自然延伸概念及相关地质要素在海域划界中的影响效力分析

The United Nations Convention on the Law of the Sea entitled the coastal States to naturally extend the continental shelf, which has caused more drastic disputes of maritime delimitation. This paper devotes to clarifying the significant concept of natural prolongation through an effect method combing the legal principles and technical analysis. Firstly, the classic samples with respect of the development of geological features are traced. Based on these samples, the classification with a model is proposed in order to affirm the concept''s significance under certain geomorphologic situations. Lastly, scientific analysis is used to present two potential prolongation situations and emphasize that all the technical analysis on maritime delimitation should be complied with international law and protect the common interest of all the mankind.     

An assessment of the international technology transfer systems and the new Law of the Sea

This paper reviews some of the major issues in the international transfer of technology and the role of international organizations such as the United Nations in the transfer of technology. In 1975, the UN General Assembly endorsed the New International Economic Order (NIEO) which contained many resolutions including improvement of the terms of technology transfer in favor of developing nations. The mandatory provisions of the 1982 United Nations Convention on the Law of the Sea (1982 Convention) became a turning point in the evolution of the role of the international organizations to control the transfer of technology. Although the significance of technology in economic development of the developing countries has been recognized, provisions of the 1982 Convention on technology transfer came under serious scrutiny in the 1980s. In 1994, the discontent with the 1982 Convention among the industrialized countries and the growing popularity of market ideology among the developing countries led to an amendment to the Convention which adopts a market approach for the dissemination of technology and stresses the importance of environmentally sound technology.     

Quantitative analysis for maritime delimitation: Reassessing the Bay of Bengal delimitation between Bangladesh and Myanmar

This article examines technical aspects of the maritime boundary dispute between Bangladesh and Myanmar (the ‘Bay of Bengal case’). This dispute was the first maritime delimitation determined by the International Tribunal for the Law of the Sea (ITLOS). The 2012 decision was also the first time that a maritime boundary for the seabed and subsoil of the Exclusive Economic Zone (EEZ) and the extended continental shelf (ECS) was determined by international adjudication. This was also therefore the first time that detailed technical quantification of seabed areas within the EEZ and ECS was needed for achieving an equitable division of these maritime zones in an international forum. Following review of the principles of maritime delimitation on which the ITLOS reached its determination, this article analyzes the legal status and delimitation effect of St. Martin's Island. Concerning the question of whether the legal regimes of the EEZ and continental shelf should be treated differently in a single delimitation line, although the ITLOS determined that the legal regimes should not be distinguished in the present case, a different approach is proposed for future cases. The article identifies how quantitative modelling can be used to achieve an equitable boundary and proposes a model to adjust provisional equidistance lines in accordance with the complex geophysical rules prescribed for the outer limits of the ECS in Article 76 of the United Nations Law of the Sea Convention (LOSC).     

The US freedom of navigation program preserving the law of the sea

The 1982 United Nations Convention on the Law of the Sea prescribed extensive rules of behavior for the international community in the oceanic regime. Some of the most important provisions of the Convention are those regarding the freedom of navigation and overflight in various maritime zones, i.e. territorial seas, international straits, archipelagos, exclusive economic zones and the high seas.While most coastal nations are complying with the navigation and overflight provisos of the Convention, some are not. Where excessive maritime claims exist, the US has evolved an ambitious Freedom of Navigation (FON) Program which challenges these excessive claims. This Program was initiated under the Carter Administration in 1979 and has continued, unabated, ever since.As the international community prepares for the day when the 1982 Convention becomes universally-recognized international law, there are likely to be periodic excessive maritime claims. In cases where the Convention's dispute settlement provisos fail to resolve excessive claims, the community of nations may find it useful to use the US FON Program as an example for the enforcement of maritime rules.     

The formation and tectonic evolution of Philippine Sea Plate and KPR

The Philippine Sea Plate has an extremely special tectonic background. As an oceanic plate, it is almost entirely surrounded by subduction zones with complex internal tectonic features. On the basis of enormous published literature, this paper offers a comprehensive overview of the tectonic and evolution history of the Philippine Basin and the Kyushu-Palau Ridge (KPR) in the Philippine Sea Plate, and discusses the geological features of KPR. Referring to relevant definitions of various "ridges" stipulated in United Nations Convention on the Law of the Sea, so the KPR is believed to be a remnant arc formed during the opening of the Parece Vela and Shikoku Basins in the Philippine Sea Plate. It is a submarine ridge on oceanic plate rather than a submarine elevation. And thus, it is not a natural component of the Japan continental margin.     

Approaches to addressing the problems of pollution of the marine environment: an overview

A review is presented of major international actions taken to address the pollution of the marine environment, from various sources. The actions are put into the context of the third United Nations Convention on the Law of the Sea and the outcomes of the United Nations Conference on Environment and Development 1992, and are related to major issues facing society with respect to the marine environment. These concern governance, institutions, implementation of international agreements, capacity building, as well as impacts on the ocean and needs for research and observations. The need for political will to act is also emphasized.     

Problems in turbidite research: A need for COMFAN

Comparison of modern submarine fans and ancient turbidite sequences is still in its infancy, mainly because of the incompatibility of study approaches. Research on modern fan systems mainly deals with morphologic aspects and surficial sediments, while observations on ancient turbidite formations are mostly directed to vertical sequences. The lack of a common data set also results from different scales of observation. To review the current status of modern and ancient turbidite research, an international group of specialists formed COMFAN (Committee on Fans) and met in September 1982 at the Gulf Research and Development Company research facilities in Pennsylvania. Margin setting represents fan and/or source area     

Marine science and technology transfer: Can the Intergovernmental Oceanographic Commission advance governance of biodiversity beyond national jurisdiction?

Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea . The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources are illustrated. Four key lessons from the IOC are examined: 1. Coordinating international cooperation in marine scientific research; 2. Enabling open access to data and knowledge; 3. Facilitating capacity development through scientific training and education; and 4. Governance of marine scientific research. Realising the potential of the IOC to advance governance solutions for ABNJ will depend on increased political will from Member States and strengthened partnerships to reduce resource constraints and enhance the IOC's capacity at global and regional scales.     

Sustaining marine life beyond boundaries: Options for an implementing agreement for marine biodiversity beyond national jurisdiction under the United Nations Convention on the Law of the Sea

For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement.     

China's exclusive economic zone and continental shelf: developments,problems, and prospects

China promulgated its Law on the Exclusive Economic Zone and the Continental Shelf in 1998 after it had ratified the United Nations Convention on the Law of the Sea in 1996. By so doing, China has formally established a legal regime for its exclusive economic zone and continental shelf. However, China has much to do in implementing the above law. Domestically, it needs some detailed regulations for the implementation; and regionally China has to negotiate with its neighboring countries on the maritime boundary delimitation of the exclusive economic zone and the continental shelf.     

Shallow-water longshore drift-fed submarine fan deposition (Moisie River Delta, Eastern Canada)

Submarine canyons and associated submarine fans are in some cases located at the end of a littoral cell where they act as conduits for the transfer of eroded terrigenous sediments to the marine environment. Such fans are generally found in deep-water settings at >500 m water depth. Offshore the Moisie River Delta (NW Gulf of St. Lawrence, Eastern Canada), high-resolution multibeam bathymetry and seismic data led to the discovery of an unusually shallow submarine fan (≤60 m) located at the end of a littoral cell. Sediment is transported westward on the shallow coastal shelf, as demonstrated by the downcurrent displacement of oblique nearshore sandbars where the shelf narrows to less than 1 km. The steep slope near the end of the littoral cell is incised by a channel that feeds a submarine fan composed of smaller channels and depositional lobes. According to existing Holocene evolution models for the region, the fan formed within the last 5,000 years. Its evolution is largely due to the transport of sediment by longshore drift. Multibeam echosounder and seismic data also reveal that the gravity-driven accretion of the submarine fan is characterized mainly by two processes, i.e., frequent small-scale, downslope migration of sandwaves on the slope, and more episodic slumping/turbidity-current activity in the deeper part of the fan. This study documents that, besides their common deep-water location, smaller-scale submarine fans can occur also in very shallow water, implying that they could be more frequent than previously thought both in modern environments and in the rock record.     

Experimental activities that intentionally perturb the marine environment: Implications for the marine environmental protection and marine scientific research provisions of the 1982 United Nations Convention on the Law of the Sea

The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed.     

大陆坡脚确定原则与方法

大陆坡脚是大陆边缘的一个重要地形特征,是沿海国扩展其大陆架权利和划定其200海里以外大陆架外部界限的基础,也是大陆架界限委员会审议沿海国划界案时特别关注的重要技术参数。《联合国海洋法公约》第76条大陆架制度的制定源于典型的被动大陆边缘。但由于全球大陆边缘的多样性和复杂性,特别是后期构造活动、沉积作用对大陆边缘的改造与影响,海底地形地貌异常复杂多变,导致大陆坡脚的识别非常困难。加上各沿海国为获得最大范围的外大陆架,对大陆坡脚的相关规定进行有利于自己的解释,使得大陆坡脚的确定成了外大陆架划界中一个颇具争议的热点问题。本文基于对《联合国海洋法公约》和《大陆架界限委员会科学和技术准则》对大陆坡脚的规定,结合不同类型大陆边缘的地质特征和各沿海国划界实践,对陆坡基部区的确定、坡度变化最大之点的选取以及相反证明规则的适用性等问题进行了探讨。     

Marine administration and spatial data infrastructure

This paper reviews the emergence of the spatial dimension of marine and coastal zone administration, and examines several initiatives around the world that contribute to this idea. Spatial data have been recognised as an important resource to improve decision-making and resource management in both the land and marine environments in terms of sustainable development. Many countries are developing Spatial Data Infrastructures (SDIs) to improve access and sharing of spatial data, however, most of these initiatives stop at the coastline. Recently, global and regional activities such as the 3rd United Nations Convention on the Law of the Sea (UNCLOS) and the Sustainable Development Strategy for the Seas of East Asia (SDS-SEA) have brought to international attention the importance of effective administration of the marine and coastal environments.     

国家管辖范围以外区域环境影响评价的筛选机制研究

国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。     

试论中国海的地球物理工作

中国海纵跨42个纬度，与8个相邻和相向的国家存在着划界问题。划界谈判关系到国家的主权和权益，而其中更关键的则是资源，特别是海底油气资源。中国海的油气资源丰富，过去40多年地质地球物理工作已发现一系列新生代陆相沉积盆地，现在更进一步认识到前新生代海相残留盆地的存在。尤其是近年世界油气勘探往深水盆地发展的趋势，都已经向地球物理提出更高要求。此外，随着国家经济社会的迅速发展，环境与工程必然向地球物理提出更多的任务和更高的要求。与此同时，从国家安全的角度出发。保卫中国海还必须大力发展军事地球物理学研究。     

Indonesia tuna fisheries development and future strategy

Tuna has made a significant contribution to Indonesian and world fisheries. Indonesian tuna fisheries were introduced from Japan, Taiwan and Korea. Longline fishing was introduced in 1962, and purse seine gear was first used in 1974. Many foreign vessels have reflagged to the Indonesian flag. The Indonesian government developed its own tuna fisheries and closed the chartering program in 2006. Through these efforts, Indonesia became the number one tuna production country in 2004 and has further targeted an increase in marine capture fisheries catch of 0.5%/year from 2010 to 2014. Tuna resources remain under pressure globally. The tuna regional fisheries management organizations attempt to manage tuna fisheries by strengthening conservation of stocks. To enhance international cooperation, Indonesia ratified the 1982 Convention on the Law of the Sea in 1985 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in 2005 and became a member of Indian Ocean Tuna Commission and Commission for the Conservation of Southern Bluefin Tuna and a cooperating non-member of Western and Central Pacific Fisheries Commission in the 2000s. Consequently, Indonesia adopted domestic regulations to comply with management measures. For future sustainable development, Indonesia needs to build its capacity, improve its compliance with the tuna RFMOs’ conservation and management measures, strengthen data collection, develop its products to increase their quality and diversification, and enhance its international cooperation.     

Fair and equitable sharing of benefits from the utilization of marine genetic resources in areas beyond national jurisdiction: Bridging the gaps between science and policy

Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community.     

International law considerations for owners and operators of cabled and buoy observatories

Numerous undersea observatories using cables or buoys are being planned and implemented by scientists and engineers. These projects are being planned with service lives measured in decades. The geographic reach of these systems extends beyond national waters and well into the high seas. Procurement and maintenance of these systems must be cost effective if they are to realize their scientific goals. This objective can be enhanced if the scientists and engineers designing, building, and operating these systems do so with awareness of the responsibilities, liabilities, and advantages accorded marine scientific research under international and maritime law. Generally, these subjects are addressed in the United Nations Law of the Sea Convention 1982 (UNCLOS), as it is supplemented by appropriate national law. This paper provides a basic overview of applicable international law. For purposes of showing the relationship between UNCLOS with national law, U.S. law is utilized, although many nations have similar approaches in their domestic law. In planning an undersea observatory system, a complete and timely analysis of the national law of jurisdictions with a factual nexus to the system is recommended at the earliest stages.     

Problems in turbidite research: A need for COMFAN

Comparison of modern submarine fans and ancient turbidite sequences is still in its infancy, mainly because of the incompatibility of study approaches. Research on modern fan systems mainly deals with morphologic aspects and surficial sediments, while observations on ancient turbidite formations are mostly directed to vertical sequences. The lack of a common data set also results from different scales of observation. To review the current status of modern and ancient turbidite research, an international group of specialists formed COMFAN (Committee on Fans) and met in September 1982 at the Gulf Research and Development Company research facilities in Pennsylvania.