction nexus and its consequences.

‘Inconvenient Conveniences’: An Essay on Extraterritorial Port State Jurisdiction, in Honor of Ted L. McDorman

Ted McDorman was among the first scholars to author papers on the United Nations Convention on the Law of the Sea (UNCLOS) concept of port state jurisdiction. Building on his insights, this article aims to make a modest contribution to the scholarship on the jurisdictional latitude port states are afforded to address regulatory ineffectiveness. It starts out with an investigation into the concept and polysemy of port state jurisdiction before canvassing “extraterritorial port state jurisdiction” as set forth in UNCLOS Article 218 and finally assessing the possibility that such jurisdiction develops beyond the substantive bounds of Article 218.

The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction

Longstanding negotiations on the status of marine genetic resources beyond national jurisdiction under a new UN treaty oscillated between the common heritage of mankind and the freedom of the high seas. The final text of the new Biodiversity Beyond National Jurisdiction (BBNJ) Treaty bridges the normative dissonance by crafting a freedom of marine scientific research juxtaposed with the common heritage of humankind. This article argues that the principle is a specific carve‐out from the freedom of scientific research in the United Nations Convention on the Law of the Sea (UNCLOS), enumerated as one of the freedoms of the high seas. The principle of freedom of marine scientific research is best conceived as a property‐protected activity tethered to marine genetic resources where the scope and consequences of the activity demarcate the commons resource. It derives legitimacy and content from the common heritage regimes in UNCLOS as well as the operative elements of Part II of the BBNJ Treaty that address the equitable use of marine genetic resources and digital sequence information on marine genetic resources. As such, this element in the Treaty and the explanation set out here introduces a new and unprecedented constitutionalising norm in global biodiversity governance.

The Case of the Martin Vaz Rocks and Other Brazilian Offshore Archipelagos: A Further Step Toward the “Territorialization” of the South Atlantic

Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS) deals with the regime of islands, while Article 7 of UNCLOS refers to the criteria for employing straight baselines. Taking advantage of the lack of clarity concerning the distinction between “islands” and “rocks” in Article 121, and the ambiguity in Article 7 (combined with Articles 46 and 47) concerning the use of straight baselines to enclose offshore archipelagos, Brazil has changed the legal status of the Martin Vaz features from “rocks” to “islands” and enclosed them within straight baselines in order to slightly increase its maritime area. Although the impact of this initiative is rather limited, it demonstrates the willingness of the Brazilian authorities to extend the maritime area of Brazil as far as possible, even where this is inconsistent with UNCLOS and comes at the expense of the area that is subject to the common heritage of humankind, as the Martin Vaz features are typical examples of rocks. Moreover, this article argues that changing the legal status of the Martin Vaz features is not an isolated case, but part of a series of initiatives launched by Brazil toward the “territorialization” of the South Atlantic ever since UNCLOS has entered into force.

Peacetime Maritime Law Enforcement by Warships

ABSTRACT The scope and methods of maritime law enforcement by warships in peacetime are evolving, triggering international armed conflicts. A core issue is how to distinguish between law enforcement activities and military operations at sea. The construction of an international law regime for peacetime maritime law enforcement by warships will help to reduce the incidence of armed conflicts. This is consistent with the need for a strict interpretation of the principle of prohibiting the threat or use of force under the United Nations Charter. Based on the principles of prohibiting the use of force, the peaceful use of the seas and considerations of good faith, it is possible to establish a stable international legal system for maritime law enforcement by warships. The system would be based on the United Nations Convention on the Law of the Sea (UNCLOS) and would operate primarily through implementing agreements as its main model.

Sustainable development and utilization of marine genetic resources in areas beyond national jurisdiction: A Chinese perspective.

Breakthroughs in marine science and technology have profoundly expanded our knowledge of the ocean, driving unprecedented levels of marine resource utilization. Consequently, the immense value of marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) has catapulted them to the forefront of international competition. In response to the existing gap in international legal frameworks governing the conservation and sustainable use of biodiversity in ABNJ, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023. This study aimed to explore China's participation in this new frontier of global ocean governance, focusing on the opportunities and challenges it faces. By employing document analysis and policy analysis, the study delved into international legal frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS) and the BBNJ Agreement, as well as China's domestic policies related to marine resource development. It systematically examined the relevant legal frameworks and their historical contexts. Additionally, comparative analysis was used to contrast the policy-making and development practices of developed and developing countries, allowing for a comprehensive assessment of China's role and challenges in the sustainable use of MGRs in ABNJ. It is concluded that while China has made remarkable progress in MGR research, it still lags behind traditional maritime powers in patent accumulation and the commercialization of MGRs. China also lacks comprehensive domestic legislation to address issues such as benefit-sharing and effective regulation of MGRs in ABNJ. Therefore, China must enhance its scientific research and innovation capabilities, actively participate in the follow-up work of the BBNJ Agreement, and promote global marine biodiversity conservation guided by the concept of a Maritime Community with a Shared Future.

Eastern Mediterranean Maritime Boundary Delimitation: The Claims of the State of Palestine under UNCLOS

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

Maritime Disputes from a Global Perspective and Solutions under International Law

This study explores the utilization and challenges of international laws in resolving global maritime disputes through a detailed analysis of representative cases from South America, Africa, and Asia. It highlights the crucial role of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), in providing a legal framework and dispute resolution mechanisms. However, the study also identifies significant challenges, including political interference, legal ambiguity, and enforcement issues. By comparing regional dispute settlement mechanisms, the study demonstrates the effectiveness of multilateral negotiations in South America, regional legal frameworks in Africa, and a combination of multilateral and unilateral actions in Asia. Based on these insights, the study proposes several recommendations to enhance the international legal framework, promote regional cooperation, and innovate dispute resolution mechanisms. These measures aim to ensure fair and effective resolution of maritime disputes, maintain maritime peace and stability, and promote the healthy development of global ocean governance.

Analysis of the Jurisprudence of Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) and the Positions of West African Countries

Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) addresses the rights and obligations of States in the exclusive economic zones (EEZ) of other States. It guarantees third-party States the freedom of navigation, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these activities. However, these rights must be exercised in accordance with the laws and regulations of the coastal State and the UNCLOS itself. The jurisprudential analysis of this article reveals various interpretations, often influenced by distinct national contexts and interests. Disputes related to the EEZ mainly focus on issues of maritime delimitation, the exploitation of natural resources, and the protection of the marine environment. West African countries, rich in marine resources, have diverse positions depending on their economic, security, and environmental interests. Some favor a strict application of their sovereign rights to maximize economic benefits and resource sustainability, while others advocate for regional cooperation to manage potential conflicts and strengthen maritime security. In summary, Article 58 of UNCLOS is essential for balancing the interests of coastal States and third-party States in the EEZ while allowing for the harmonious management of maritime resources and maritime security.

Virginie Tassin CAMPANELLA, Routledge Handbook of Seabed Mining and the Law of the Sea (Abingdon and New York, Routledge, 2023)

Over the last 70-80 years, historical concerns related to the exploitation and enclosure of the high seas, stemming from Grotius’ Mare Liberum, have become prominent, particularly amid rising mineral resource demand, population growth, and consumption patterns. The United Nations Convention on the Law of the Sea (UNCLOS)1 established regulatory frameworks for all maritime zones. Consequently, the legal framework surrounding deep-seabed mining (DSM) has gained significance. The Routledge Handbook of Seabed Mining and the Law of the Sea, edited by Dr. Campanella, stands out as a recent significant contribution to this field.

Jurisdiction of the International Tribunal for the Law of the Sea in Terms of Giving Advisory Opinions and Prospects of the Delivery thereof on Combating Climate Change

On 25 September 2023, the landmark request for an advisory opinion addressing issues of State responsibility for the ongoing climate crisis took a new turn — oral hearings were concluded in the International Tribunal for the Law of the Sea (ITLOS). The article explores on what exactly rests the jurisdiction of the Tribunal, allowing it to issue the sought advisory opinion. The article outlines the main arguments, presented by the States parties to the United Nations Convention on the Law of the Sea (UNCLOS), which question the conclusiveness of ITLOS’s jurisdiction to some extent. The article reveals that despite a very debatable nature of the aforementioned advisory jurisdiction of the full Tribunal, it is highly probable that ITLOS will eventually formulate the sought opinion given that the subject matter of the case is quite resonant. The authors also argue on the potential influence the climaterelated advisory opinions of international judicial organs may have on the development of international law.

THE EXTENT AND LEGITIMACY OF THE JUDICIAL FUNCTION IN UNCLOS DISPUTE SETTLEMENT

AbstractThis article examines reactions to the South China Sea and Chagos Marine Protection Area arbitrations under the United Nations Convention on the Law of the Sea (UNCLOS), in particular concerns about the potential widening of Part XV jurisdiction and its impact on the dispute resolution system's consent basis. It argues that assessing the impact of such cases involves a characterization of both the function of Part XV and of international judges. Ultimately, it suggests that the best test of whether UNCLOS case law has gone too far is the reaction of States in designing dispute settlement under the new Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.

ATSEA: A Regional Collaboration to Address Transboundary Threats to Ecosystems for Human Well-Being in the Arafura and Timor Seas

The Arafura and Timor Seas (ATS) are home to a wealth of both living and non-living marine resources, including major fisheries, significant oil and gas reserves, extensive coastal and marine habitats, and globally-significant populations of migratory, rare, threatened, and endangered marine species. These resources provide goods and services valued at more than US$7.3B to neighboring nations, annually. The waters of the ATS are bounded by Indonesia, Timor-Leste, Papua New Guinea and Australia; and significantly, are defined as a ‘semi-enclosed seas’ under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS places a responsibility and an obligation on countries bordering enclosed and semi-enclosed seas to cooperate in resource management, the protection of the marine environment and marine scientific research. Recent assessments indicate that the marine environment in the ATS region is in serious decline, primarily as a result of over-harvesting and other direct and indirect impacts of anthropogenic stresses and global climate change. Transboundary issues such as unsustainable and illegal fishing activities, marine and land-based pollution, marine habitat and biodiversity decline, and climate change negatively impact fishery resources, ecosystem quality, and human well-being. Over the past 2 decades ATS littoral countries have progressed toward transboundary management of the region. This paper elaborates on the current status and threats to coastal and marine resources in the ATS region and in particular, the major efforts of the four littoral ATS countries to address transboundary environmental issues at the regional, national, and project site levels through the US$9.7M, 5-year, UN GEF-funded ATSEA-2 program. A key result of the ATSEA Program is regional collaboration that supports stakeholder engagement for meaningful resource management and protection is essential for the sustainable use and development of marine resources in the ATS.