The arrest of ships in maritime zones beyond internal waters in Belgian maritime law

Opportunities may arise to arrest a ship in maritime zones beyond internal waters, e.g. in the territorial sea and the exclusive economic zone (EEZ). This paper examines the possibilities for arrest in those areas on the basis of jurisdiction ratione loci and ratione materiae. Under Belgian law the territorial sea is not part of the State's territory; accordingly, the Belgian Judicial Code does not provide for an attachment judge nor a bailiff to have jurisdiction in this area and a fortiori in the EEZ. The law of April 22, 1999 solved the problem of territorial jurisdiction in this respect. As far as a ship's arrest in the EEZ is concerned, it is not clear whether the United Nations Law of the Sea Convention (articles 73 and 220) combined with the requirement of a maritime claim, allows for an arrest at all.     

Rockall and the limits of national jurisdiction of the UK: Part 2

Part 1 of this article, published in the July issue of Marine Policy, contained the first in a four-section examination of the Rockall question. Section I presented a survey of the law governing the delimitation of the continental shelf, the EEZ, and exclusive fishing zones, thus providing a background for sections II–IV, which constitute Part 2. In this Part, the author examines the geography and geology of the Rockall sector and the claims made by the UK, Ireland and Denmark, before drawing conclusions from the whole article.     

Canada and the law of the sea

This is a historical review of Canadian policy at the Third UN Conference on the Law of the Sea. Canadian objectives with regard to the territorial sea, fisheries, pollution prevention and the continental shelf are outlined and the role played by the Canadian delegation at UNCLOS is described. The article then examines the impact of the Convention on Canada, particular attention being paid to the Canadian Exclusive Economic Zone and the Canadian role in the controversy over seabed mining. The author concludes by arguing that Canada was a major beneficiary of the Convention, but that US opposition has placed the future of the Convention in jeopardy.     

Fisheries in the context of marine spatial planning: Defining principal areas for fisheries in the German EEZ

A method is presented to define principal areas for fisheries at high spatial resolution applicable to be implemented into marine spatial planning procedures. Vessel monitoring system (VMS) data from 2005 to 2006 are acquired to determine vessel-based fishing effort. Principal areas for the German exclusive economic zone (EEZ) are defined as areas in which 75% of the effort of either year is carried out. Examples are given for the 5 most abundant fisheries in the German EEZ in terms of vessel-based effort, i.e. gill netting, pelagic trawling, demersal otter board trawling and beam trawling >300 and <300 HP. A historical comparison for demersal otter board trawling shows relative stability of spatial utilization patterns in the North Sea section of the EEZ.     

基于领海基线外推领海、毗连区和专属经济区的2种算法及其比较

由于领海基线一般由折线组成且地球表面为球面,基于领海基线外推领海、毗连区和专属经济区的实际计算存在困难。文章基于交圆法设计最短距离法和椭圆法2种算法并对其优劣性进行比较,研究表明:外推12nmile领海和24nmile毗连区的界线基本与外推的领海基线平行,外推200nmile专属经济区的界线形状变化较大;最短距离法精度高但计算量较大,椭圆法所需计算时间短但精度较低且没有消除误差。     

The exclusive economic zone : State claims and the LOS convention

The rapid acceptance of the exclusive economic (EEZ) concept belies the broad differences among State claims beyond 12 nautical miles, and the wide gulf between State practice and the United Nations Convention on the Law of the Sea (LOS Convention). This paper first examines the areas of contention between State practice and the LOS Convention. These differences are characterized and the author concludes that the EEZ regime within the Convention does not address the specific individual and regional needs of States that have resulted in the wide discrepancy among State claims. The author suggests a global authority under which the jurisdictional line would be redrawn along the practical level of coastal State to vessel, rather than the political plane of coastal State to flag State.     

孟加拉湾海洋划界案初步研究

孟加拉湾划界案是国际海洋法法庭审理的第一起海洋划界案。法庭对盂加拉国与缅甸的领海、专属经济区及大陆架的划界纠纷进行了裁决。分析研究了该案中法庭对这种大陆架案件的管辖权、当事国双方对这一区域的权利主张以及法庭划界采用的法律与划界的方法(等距离/相关情况方法)。     

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.     

海洋主体功能区划方法研究

探讨了海洋主体功能区划的分类、分区、分级、评价单元等基本问题,构建了海洋主体功能区划的评价指标体系,并分别依据我国内水和领海海域、海岛、专属经济区和大陆架等3个区域的特点提出了海洋主体功能区划的方法和路径,以期为海洋主体功能区划工作提供理论和方法借鉴。     

Private rights,public benefits: Industry-driven seabed protection

New Zealand has a large exclusive economic zone (EEZ) that contains a variety of marine habitats and commercially-important species. The commercial fishing industry operating within New Zealand's EEZ is of significant value to the economy and fisheries resources are managed through the extensive use of Individual Transferable Quotas (ITQs). One of the benefits of ITQs has been to better align some of the private incentives of quota owners with the public interest. These incentives contributed to an initiative proposed by the fishing industry to close large areas of New Zealand's EEZ to protect the seabed from trawling. These closed areas are termed benthic protection areas (BPAs) and protect the benthic biodiversity of about 1.1 million square kilometres of seabed—approximately 30% of New Zealand's EEZ. A significant proportion of New Zealand's known seamounts and active hydrothermal vents are protected by these closed areas. We describe and discuss the criteria used to select BPAs and some of the criticism of this marine protection initiative. We argue that the assignment of strong property rights in fishing resources was an important precondition to an industry initiative that has a significant public benefit. Where private and public interests are well aligned, government can adopt an enabling and facilitation role, ceding direct control of processes in order to get the results the align with the public interest.     

国际海洋边界划定与目前状况

本文简要描述了国际海洋边界划定与目前状况，其内容包括海洋边界划定，边界划定与海洋法，世界海洋区域及美国、俄罗斯划界概况和专属经济区与大陆架等问题。文章呼呈我国应加速海洋立法过程，尽快划出专属经济区与大陆架边界。     

Australian practice in respect of the continental shelf beyond 200 nautical miles

Australia׳s remote location and position on the vast Indo-Australian plate mean that possesses one of the largest continental shelf areas in the world. The criteria in Article 76 of the United Nations Convention on the Law of the Sea permit the claiming on continental shelf to 200 nautical miles from territorial sea baselines, and if certain criteria are met based on the configuration and content of the seabed, to distances beyond. During the negotiations at UNCLOS III, Australia was a strong proponent of this extended shelf regime, as it was likely to have large areas beyond 200 nautical miles. Article 76 provides for a number of requirements to be met for a coastal State to assert sovereign rights over areas of continental shelf beyond 200 nautical miles, including a ten year deadline from becoming a party. This placed a disproportionate burden upon Australia, as it faced the same ten year time frame to lodge data with the Commission on the Limits on the Continental Shelf (CLCS) as other States with much smaller areas in issue. Australia also chose not to rely upon measures agreed between State parties to effectively extend this deadline, and to limit the requirements to be met within it. This paper looks at how Australian authorities approached the difficult task, while maintaining the standards required for data by the CLCS, and how the task was ultimately implemented. It also examines how the extended continental shelf arrangements interacted with the rest of Australia׳s law of the sea practice and maritime boundaries with other States. For example, after the entry into force of the Convention, Australia negotiated two maritime boundaries with neighbouring States that each explicitly dealt with areas beyond 200 nautical miles. It concludes with consideration of what issues remain unresolved in respect of the Australian continental shelf beyond 200 nautical miles. The paper will conclude at how Australia׳s implementation has raised new issues with neighbouring States, including an unresolved dispute in the South Pacific Ocean.     

Les flotilles de pêche de l'Union Européenne dans le golfe de Gascogne vues du ciel

Regular flights over the Bay of Biscay by the French Customs Air Service, have enabled us to record more precisely, from 1989 to 1995, the geographical locations of French and other European Community (EU) fishing boats. Data showed three main ‘métiers’ within the Bay of Biscay fishing fleet: French and Spanish bottom trawlers (61 %), French gill-netters and Spanish longliners. More than 80 % of gill-netters worked inside the territorial sea (12 nautical miles) and 60 % of them worked south of Noirmoutier (47°N). Longliners moved according to the seasons, from the edge of the continental shelf to the 50–100 m sounding lines. Since they work at night, only few pelagic trawlers have been recorded (records being made in daylight). The potters, liners and other small ‘métier’ boats of the bay were only located along the coast. The position of the French boats' positions according to their registration district showed that most boats worked close to their landing ports and that the overlap is small between the areas of two neighbouring fleets. Further analysis of the spatial distribution of boats in the French EEZ showed that Spanish boats were mainly recorded in the southern part of the Bay of Biscay, and that most were Basque. Belgian and Dutch beam trawlers fished their quota of sole off the ‘Pertuis Charentais’, the Gironde estuary and the ‘bassin d'Arcachon’. The 100 m sounding line appeared to constitute a demarcation line between the major fraction of the French fleet and other EU fishing boats. Although some fishing areas were only visited by boats practising a particular ‘métier’, others were coveted by everybody and, consequently, were areas with the most serious risk of conflicts.     

A Korean perspective

The adoption of the EEZ in the 1982 UNCLOS represents the culmination of an effort by some parts of the international community to separate “jurisdiction” over the natural resources in offshore waters from the “sovereignty” manifest in the territorial sea. It is clear that the EEZ is a zone that is neither territorial waters nor wholly high-seas. It is also a zone in which competencies are balanced between the need of coastal States to have sufficient authority to exploit and manage their economic resources and the need of all other States to retain high-seas navigation and communications freedoms and uses related to such freedoms. From South Korea's perspective, the EEZ is a sui generic zone in which military and intelligence activities are limited or not allowed without the consent of the coastal State. This is equally applicable in peace and war. Although several States stress that Article 58 of the 1982 UNCLOS permits such activities, increasing EW and IW capabilities may result in reinterpretation of certain provisions of the 1982 UNCLOS.     

典型国家专属经济区及大陆架规划文本比较及对中国启示

本文对澳大利亚、加拿大、英国的专属经济区及大陆架规划进展和规划文本进行对比研究,结果显示这三个国家的专属经济区及大陆架规划文本具有覆盖范围全、定期修订、注重生态系统保护和重视利益相关者的共同特点;同时在规划目标、实施力度、财政支持力度以及跟踪保障措施等方面存在差异。这表明专属经济区及大陆架规划制定应该遵循四个基本理论:国土资源安全理论、动态规划理论、可持续发展理论和利益相关者理论;同时应当做好三方面保障工作:法律保障、管理体制保障和文化保障。在此基础上针对我国专属经济区及大陆架规划目前存在的法律体系、管理体制、管理意识困境,提出相关规划编制建议。     

Sovereign rights and responsibilities: Applying public trust principles to the management of EEZ space and resources

Since the United States proclaimed its 200 nautical mile Exclusive Economic Zone in 1983, US agencies have given little attention to the need to develop effective management principles and strategies for the resources of this vast ocean area. Instead, they have relied upon existing programs and authorities to oversee the development of ocean energy and fisheries. This approach has been criticized by marine policy analysts because it perpetuates the existing, fragmented single-sector ocean regime characterized by inconsistent policies and endemic use conflicts.This paper proposes the adoption of certain principles deriving from the common law public trust doctrine in the management of EEZ resources and space. Historically, the public trust doctrine protected the public's rights and interests in nearshore resources and uses (commerce, navigation, and fishing). These traditional public rights were held by the crown or the government in trust for the people and could not be readily destroyed even though shorelands and coastal waters subject to the public trust might be conveyed into private ownership. In modern times the doctrine has been expanded in the United States to protect public rights in other uses and activities (e.g. conservation, scenic and ecological values, and preservation of open space and habitat) and extended geographically to apply to inland rivers, streams, and lakes.The public trust doctrine already applies in many states to the space, resources, and uses of the territorial sea. Because of the overlap of EEZ and territorial sea resources and uses, this paper considers the advantages of applying public trust principles and concepts to managing the EEZ. These principles include the need to preserve trust lands, waters, and resources for public use and benefit. The doctrine also provides a basis for distinguishing between, and ranking, public uses of trust resources, and imposes both substantive and procedural standards against which the conduct of the govermental trustees of trust, resources may be measured.The authors contrast the public trust doctrine with the ‘public trust’ deriving from the property clause of the US Constitution, and conclude that the broad discretion afforded federal officals under the latter is inconsistent with effective environmental management. Finally, the authors recommend a set of ‘presumptions’ derived from public trust principles that federal courts might follow to resolve serious EEZ space and resource-use conflicts.     

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 complex legal status of the Current Fishing Pattern Zone in the East China Sea

The purpose of this article is to analyze the legal status of fisheries in the East China Sea (ECS) pursuant to these fisheries agreements, focusing on the legal issues of the Current Fishing Pattern Zone (CFPZ) which is provided for in the Fisheries Agreement between Korea and China. The CFPZ is a zone or area in which Korean and Chinese fishing patterns that existed before the agreement are respected. Although the legal status of fisheries in the CFPZ appears to be very simple, it is in fact very complex due to the overlapping jurisdictions of Korea, China and Japan. Therefore, the fisheries regime is rather vulnerable with the possibility of increasing legal conflicts. However, it is noteworthy that fisheries conflicts come up rarely in these relevant waters. This article explores the bilateral fisheries agreements and EEZ laws of the respective states, and thereafter deals with the legal issues that arise in the execution of these agreements regarding the area of overlapping waters.     

利用栖息地适宜指数分析秘鲁外海茎柔鱼渔场分布

根据2003—2007年秘鲁外海茎柔鱼渔获数据以及海洋环境数据 ,利用主成分分析法确定各环境因子的权重,分别采用权重求和法和几何平均法进行栖息地适宜指数(HSI)建模分析,选择最优模型进行实证分析,结果表明,权重最高的环境因子为SST,最小的为Chl-a浓度。HSI值较高的海区一般位于200海里专属经济区外附近海域。经统计比较,用权重求和法计算所得HSI值好于几何平均法。利用2008年茎柔鱼生产数据进行实证分析,产量和作业次数随HSI值升高而增加,权重求和法的HSI模型可用于茎柔鱼渔场的实时动态预报。分析还显示, HSI分布情况与研究海域的的海洋环境密切相关,HSI不小于0.8的海区一般处在水团交汇处。     

利用栖息地适宜指数分析秘鲁外海茎柔鱼渔场分布

根据2003—2007年秘鲁外海茎柔鱼渔获数据以及海洋环境数据[表温(SST),表温水平梯度、表层盐度(SSS)、海面高度(SSH)、叶绿素(Chl-a)浓度],利用主成分分析法确定各环境因子的权重,分别采用权重求和法和几何平均法进行栖息地适宜指数(HSI)建模分析,选择最优模型进行实证分析,结果表明,权重最高的环境因子为SST,最小的为Chl-a浓度。HSI值较高的海区一般位于200海里专属经济区外附近海域。经统计比较,用权重求和法计算所得HSI值好于几何平均法。利用2008年茎柔鱼生产数据进行实证分析,产量和作业次数随HSI值升高而增加,权重求和法的HSI模型可用于茎柔鱼渔场的实时动态预报。分析还显示,HSI分布情况与研究海域的的海洋环境密切相关,HSI不小于0.8的海区一般处在水团交汇处。