The Guinea-Bissau–Senegal maritime boundary dispute

This article discusses the role of negotiation, arbitration, and that of the International Court of Justice (ICJ) in resolving maritime boundary disputes in the Gulf of Guinea region. Primarily using the cases of Guinea-Bissau and Senegal, the paper highlights that joint maritime development agreements could be a better option for resolving existing maritime boundary disputes in the region rather than outright delimitation requests.     

An economic analysis of drawing lines in the sea

It is shown that low dispute costs relative to expected resource rents from oceanic resources favor drawn out disputes over maritime boundaries; asymmetric dispute costs favor agreement on boundaries wanted by the low dispute cost state party; and high symmetric dispute costs favor formation of joint development zones (JDZs). The fact that most maritime boundaries have not yet been drawn suggests that state parties think that resource rents that can be drawn from the oceans are high relative to dispute costs. Moreover, the recent mini-trend towards JDZs in East Asia suggests that state parties in the area have recently reassessed dispute costs as being higher than previously believed.     

Potential conflict in the South China sea and environs

There are many territorial disputes in Asia — both on continental Asia and in the surrounding seas. These disputes are often extensions of wider ethnic, historical and ideological rivalries. A relatively new development in disputes over island territories and EEZ boundaries is the economic dimension that has been added to old disputes and rivalries: the disputing nations, aware of the benefits that offshore oil and minerals, as well as fishing, can provide to their economies, have a clear financial incentive to pursue their claims as strongly as they dare. National pride and wider political and ideological conflicts with their rival claimants further reduce the prospects for compromise. Tensions are increased by the possibility that a military conflict in pursuit of a claim could lead to escalation, drawing the USA and the USSR into the dispute. This article outlines some of the major tension points in the area of the South China Sea.     

Royal Navy cuts—former minister comments

These articles concern two countries with broadly similar diplomatic and military alignments but with defence policies which appear to be evolving in opposite directions. In the first article, Keith Speed MP, Parliamentary Under-secretary of State for the Royal Navy until May 1981, offers a critique of UK naval policy as outlined in the Defence White Paper of June 1981. In the second article, Kaiji Yamaguchi, a professor of international law and member of the Japanese Navy, analyses Japan's defence imperatives in the light of Soviet activity in North-east Asia and US pressure on the Japanese government to increase its defence budget. Both articles highlight the dilemma posed by Soviet expansionism requiring a positive response from the West and a world recession which demands reductions in public spending.     

The defence of Japan

These articles concern two countries with broadly similar diplomatic and military alignments but with defence policies which appear to be evolving in opposite directions. In the first article, Keith Speed MP, Parliamentary Under-secretary of State for the Royal Navy until May 1981, offers a critique of UK naval policy as outlined in the Defence White Paper of June 1981. In the second article, Kaiji Yamaguchi, a professor of international law and member of the Japanese Navy, analyses Japan's defence imperatives in the light of Soviet activity in North-east Asia and US pressure on the Japanese government to increase its defence budget. Both articles highlight the dilemma posed by Soviet expansionism requiring a positive response from the West and a world recession which demands reductions in public spending.     

Asia and IMO technical cooperation

Asia is an important maritime region and plays a key role in international shipping. However, its countries vary significantly in terms of maritime infrastructure, management and resources, and needs external assistance to overcome obstacles to meet global technical requirements and standards. This paper discusses the assistance provided by the International Maritime Organization in support of the efforts of developing countries to strengthen the reliability and performance of their maritime activities.     

Sunken WWII shipwrecks of the Pacific and East Asia: The need for regional collaboration to address the potential marine pollution threat

Oil, chemicals and unexploded ordinances onboard sunken World War II (WWII) warships and merchant vessels pose a real and significant marine pollution risk to the nations of the Pacific and East Asia. A recent project of the South Pacific Regional Environment Program (SPREP), through its Pacific Ocean Pollution Prevention Program, has highlighted the extent of the risk posed by vessels lost in WWII to Member Governments. Some of these vessels have already begun to leak fuel oil and cargo into the fragile environment of the Pacific atolls. The oil spills from the oil tanker USS Mississinewa sunk in Ulithi Lagoon, Federated States of Micronesia, will be used as an example of the problems associated with WWII wrecks in the region.A Regional WWII Wreck Strategy was formulated and endorsed by the Members of SPREP, and a preliminary risk assessment of WWII shipwrecks was carried out by the program, as part of this exercise. This led to the development of a Geographic Information System (GIS) database, which details the types of ships, the tonnage and location of over 3800 vessels lost in the Pacific and East Asia. Although not complete, the Pacific WWII Shipwreck Database totals over 13 million tons of sunken vessels—ranging from aircraft carriers to battleships and including over 330 tankers and oilers.As a major proportion of vessels lost during WWII rest in the East Asian–Pacific sea area, close collaboration needs to be established between the regional environmental bodies and their affected Member Governments to address the scale of marine pollution risk. Complex maritime jurisdictional issues, along with overlapping claims on Economic Exclusion Zones and the interrelationships of the marine environments in the region, also underscore the need to address the issue on a multilateral basis.This paper aims to highlight the extent of the risks posed by sunken WWII vessels to fisheries, marine and coastal resources of the Pacific and East Asian regions, as well as the issues of ownership and responsibility for the WWII shipwrecks of the Pacific.     

Using conservation as a tool to resolve conflict: Establishing the Piran–Savudrija international Marine Peace Park

Border disputes between neighbouring States are a regular occurrence and have the potential to undermine relations at national, regional, local and even individual level. In this instance the conflict over Piran Bay in the Northern Adriatic Sea has led to conflict between the neighbouring States of Croatia and Slovenia. The lack of resolution of this conflict resulted in Croatia being delayed in its accession into the European Union (EU). The border dispute remains unresolved and will go to international arbitration in 2013. Yet it is unlikely that arbitration will provide a solution agreeable to all stakeholders. It is likely that residual feelings of injustice will remain, especially at local level. Analysis of the political context of the dispute and recognition of the biological importance of the region has led to opportunity to combine politics and biological conservation to establish an International Marine Peace Park (IMPP) as a potential mitigation measure to help resolve the conflict. This initiative aims to develop regional ownership over a shared marine space linking the local communities of Slovenia and Croatia that co-habit the adjacent Istrian peninsula. The area of the proposed Piran–Savudrija IMPP hosts numerous habitat types and species which are representative of the region and are of international and national conservation importance. The policies and opportunities associated with EU accession provide the potential political, economic and environmental frameworks to develop a regional agency or a bi-national steering committee for the management of the area. This could allow local communities to develop equitable management and restore good relations while preserving an important regionally representative marine area.     

East Asian naval developments—sailing into rough seas

Naval programs are back on the agenda in East Asia, after a lull in defence spending in the wake of the Asian financial crisis. The region is facing increased tensions at sea unless there is a new focus on maritime confidence-building measures. The region does, however, need to tread warily with naval cooperation, lest it stimulate controversy and tension, while gradually moving to exploit those opportunities for building confidence at sea.     

南海北部近岸海域风场特征分析与预报研究

南海北部近岸海域北靠东亚大陆,南面广阔的南海海域,地理位置十分独特,具有典型的季风特征.本文对南海北部近岸海域风场与大尺度大气环流特征的相关分析,阐述大气环流异常对南海北部近岸海域风场的影响.研究表明,南海北部近岸海域风场分布具有较强的区域性和季节性;因气候年际变化的强弱,如厄尔尼诺与南方涛动(ENSO)循环、南海暖池...     

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.     

AI南海主权证据链知识管理系统构建研究

维护并管理我国南海主权,建设系统、科学、实用的AI主权证据链云系统,应对长远而复杂的南海形势,具有重大的战略意义.鉴于南海主权证据链,需要在国际法、国际政治和国际关系的复杂系统中运行作用,具有知识交叉、学科复杂、形势多变的特点;南海突发事件、国际舆情事件需要我国快速反应,科学决策具有人工智能特点的南海主权证据链知识管理智慧云系统,满足预警决策需求.因此,基于南海争端的复杂长远性、危机突发性等特点,本文在开展国家项目南海云系统构建研究中提出,进行南海主权证据链系统知识管理原理与实践研究,以期通过主权证据链知识管理云系统应对南海长期复杂的斗争.未来运用AI南海主权证据链知识管理智慧云系统,还需要进行大量的算法研究与设计.     

Choppy waters ahead in “a sea of peace cooperation and friendship”?: Slow progress towards the application of maritime joint development to the East China Sea

China and Japan’s June 2008 agreement in principle on maritime cooperation in the East China Sea raised hopes of a significant breakthrough in the parties' complex and long-standing disputes in the area. Subsequent progress towards the realisation of a legally binding, formal treaty on, for example, offshore petroleum joint development has been slow to materialise. In fact, the area under dispute appears to have become more rather than less extensive. This paper examines competing maritime and sovereignty claims in the East China Sea together with progress towards maritime cooperation in the context of overlapping jurisdictional claims. The paper identifies some of the key challenges that need to be overcome in realizing a functioning joint resource management regime in the East China Sea.     

Codes of conduct in the South China Sea and Taiwan's stand

The Association of Southeast Asian Nations (ASEAN) and China are in the process of negotiating a regional code of conduct in the South China Sea. It is believed that the code, if adopted, will help to build trust and confidence among the claimants to ownership of the disputed islands located in the Spratlys/South China Sea area as well as promote stability in the Asia–Pacific region. Taiwan is one of the six parties directly involved in the sovereignty and maritime jurisdictional disputes in the area. However, it has been excluded from participating in the regional efforts to formulate the code of conduct. This article examines the current situation of the formulation of the ASEAN–China regional code of conduct in the South China Sea and Taiwan's stand on the issue.     

东亚沿岸近期相对海平面的升降趋势

根据东亚沿岸４５个水位观测站的长序列水位资料，用不同的计算区域平均海平面升降的方法，估计了该区海平面升降趋势。结果表明，从本世纪５０年代初至９０年代初，整个海区平均而言海平面呈上升趋势。海平面升降的区域性变化较大：中国沿岸除山东半岛外，其他海区平均是上升的，在日本群岛南部和朝鲜半岛南部沿岸，由几种方法得出的结果多数是上升的，但上升幅度很小。本文对东亚沿岸海平面升降的估计结果与Ｂａｒｎｅｔｔ的相应估计差别较大，其主要原因是Ｂａｒｎｅｔｔ选站较少，且选的站集中在该区南北两端，中间部分无资料；估计方法虽有影响，但属次要的。     

Disputed South China Sea hydrocarbons in perspective

Maritime and territorial disputes have been a source of tension among the states bordering the South China Sea for decades. These disputes are often framed as being at least partially driven by the desire to gain access to much needed seabed hydrocarbon resources. Suggestions that major oil and gas riches are at stake in the South China Sea have arguably encouraged States to be inflexible in their claims and negatively impacted on bilateral relations. Indeed, controversial incidents relating to hydrocarbon exploration have occurred on multiple occasions, and as recently as mid-2011.This paper critically examines the South China Sea ‘hydrocarbon factor’. The wide range of estimates that circulate in the public domain are discussed in detail. Using a hypothetical and optimistic estimate of disputed oil and gas reserves based on the best possible interpretation of available data, depletion and production curve analysis is applied to determine the production profile of disputed reserves, and an evaluation of their potential benefit to energy security for each country with claims in the South China Sea is made. Analysis shows that constraints on production mean that disputed South China Sea oil and gas may only constitute a small part of the solution to Southeast Asia's growing energy security challenges, and does not have the capacity to reverse the trend of growing reliance on imports to the region. Escalating demand for imported hydrocarbons would instead reinforce the importance of sea-lane security to regional energy security.     

Accumulation of plastic litter on beaches of Amchitka Island,Alaska

Between 1972 and 1974 plastic marine litter on ten 1-km beaches at Amchitka Island increased from 2,221 to 5,367 items—a 2·4 x increase in a two-year period. Most litter originated from Japanese and Soviet fishing vessels, but some items were from the Asian coast, at least 1,150 km distant. In 1974 there were 345 kg of common items of plastic litter per kilometre of beach. In 1972, an estimated 1,664 metric tons of plastic litter was lost or dumped from fishing vessels in the Bering Sea and North Pacific Ocean. Stranded plastic litter persists indefinitely but rapidly becomes buried in beach material or is blown inland and covered with vegetation. The most serious environmental impact is probably entanglement of marine mammals and birds in some types of litter. The accelerating accumulation of litter could be reduced through unilateral action by countries that regulate coastal fishing privileges if these countries make litter control a condition for permission to fish.     

“See you in court!”: Whaling as a two level game in Australian politics and foreign policy

Until recently, successive Japanese and Australian governments have contained disputes over whaling within the International Whaling Commission. Domestic political circumstances and the national interest imperatives of the Japan–Australia relationship clearly have played an important role in shaping Australia's anti-whaling policy from its inception, and Australian policy makers traditionally have sought to balance both sets of interests in the implementation of this bi-partisan policy position. But in 2010 the Australian government launched international legal action against one its oldest and most important regional partners and allies, thereby abandoning the long-held “agree to disagree” approach between Australia and Japan to managing the whaling issue within the broader bi-lateral relationship. This paper explains this dramatic shift by characterising whaling policy in Australia as a two level game in which the then Kevin Rudd-led Labor government exploited the strong and stable nature of Australia's bi-lateral relations with Japan to manage several important electoral and political challenges it faced domestically.     

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.     

Maritime clusters: What can be learnt from the South West of England

The South West of England is a very extensive region, with constraints in terms of its transport network. It is imperative if the region is to optimise its economic development for transport services to fully utilise all transport modes, not least, short sea shipping. To achieve this objective will require, inter alia, investment in the region’s port infrastructure. The result of this study suggests that each South West port provides a hub to develop a small maritime cluster which provides some sort of platform for marine and maritime related activities or businesses to co-ordinate and communicate. In addition, the region is well placed geographically in relation to a number of other European Union countries, with which to develop seaborne trade links. If this can be supported both by the development of coastal shipping links between regional ports and the incremental capability of rail and road transport within the region, then substantial increased economic activity for the region could result. Moreover, it would be beneficial if the region’s ports could act as a maritime cluster, optimising the contribution each port can make. This in no way would preclude healthy competition between the ports.