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Modern View
OCEAN DEVELOPMENT AND INTERNATIONAL LAW VOL: 47 NO 1
(5)
answer(s).
Srl
Item
1
ID:
145655
“Grey Area” in the Northern Bay of Bengal: a note on a functional cooperative solution
/ Mishra, Raghavendra
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.
Key Words
Bay of Bengal
;
Grey Area
;
Maritime Delimitation
;
Cooperative Management
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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
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.
Key Words
Decision Making
;
RFMOs
;
UN Fish Stocks Agreement
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3
ID:
145656
Issue of jurisdiction over mixed disputes in the chagos marine protection area arbitration and beyond
/ Qu, Wensheng
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.
Key Words
Chagos Marine Protection Area Arbitration
;
Mixed Disputes
;
UNCLOS Dispute Settlement
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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
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.
Key Words
Maritime Boundary Delimitation
;
Equitable Result
;
Principle of Non-Cut Off
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5
ID:
145658
Russia's revised Arctic seabed submission
/ Jensen, Øystein
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.
Key Words
Russia
;
Arctic
;
Continental Shelf
;
Commission on the Limits of the Continental Shelf
;
Outer Limits
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