Status Prawny Morskich Zasobbw Genetycznych W Miidzynarodowym Prawie Morza (The Legal Status of Marine Genetic Resources in the International Law of the Sea)

2008 ◽  
Author(s):  
Konrad Jan Marciniak
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Legal Status ◽  
Law Of The Sea

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

scholarly journals International law and the military use of unmanned maritime systems

2016 ◽  
Vol 98 (902) ◽  
pp. 567-592 ◽  
Author(s):  
Michael N. Schmitt ◽  
David S. Goddard
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Status ◽  
State Of The Art ◽  
Law Of The Sea ◽  
Naval Warfare ◽  
The Law ◽  
The Military

AbstractUnmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those employed on or under water, UMS present unique challenges in understanding the application of existing law. This article summarizes the technological state of the art before considering, in turn, the legal status of UMSs, particularly under the UN Convention on the Law of the Sea (UNCLOS), and the regulation of their use under the law of naval warfare. It is not yet clear if UMSs enjoy status as ships under UNCLOS; even if they do, it is unlikely that they can be classified as warships. Nevertheless, their lawful use is not necessarily precluded in either peacetime or armed conflict.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

The Regime of Islands Reframed:

2021 ◽  
Vol 3 (1-2) ◽  
pp. 1-126
Author(s):  
Clive Schofield
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Legal Status ◽  
Potential Role ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
Definition Of

Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.

Bilateral Delimitation of the Caspian Sea and the Exclusion of Third Parties

2011 ◽  
Vol 26 (1) ◽  
pp. 47-58 ◽  
Author(s):  
Ilias Bantekas
Keyword(s):  
International Law ◽  
Caspian Sea ◽  
Legal Status ◽  
Third Parties ◽  
The Body ◽  
Law Of The Sea ◽  
The Caspian Sea ◽  
Investor Confidence ◽  
Bilateral Treaties ◽  
State Relations

AbstractThis article discusses the position of the littoral States of the body of water known as the Caspian Sea (hereinafter ‘the Caspian’), particularly on the basis of their numerous bilateral treaties and unilateral statements of action, with respect to the legal status and sui generis regimes of the Caspian. It is argued that these States have excluded the possibility that the Caspian be equated for legal purposes to a sea, but they have, nonetheless, employed legal formulae borrowed from the international law of the sea in order to delimit their respective maritime zones and other entitlements. The ambit of these rights is sketchy and they do not conclusively cover the entirety of inter-State relations in the Caspian. There is an urgent need for the adoption of a multilateral convention in order to remedy these gaps, if for no other reason than for the sake of investor confidence and the avoidance of future disputes.

The Law of the Sea Convention and the Northwest Passage

2007 ◽  
Vol 22 (2) ◽  
pp. 257-282 ◽  
Author(s):  
James Kraska
Keyword(s):  
United Nations ◽  
Sea Ice ◽  
International Law ◽  
Legal Status ◽  
International Maritime Organization ◽  
The Arctic ◽  
Law Of The Sea ◽  
Environment Canada ◽  
Northwest Passage ◽  
The Pacific

AbstractConcern over the loss of sea ice has renewed discussions over the legal status of the Arctic and sub-Arctic transcontinental maritime route connecting the Atlantic and the Pacific, referred to as the "Northwest Passage." Over the last thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of the fragile Arctic environment, Canada has sought to exercise greater authority over the Passage. This article suggests that Canada can best achieve widespread global support for managing its maritime Arctic by acknowledging that the passage constitutes an international strait and then working through the International Maritime Organization to develop a comprehensive package of internationally accepted regulations.

Legal Status of the Northern Sea Route of the Russian Federation

10.12737/7635 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Вячеслав Гаврилов ◽  
Vyachyeslav Gavrilov
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Law Of The Sea ◽  
Comparative Characteristic ◽  
National Interests ◽  
Use Of Resources ◽  
Northern Sea Route ◽  
Key Issues ◽  
Characteristic Features

This article addresses to the key issues of the legal status of the Northern Sea Route in the historical perspective and in accordance with the Russian legislation. It contains the comparative characteristic of the Russian approach to this issue and the Canada´s rule-making activity in this area. It describes the characteristic features of the legal status of the internal waters, exclusive economic zone and some arctic straits of Russia in this context. Gives an answer to the question of its correlation with the norms of contemporary international law of the sea and, in particular, with the UN Convention of 1982. In this regard, the paper emphasizes that relevant Russian and Canadian legislation should be treated as lex specialis in relation to the regulation of navigation in the Arctic coastal areas that provide for higher navigation standards and requirements as compared to the international norms of international law of the sea. It is concluded that the integrity and specificity of the legal status of the Northern Sea Route, as well as the Russia´s ability to control using of it can be justified as by a logistic unity of this national transport communication of Russia and by features of the region, where it passes. Indicated the need for further development of regional and international cooperation in the Arctic and for creation of international instruments defining its terms and content. Here lies the key to the peaceful and effective use of resources and spaces of the Arctic taking into consideration the national interests of Russia and other Arctic countries.

Marine Genetic Resources, Including Sharing of Benefits

2017 ◽  
Vol 111 ◽  
pp. 245-247
Author(s):  
Angel Horna
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Progressive Development ◽  
Equitable Sharing ◽  
United Nations Convention

If we look at the development of international law of the sea, an evolution that can be traced back to the emergence of the traditional law of the sea and its transition into its modern version (enshrined in the United Nations Convention on the Law of the Sea—UNCLOS), I would argue that we are now in the midst of another major moment in the codification and progressive development of international law of the sea, which—on this occasion—also includes the interrelationship between that legal regime and international environmental law, in particular the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features

2019 ◽  
Vol 34 (3) ◽  
pp. 415-439
Author(s):  
Nilüfer Oral
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Legal Status ◽  
De Novo ◽  
Law Of The Sea ◽  
Current State ◽  
Legal Questions ◽  
International Climate

AbstractClimate change-induced sea-level rise will result in the partial or complete inundation of low-lying coastal areas and insular features. The consequences of this include the loss of baselines from which maritime zones are established. The loss of baselines raises a number of legal questions, in particular concerning the legal status of maritime entitlements and in some cases the potential loss of statehood. Solutions proposed include maintaining existing baselines or outer limits of maritime zones, or the construction de novo of artificial islands. This article examines the current state of international law under the international climate-change regime and the law of the sea in relation to adaptation and adaptive measures, such as maintaining of baselines, island fortification and the construction of artificial islands. In addition, the article explores the question as to whether measures such as maintaining baselines would constitute adaptive measures under the existing climate-change regime.

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