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| Srl | Item |
| 1 |
ID:
188224
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| Summary/Abstract |
In August 2021, Pacific Islands Forum Leaders issued the Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise (PIF Declaration), declaring their intention that their maritime zones, and rights and entitlements flowing from those zones, would be maintained notwithstanding the effects of sea-level rise. This article offers a commentary on the PIF Declaration in the context of scholarly debate on sea-level rise implications for baselines and maritime zones, and in light of its historical lineage. The PIF Declaration’s significance lies in giving prominence to a package of state practice, comprising the establishment of maritime zones using fixed methods, their notification to the international community, and their maintenance over time. The article examines evidence of such practice among PIF members, and considers how such practice advances the PIF Declaration’s claim that the preservation of maritime zones may be achieved through the interpretation and application of the UN Convention on the Law of the Sea.
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| 2 |
ID:
188225
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| Summary/Abstract |
This article investigates and examines the efficacy of the multilateral and bilateral modalities or mechanisms in managing the South China Sea dispute between China and Association of Southeast Asian Nations (ASEAN) claimant states. There are three multilateral modalities in the management and control of the South China Sea dispute: the “ASEAN + China,” “ASEAN + X” and “ASEAN-X” modalities. At the bilateral level, mechanisms have developed between China and the Philippines, China and Vietnam, and China and Malaysia. It is argued in this article that the “ASEAN + China” modality remains the most realistic multilateral arrangement currently, while the alternative options of “ASEAN + X” and “ASEAN-X” might be feasible in the long term. Meanwhile, while bilateral mechanisms have fostered trust building and pragmatic maritime cooperation in the South China Sea, they are facing a number of challenges.
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| 3 |
ID:
188226
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This article examines the concepts of “research fishing” and “directed fishing” under the Ross Sea region Marine Protected Area (RSrMPA) with specific regard to MPAs as a conservation tool, drawing comparisons with related concepts contained in two other agreements, namely, the 1946 International Convention for the Regulation of Whaling (ICRW) and the 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). It first reviews the negotiation processes of the RSrMPA, focusing on debates between so called “fishing states” and “conservation states,” as well as the political compromise that led to the establishment of the RSrMPA. Second, it takes a detailed look at the regulation of “research fishing” and “directed fishing,” which may be conducted in the RSrMPA and the three zones into which it is divided. Third, it analyzes how “scientific research activities” and “exploratory fishing” are regulated in the CAOF Agreement. Thereafter, this article examines the role of the concept of whaling “for purposes of scientific research” under the ICRW. It concludes with an assessment of differences and similarities between the analyzed regulatory instruments, which identifies recommended lessons for the design of Conservation and Management Measures establishing MPAs that both reflect the precautionary approach and strike a balance between conservation and utilization.
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| 4 |
ID:
188223
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| Summary/Abstract |
The United Nations Convention on the Law of the Sea (UNCLOS) is credited for promoting order in the world’s oceans. This article evaluates UNCLOS in the context of maritime boundaries in areas of hydrocarbon potential. It uses a dataset of 109 maritime boundaries and finds that the most frequent maritime boundary resolution methodology was not a negotiated delimitation agreement, but a solution only indirectly referenced by UNCLOS: a Joint Development Area agreement with prescriptive resource sharing. This study also discovered that disputes that involve states that have chosen to opt out of compulsory dispute resolution procedures are more likely to remain unresolved than otherwise.
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