Shopping cartThe International Journal of Marine and Coastal Law
Volumes & issues:
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Gerard J. Mangone (1918-2011)
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Gerard J. Mangone Prize Winner 2010
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Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2010
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This is the seventh of a series of annual surveys reviewing dispute settlement in the law of the sea both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2010 were the commencement of four new, and very different, cases—a request for an advisory opinion in the Responsibilities and Obligations of States sponsoring Persons and Entities with respect to Activities in the Area case and three contentious cases, the Whaling in the Antarctic (Australia v. Japan), the M/V Louisa (Saint Vincent and the Grenadines v. Kingdom of Spain) and Dispute concerning the ‘Marine Protected Area’ related to the Chagos Archipelago (Mauritius v. United Kingdom) cases—and an order by the ITLOS declining to prescribe provisional measures in the M/V Louisa case.
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From the Depths: Rich Pickings of Principles of Sustainable Development and General International Law on the Ocean Floor—the Seabed Disputes Chamber’s 2011 Advisory Opinion
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In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring Persons and Entities with respect to Activities in the Area. Although primarily focused on governance of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for both international environmental law and general international law. More specifically, although sustainable development is not directly referenced in the Opinion, this article argues that it goes a long way towards strengthening many of the emerging normative rules associated with it. Using the International Law Association’s 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development as a framework, this article specifically analyses the Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary approach, common but differentiated responsibilities, and the principle of good governance.
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Operationalising Integrated Coastal Zone Management and Adapting to Sea Level Rise through Coastal Law: Where Does India Stand?
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With an overwhelming majority of India’s population living on the coast and depending on coastal resources for their sustenance and livelihood, sustainable coastal development is of critical importance to this country. India is also susceptible to the impacts of climate change and sea level rise. This article reviews India’s attempts to manage its long coastline and coastal resources through the instrumentality of law. The salient features of its first coastal law of 1991 and the subsequent draft law of 2008, culminating with a new law adopted in 2011, are analyzed in detail. Specifically, this article examines how these laws provide for integrated coastal zone management, the primary methodology to attain sustainable coastal development, and how they further adaptation to sea level rise. The article argues that, as it stands, India’s coastal law is ineffective to further these two objectives.
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Global Problem—Regional Solution? International Law Reflections on an EU CO2 Emissions Trading Scheme for Ships
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International law questions linked to a potential future European Union ‘emission trading scheme’ for shipping are addressed. If such a scheme were to be introduced (which is not yet clear), and if it were designed to cover emissions that have occurred beyond the territorial waters of the Member States or even in other States’ maritime zones (which, in that case, seems likely), it would evoke interesting questions of principle relating to the jurisdiction of States to impose requirements on foreign ships for matters which take place beyond their territory. Different approaches to the question are discussed, starting from the law of the sea, but also including a brief review of other potentially relevant branches of international law. It is concluded that international law does not necessarily prevent the establishment of such a scheme, but places a number of important limitations on its design.
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The United States’ Application of Precaution in Managing Living Marine Resources
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This article surveys the application of “precaution” by the United States (US) in its management of living marine resources. The US has not yet implemented the precautionary principle into its environmental legislation, but regulators, courts, and agencies often rely on precautionary approaches in applying the legislation. An overview of precaution, its background and a description of the many forms it can take is presented first, followed by an overview of the major US federal legislation intended to protect living marine resources, how regulators, courts and agencies apply precautionary approaches in applying the legislation and how federal rules allow individual states to manage living marine resources. A sampling of states and regional state alliances that have applied precautionary approaches is provided and finally a unique international agreement that applies precaution in managing the waters of the Great Lakes is assessed.
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Mauritius/United Kingdom
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UN Security Council
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