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| 1 |
ID:
171144
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| Summary/Abstract |
The doctrine of constructive presence allows a coastal state to pursue and arrest a vessel on the high seas, even though that vessel may have never entered the state’s jurisdiction. This is because the vessel’s presence can be “constructed” inside the state’s jurisdiction when a connection can be found with other craft, suspected of having committed an illegal act there. This article explores the impact of the Tribunal’s decision in the Arctic Sunrise case (2015) on constructive presence. It shows that the necessary link between the vessels is now found when there exists evidence of participation in an illegal scheme.
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| 2 |
ID:
106211
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| 3 |
ID:
152206
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| Summary/Abstract |
In 2011 Mauritius adopted the Piracy and Maritime Violence Act (the Act). The Act does not expressly state that Mauritian Courts have jurisdiction over offenses committed outside of Mauritius. In Director of Public Prosecutions v Ali Abeoulkader Mohamed & Ors, the Mauritian Supreme Court dealt with the issue of whether the Act applied to non-Mauritius citizens where the alleged piracy acts had been committed outside of Mauritius on the high seas. This article assesses the Supreme Court's decision and suggest ways that the Act can be strengthened.
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| 4 |
ID:
181173
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| Summary/Abstract |
Advanced liberal democratic states interdict migrants on the High Seas global commons. Why have liberal states engaged in this practice over the past four decades? Deterrence and humanitarian rescue explain part of this puzzle, but they are insufficient for understanding the patterns and justifications for migrant interdiction on the High Seas. Tension between states promoting international human rights and circumventing those obligations challenges expectations of liberal state behavior. International relations scholars must incorporate the global commons when explaining state behavior; ungoverned areas create exceptional zones for states to partially suspend their standard operating procedures to execute policies furthering their interests. We argue that liberal states use the regulatory gray zones of the High Seas to ‘muddy the waters’ in order to advance their security interests. States with the highest domestic refugee protections have incentives to circumvent their own obligations, which vary over time with changes to domestic asylum laws.
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| 5 |
ID:
147405
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| Summary/Abstract |
Marine ecosystems are a rich source of biodiversity, and healthy oceans are integral to the well-being of the ecosystem. Marine biological diversity, which is unique, is, however, unprotected and is threatened by various stressors on the oceans. The paper outlines the existing ocean governance framework and analyses the gaps and limitations in addressing the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ). It discusses the ongoing mechanisms to address issues related to BBNJ, presents the deliberations and arguments and explores the nature of future agreement for protection of marine biological diversity in areas beyond national jurisdiction. The way ahead for strengthening of institutional arrangements to address existing ocean governance gaps is also discussed. The paper concludes that there is a need for further international cooperation and global support for ensuring conservation of BBNJ.
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| 6 |
ID:
166443
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| Summary/Abstract |
Offshore wind energy projects are currently restricted to the exclusive economic zones of coastal States. Recent advances in technology are raising the prospect of utilising excellent wind resources on the high seas.
Using a global geo-spatial model we identify potential resource areas for this. In the shallow water case for bottom fixed foundations the largest locations are found on the Mascarene Plateau in the Indian Ocean and the Grand Banks in the North Atlantic. The deep water case for floating platforms identifies the largest regions on the Grand Banks/Flemish Cap and Rockall Bank/Hatton Ridge, both in the North Atlantic. The overall legal framework for wind energy projects on the high seas is the United Nations Convention in the Law of the Sea. Flag states will play a central regulatory role for high seas wind energy developments. There is the danger that flags of convenience might evolve and unduly undercut environmental and safety standards that are in place for projects on the territorial sea and EEZ. Such abuse of high seas freedom could compromise the UNCLOS principle of ‘due regard’. Marine spatial planning approaches and the establishment of cooperative mechanisms, led by the IMO, could safeguard against such potential misappropriation.
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| 7 |
ID:
173455
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| Summary/Abstract |
This study assesses China's approach to the global commons, those areas of the globe over which no state exercises sovereignty and that are accessible to all. Examining Chinese behaviour, official statements and expert positions towards the extant high seas and outer space regimes, this research concludes that China approaches the principle of international access to the two domains situationally, reflecting its assessment of how these regimes affect its national interests. The finding cautions against blanket characterizations of China's strategic orientation towards the global commons.
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