Digital Commons Network^™

China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo

International Law Studies

In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …

“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz

International Law Studies

Illegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as …

Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law, Robert Beckman

International Law Studies

This article outlines the principles of international law governing the right to exercise jurisdiction over ships. It then explains the relevance of UN international crimes conventions to the security of commercial ships. These conventions give States parties jurisdiction to arrest persons present in their territory who are alleged to have committed such crimes and an obligation to either prosecute or extradite them. It then explains the measures that have been taken by the International Maritime Organization to enhance the security of commercial shipping, including its Code of Practice on preventing piracy and “armed robbery against ships” and its measures to …

Australia’S Maritime Security Challenges: Juggling International Law And Informal Agreements In An International Rules-Based Order, Natalie Klein

International Law Studies

Australia has voiced its commitment to the “rules-based order” since 2008 and the rules-based order has become a touchpoint of both Australian defense and foreign policy. Australia has also voiced its commitment to international law, particularly the UN Convention on the Law of the Sea, to meet challenges to the maritime rules-based order, including in the South and East China Seas. References to international law have often been bundled in or left adjacent to the rules-based order and the two terms are not synonymous. This article discusses the role of international law in the rules-based order as it relates to …

China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans, Raul (Pete) Pedrozo

International Law Studies

The leading global maritime security threat today is illegal, unreported, and unregulated (IUU) fishing. Left unchecked, IUU fishing exacerbates the depletion of fish stocks, thereby contributing to global geo-political instability by increasing tension among competing distant water fishing fleets, threatening the sustainability of coastal States’ fisheries, and damaging fragile ecosystems. This article reviews the regulatory framework applicable to IUU fishing. It then discusses China’s predatory fishing practices in various regions of the world. The article then examines the principle of exclusive flag State jurisdiction on the high seas and suggests that Chinese distant water fishing vessels that change their name …

Does The Revised U.S. South China Sea Policy Go Far Enough?, Raul (Pete) Pedrozo

International Law Studies

The United States issued a statement on July 13, 2020, outlining the U.S. Position on Maritime Claims in the South China Sea. The statement supplements existing U.S. policy for the South China Sea, making clear that the People’s Republic of China’s claims to offshore resources across most of the South China Sea are unlawful. Still, the revised U.S. policy does not go far enough to contest China's faulty claims in the South China Sea. This article proposes specific issues that the revised U.S. policy should address.

Refining Japan’S Integrative Position On The Territorial Sovereignty Of The Senkaku Islands, Atsuko Kanehara

International Law Studies

China and Japan face a tense situation in the East China Sea over conflicting sovereignty claims to the Senkaku Islands. In order to cope with the situation appropriately and precisely, Japan needs to thoroughly analyze it from the dual perspectives of the law of the sea and the law of territorial acquisition. Japan denies any existence of a dispute with China over the territorial sovereignty of the islands. The legal effects of the existence of a “dispute” need to be understood and considered by Japan when it constructs its position from the perspectives of the law of the sea and …

The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury

UAEU Law Journal

This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Iuu Fishing As A National Security Threat: Revisiting India’S Domestic Framework And Compliance With International Regimes, Pooja Bhatt

International Law Studies

Within India, illegal, unreported, and unregulated (IUU) fishing typically has been viewed as a non-traditional security concern that includes food and economic security, as well as broader societal and political issues. This article argues for understanding IUU fishing in a broader and deeper way and to view this issue as a traditional security threat. Several developments merit this approach, including the threat posed by foreign fishing vessels near Indian waters. Such distant water fishing vessels have been found fishing illegally around the world. On several occasions, these vessels are present near the exclusive economic zone of other states, raising serious …

China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto

International Law Studies

This article evaluates China’s public justifications for its unilateral maritime law enforcement activities in the South China Sea, including recent incidents affecting Indonesia, Vietnam, the Philippines, and Malaysia, against the binding international legal requirements of the United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties to the South China Sea, and the 2016 Permanent Court of Arbitration UNCLOS Annex VII arbitral award In the Matter of the South China Sea Arbitration. China’s unilateral maritime law enforcement activities in the South China Sea do not comply with UNCLOS and applicable international …

The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen

International Law Studies

Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …

Strategic Nationalism: Deciphering Chinese Strategy In The South China Sea, William Levesque

Honors Theses

Over the last two decades, the South China Sea has become an international flashpoint and site of frequent Chinese aggression. Chinese naval, coast guard, and militia vessels frequently sail the natural-resource rich waters, and China has undertaken a massive campaign of island building to support its claims. The motivations behind China's aggression and their choice of strategy, however, remain ambiguous and the topic of major academic discussion. This Honors Thesis provides a new hypothesis, strategic nationalism, which is capable of explaining China's recent actions in the South China Sea.

Intelligence Gathering In The Exclusive Economic Zone, Efthymios Papastavridis

International Law Studies

The article explores the contours of intelligence gathering in the Exclusive Economic Zone (EEZ) under the international law of the sea. Intelligence gathering in the maritime domain is significant for military and law enforcement purposes and for both coastal States and other States. Intelligence gathering attains even more prominence in the EEZ due to the sensitive location and importance of resources to the coastal State, while the sui generis legal nature of this zone adds further complexity to this inquiry. Indeed, the law of the sea, as reflected in the Law of the Sea Convention, neither explicitly prohibits nor permits …

International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo

International Law Studies

Five of the most contentious territorial disputes that plague the Asia-Pacific today have their roots in the San Francisco Peace Treaty. The treaty required Japan to renounce all claims with regard to a number of lands, but failed to declare a successor State to these lands. Over the years, these disputes have intensified as a result of rising nationalism and a growing demand for ocean resources. This article discusses the merits of Japan’s claims to the Kurile Islands, Liancourt Rocks and Pinnacle Islands and concludes that Japan’s claims are superior to those of the other claimants.

Towards An Improved Framework To Prevent Marine Plastic Debris, Karen Raubenheimer

University of Wollongong Thesis Collection 1954-2016

A range of multilateral agreements exists to prevent pollution of the oceans from various sources. Yet it would seem this framework has failed to prevent the continuing flow of plastic waste into the marine environment. This research provides the first analysis of the international and regional legal and policy framework to assess the adequacy of provisions in establishing a duty to prevent marine plastic debris.

The central contributing factor is one of differing jurisdictions resulting in varying levels of duty established in the different maritime zones and on land. The Law of the Sea Convention provides various rights to States …

The European Union And The United Nations Convention On The Law Of The Sea, Esa Paasivirta

Fordham International Law Journal

This Essay comments on EU participation in UNCLOS and its implementation. It addresses first the nature of the EU as a contracting party and outlines the modalities for its participation. It then reviews the international implementation of the UNCLOS obligations and the implementation/status of the Convention under EU law.

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea. The …

The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law

Gabriela A. Oanta Associate professor of public international law

This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received …

Implications Of The Unclos Definition Of Piracy On Seychelles Prosecutions Specifically Addressing The Incorporation Of The Definition Of Piracy In Article 101 Of Unclos And The Implications For Seychelles Piracy Prosecutions, Randall Christopher Bray

War Crimes Memoranda

No abstract provided.

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth’s climate and ecosystems. Covering more than 60% of the Earth’s surface, the oceans comprise a complex, dynamic and vast component of the Earth’s ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that …

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

San Diego International Law Journal

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime. There is less agreement, however, in how …

The Arctic: An Opportunity To Cooperate And Demonstrate Statesmanship, Dr. Hans Corell

Vanderbilt Journal of Transnational Law

The Article discusses in four distinct parts disputes relating to maritime boundaries in the Arctic; "gaps" in the legal regime in the Arctic; environmental and security concerns; and the administration of the Arctic.

Regarding the first item, the Article maintains that the point of departure is that the United Nations Convention on the Law of the Sea applies also in the Arctic. Overlapping claims by the coastal states are perfectly legitimate and thus should not be dramatized. What matters is how such differences are resolved.

Referring to suggestions that there are "gaps" in the Arctic legal regime and that a …

Indonesia As An Archipelago: Managing Islands, Managing The Seas, Robert Cribb, Michele Ford

Robert Cribb

Indonesia's archipelagic character shapes its identity.

Chapter Iv (Claims Related To The Law Of The Sea (Los))

International Law Studies

No abstract provided.

What Is Innocent Passage?, Peter B. Walker

International Law Studies

No abstract provided.