Shopping cartThe International Journal of Marine and Coastal Law
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The International Tribunal for the Law of the Sea: Survey for 2003
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This instalment of the Survey considers the order for provisional measures made in the Land Reclamation case, and notes administrative and organizational developments within the ITLOS during the year 2003.
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Mining, Protection of the Environment, Scientific Research and Bioprospecting: Some Considerations on the Role of the International Sea-Bed Authority
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The innovative concept of the common heritage of mankind is embodied in the 1982 LOSC for the seabed beyond the limits of national jurisdiction (the Area). It has been subsequently adapted to meet further political and economic realities. Despite the present uncertain situation, the mandate of the International Seabed Authority (ISBA) is already broader than it is commonly believed. The legal condition of the space (the Area), its being the common heritage of mankind, may have an effect also on matters and activities that (though different from minerals and mining activities) are located in that space. While bioprospecting is not specifically regulated by the UNCLOS, there is an inextricable factual link between the protection of the deep seabed environment (including its biodiversity), marine scientific research and bioprospecting. the ISBA, the principles that it represents, as well as its existing competences and responsibilities, need to be taken into consideration when States decide to fill the legal gap of bioprospecting. The role of the ISBA could be expanded in the future to meet new objectives under commonly agreed cooperative schemes.
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Alien Species Stay Home: The International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004
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The transfer of organisms by ships has been altering the ecosystems for many decades. Living organisms within ballast water is part of this problem. Where ballast water has been taken from heavily polluted areas then potential risks for human health are also created. The International Convention for the Control and Management of Ships' Ballast Water (the Ballast Water Convention—referred to hereafter as the BWC) is the first international attempt to provide a legal and technical instrument for a risk that was not so far covered by any legal regime. The BWC imposes obligations both on the flag and the port states and provides for a certification system that will eventually be able to regulate ballast water management. Ambitious ballast water quality standards are included but they will not be imposed until 2016 when a new generation of ships having the required new technology will be developed. These strict standards are subject to review on the basis of their feasibility and cost implications. In the meantime only some basic precautions and restrictions, together with a complex surveying and certification system, will be imposed. Moreover, these restrictions will only be imposed if they do not cause delay or deviation for the ships, arguably making one wonder whether the problem is indeed a serious and imminent threat to the environment.
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Zonal and Integrated Management Approaches to Ocean Governance: Reflections on a Dual Approach in International Law of the Sea
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Traditionally, international law of the sea has been based on the zonal approach. The traditional approach purports in essence to divide the ocean into several jurisdictional spaces on the basis of two opposing principles, namely, the principle of sovereignty and the principle of freedom. It is now apparent, however, that the traditional zonal approach is insufficient to resolve the problems encountered in the management of ocean space. Hence, the need for a new integrated management approach is increasingly emphasised in international instruments as well as in the opinions of writers. Nevertheless, it appears that the concept of the integrated management approach remains obscure in international law. Thus, this study purports to examine this concept at three levels: the ecological, normative and implementation levels. Finally, on the basis of these considerations, this study will present a perspective that the international law of the sea should be considered as a dialectic legal system between the zonal approach and the integrated management approach.
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The International Tribunal for the Law of the Sea: A Forum for the Development of Principles of International Environmental Law?
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This article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.
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Australia: Recent domestic fisheries law and international cooperative developments
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Australia/France: Treaty between the Government of Australia and the Government of the French Republic on cooperation in the maritime areas adjacent to the French Southern and Antarctic Territories (TAAF), Heard Island and the McDonald Islands (Canberra, 24 November 2003)
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Book Reviews
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Books Received
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