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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:
171143
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| Summary/Abstract |
Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN Convention on the Law of the Sea (UNCLOS) to the access and benefit-sharing issues. It concludes that the MSR regime of UNCLOS provides the legal basis for setting up nonmonetary-benefit sharing obligations, including the dissemination of information, data, and research results concerning MGRs at the UN negotiations on marine biodiversity in the ABNJ.
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| 3 |
ID:
171146
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| Summary/Abstract |
Lafkenche and Williche, the Mapuche coastal population in Chile, used coastal marine areas and resources for centuries. The Spanish colonization and the subsequent establishment of the Republic of Chile curtailed these access rights and traditional uses. In 2008, the government of Chile introduced the “Lafkenche Law” establishing exclusive access rights for traditional indigenous use of coastal marine areas and resources, but the law has not led to effective self-determination or the development of the ethnic Mapuche populations. Interviews with indigenous community leaders in October 2014 confirmed their dissatisfaction with this law. This article discusses whether the experience of other nations, such as the innovative Community Development Quota Program in Alaska in the United States, which allocates a portion of certain species in the Bering Sea to coastal communities, can help overcome marine resources access barriers affecting the Mapuche people.
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| 4 |
ID:
171145
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| Summary/Abstract |
This article examines the development and peacetime activities of the Norwegian Coast Guard through the lens of sea control. It argues that the creation of economic and fisheries protection zones has dramatically shaped the extent to which a smaller naval power, like Norway, has had to increase its ability to monitor and control maritime space. Although the maritime means and ends vary widely between peacetime and wartime contexts, the fundamentally contested aspect of sea use can still be discerned in the influence of international maritime law on Norwegian seapower.
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| 5 |
ID:
171147
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| Summary/Abstract |
The Louisiana and Texas Rigs-to-Reefs programs enjoy widespread public, industry, and government support and have become models for similar programs around the world. Louisiana’s Rigs-to-Reefs program is the largest in the world, and since its inception in 1986 about 363 oil and gas platforms have been donated, or on average about 12 structures per year. Texas’s Rigs-to-Reefs program started in 1990, and since this time about 154 structures have been donated, or about six structures per year. A summary update of the Louisiana and Texas reef programs is provided, along with recent changes in legislative activity. Donation trends and statistics are reviewed. The Rigs-to-Reefs programs are unlikely to see donation activity above historic levels, and both programs should start planning for a future where the income generated from future projects diminishes.
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