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OCEAN DEVELOPMENT AND INTERNATIONAL LAW VOL: 47 NO 1 (5) answer(s).
 
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ID:   145655


“Grey Area” in the Northern Bay of Bengal: a note on a functional cooperative solution / Mishra, Raghavendra   Journal Article
Mishra, Raghavendra Journal Article
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Summary/Abstract The judgments in maritime delimitation cases involving Bangladesh and Myanmar (2012) and between Bangladesh and India (2014) have resulted in a “Grey Area” in the northern Bay of Bengal involving intersecting and overlapping rights and responsibilities in terms of the exclusive economic zone (EEZ) and continental shelf regimes. This article seeks to identify a functional solution for this Grey Area.
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2
ID:   145654


Implementing article 28 of the un fish stocks agreement: the first review of a conservation measure in the south pacific regional fisheries management organisation / Serdy, Andrew   Journal Article
Serdy, Andrew Journal Article
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Summary/Abstract This article assesses the contribution of the 2013 Review of the South Pacific Regional Fisheries Management Organisation's measure on jack mackerel to effective decision making as mandated by the UN Fish Stocks Agreement. Though positive overall, the review highlights some potential flaws, notably the dilemma that the requirement of an alternative measure equivalent in effect to the one challenged may, if interpreted strictly, lead to a replacement measure just as unacceptable to the state initiating the review. Other issues emerging from the review are the incentive to overreport catch in anticipation of an allocation and a doubtful interpretation of a central provision in the treaty that created the organization.
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3
ID:   145656


Issue of jurisdiction over mixed disputes in the chagos marine protection area arbitration and beyond / Qu, Wensheng   Journal Article
Qu, Wensheng Journal Article
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Summary/Abstract The real issue in the Chagos Marine Protection Area Arbitration should have been the dispute concerning the Lancaster House Undertakings, over which the Arbitral Tribunal had no jurisdiction. The UNCLOS has no express provision respecting the jurisdiction over mixed disputes—disputes involving territorial sovereignty and maritime boundary delimitation. Thus, a court or tribunal facing a mixed dispute should refrain from exercising its jurisdiction over the maritime issue if its resolution is premised on the resolution of the sovereignty issue involved.
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4
ID:   145657


Reflections on the principle of non-cut off: a growing concept in maritime boundary delimitation law / Acikgonul, Yunus Emre   Journal Article
Acikgonul, Yunus Emre Journal Article
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Summary/Abstract The application of the principle of non-cut off is a significant tool in maritime delimitation to provide an equitable solution. Unfortunately, scholars and experts have paid scant attention to this principle of maritime delimitation. This article analyzes the growing role of the principle of non-cut off in the law of maritime boundary delimitation and examines the related jurisprudence on the issue.
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5
ID:   145658


Russia's revised Arctic seabed submission / Jensen, Øystein   Journal Article
Jensen, Øystein Journal Article
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Summary/Abstract This article identifies the key aspects of the Partial Revised Submission of the Russian Federation with respect to continental shelf areas beyond 200 nautical miles in the Arctic Ocean. It focusses on pro- cedural and substantive legal issues, including how seafloor highs were legally classified and how Russia used referenced “sector lines” to determine the outer limits of its shelf.
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