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.     

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.     

Bio-logging of marine migratory species in the law of the sea

The use of advanced and emerging remote data-collection technologies, and in particular bio-logging of marine migratory species, raises fundamental questions about the scope of authority of coastal states to regulate marine scientific research in the waters under their jurisdiction. Bio-logging involves the attachment of devices to marine animals that collect and transmit data about their movements and aspects of the local marine environment, and is now routinely used by marine scientists to support conservation programs and augment oceanographic data collection. Tagged marine life, including seabirds, marine mammals, sea turtles and pelagic fishes, may interact unpredictably with the territorial seas and exclusive economic zones (EEZs) of numerous coastal states. This article explores the legal implications of bio-logging within the legal regime of marine scientific research in the law of the sea. Although bio-logging is a form of marine scientific research, when it is initiated outside a coastal state׳s jurisdiction it does not later fall within it, even if the tagged animals subsequently enters a coastal state׳s territorial sea or EEZ.     

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.     

Thailand and the 1982 law of the sea convention

This article considers Thailand's problems with the 1982 LOS Convention, especially the exclusive economic zones. Despite the disadvantages, it recommends that Thailand should ratify the Convention.     

渤海天津近岸海域水污染特征分析

渤海是一个半封闭的陆架边缘海,是受沿岸人为活动影响最为明显的海域之一[1].陆源污染物的大量排放导致渤海湾局部海域“赤潮”频繁发生,范围不断扩大,自1996年以来共发生了13次“赤潮”,多数发生在7~8月间[2],海域水体富营养化是本海区的主要环境问题[3].     

An economic analysis of illegal, unreported and unregulated (IUU) fishing: Key drivers and possible solutions

The fight against illegal, unreported and unregulated (IUU) fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, most remain limited in scope. To help policy makers obtain a more comprehensive picture of the situation, the OECD Committee for Fisheries recently completed a study addressing the full economic dimensions of IUU fishing in an integrated manner. This paper presents the analytical framework developed by the OECD as well as some of the key results of the study regarding the causes of and the potential solutions to this widespread problem.