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| 1 |
ID:
152770
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| Summary/Abstract |
Evaluation of scientific evidence is one of the challenges arising in the tribunal and court cases that deal with the continental shelf beyond 200 nautical miles (nm). Given the difficulties rooted in the interface between law and science regarding the establishment of the entitlement to the continental shelf beyond 200 nm, the current judicial practice offers limited guidance in enhancing transparency and openness in evaluating the scientific evidence. Utilizing procedures providing for the assistance of experts is advisable, as this could facilitate the achievement of an equitable solution in the cases.
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| 2 |
ID:
152773
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| Summary/Abstract |
Historic titles and historic rights have been a complicated issue in the law of the sea both conceptually and practically. The South China Sea Arbitration between the Philippines and China raised important issues regarding the contemporary relevance and validity of historic claims, and the relationship between the Law of the Sea Convention and historic rights. This articles examines historic rights and historic titles in the law of the sea in the light of the South China Sea Arbitration and evaluates the contribution of the Tribunal's Awards to the clarification of these concepts.
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| 3 |
ID:
152769
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| Summary/Abstract |
This note explores the nature of Article 234 of the 1982 UN Convention on the Law of the Sea in light of decreasing Arctic ice cover. Despite various readings and possible interpretations of Article 234, the principal source of the rules of treaty interpretation is the 1969 Vienna Convention on the Law of Treaties. The note concludes, based on treaty interpretation, that there are no legal grounds for changing the Arctic regime based on Article 234 in light of the decreasing ice cover in the Arctic.
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| 4 |
ID:
152771
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| Summary/Abstract |
This article reports the findings of an empirical study on the regulation of ship-source pollution at one United Kingdom-based global ship management company. In examining the corporate response of the case-study company, particular attention is given to the regulatory influences promoting such compliance as expressed in the views of company executives. The findings show that both legal regulatory pressures and customer demands are important factors in encouraging the company to comply with environmental requirements. However, the study also revealed that compliance with environmental requirements ultimately depends on the way in which individual companies adapt to different national regulatory and enforcement regimes.
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| 5 |
ID:
152768
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| Summary/Abstract |
The legal classification of the boundary straits of the Salish Sea between the western United States and Canada as either historic internal waters or territorial seas, subject to a right of innocent or transit passage, has been the subject of periodic debate within the U.S. government since the United States and Great Britain entered into the 1846 Oregon Treaty. As neither state has made an express public claim of historic title to the waters, any evidence for such a claim must be sought in less explicit and sometimes conflicting sources. This article applies the United States' legal test for a historic waters claim, recently set out in the U.S. Department of State's analysis of China's claims in the South China Sea, and concludes that the boundary waters of the Salish Sea would not meet that test. Accordingly, the waters of the Salish Sea boundary straits on the United States' side of the international boundary must be considered a territorial sea.
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