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Preserving Community Interests in Ocean Governance towards Sustainability

A special issue of Sustainability (ISSN 2071-1050). This special issue belongs to the section "Sustainable Oceans".

Deadline for manuscript submissions: closed (15 August 2023) | Viewed by 42967

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A printed edition of this Special Issue is available here.

Special Issue Editors

School of Law, Dalian Maritime University, Dalian, China
Interests: international law; Chinese law; ocean law and policy; international relations
Special Issues, Collections and Topics in MDPI journals
Law School, Dalian Maritime University, Dalian 116026, China
Interests: international law; ocean law and policy; ocean governance; energy law
Special Issues, Collections and Topics in MDPI journals

Special Issue Information

Dear Colleagues,

This Special Issue is designed to discuss and examine relevant legal issues concerning ocean governance in the context of United Nations Sustainable Development Goals (SDGs) for the long-lasting benefits of the international community. It will cover, inter alia, the safety of navigation and maritime security, the sustainable use of marine resources (living and non-living), marine environmental protection, climate change, and marine scientific research.

Brief background

It is increasingly clear that the protection of the marine environment and the sustainable development of marine resources have been the most important components in global ocean governance and closely related to the vital interests of the whole international community. Although there are international normative documents and arrangements concerning ocean governance such as the United Nations Convention on the Law of the Sea (UNCLOS), the Rio Declaration, and the United Nations Sustainable Development Goals, the traditional mare liberum doctrine still remains firm in the promotion of national interests as individual states continue to grab marine space and resources in an unsustainable manner without seriously considering the collective interests of the international community as well as the interests of future generations. Such national selfishness has caused severe environmental risks and disasters in the ocean, particularly the maritime area beyond national jurisdiction, including the high seas, Antarctica, and the international seabed (the area), commonly known as “global commons”, but are of vital interest to the present generation as well as future generations. Thus, the rationale for preserving the community interests in ocean governance towards sustainability has become increasingly urgent.

The overall focus, scope and purpose of the Special Issue

This Special Issue is designed to focus on the community interests in ocean governance towards sustainability, and how to preserve these interests through the effective implementation of the international law of the sea and of the SDGs. The scope of the Special Issue will have several edge-cutting coverages: first, it will examine relevant legal issues concerning ocean governance in the context of SDGs for long-lasting benefits of the international community; second, it will identify new legal obligations to safeguard navigation and maritime security by considering the marine environment; third, it will evaluate effective legal frameworks for the sustainable use of marine resources (living and non-living); and fourth, it will discuss the regulations for marine scientific research and new developments of marine technologies for marine environmental protection. The purpose of the Special Issue is to highlight the concept of community interests in sustainable ocean governance, which will be fully reflected in a series of anticipated papers.

Relationship between the Special Issue and other literature on the topic

References to community interests appear from time to time in scholarly writings in the field of international relations and international law. The concept of community interests refers to interests protected by international law binding either all, or a group of, states and go beyond the delimitation of sovereign sphere of influence. There is existing literature, including books and journal articles, that considers the various manifestations of what has been described as “community interests” in many areas regulated by international law, including natural resources, global markets, human rights and use of force, and observe how law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. However, the topic is never thoroughly researched and there is a huge gap in the existing literature, particularly in the context of ocean governance and sustainability. This Special Issue attempts to fill this gap, so as to attract more studies on this important topic in academia.

Prof. Dr. Keyuan Zou
Prof. Dr. Yen-Chiang Chang
Guest Editors

Manuscript Submission Information

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Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 2400 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • community interests
  • humankind
  • ocean governance
  • SDGs
  • sustainable development
  • maritime security
  • piracy
  • climate change
  • marine fishery
  • transfer of technology
  • deepsea mining
  • benefit-sharing
  • marine genetic resources
  • BBNJ
  • integrated coastal management
  • marine environmental protection
  • marine ecological damage

Published Papers (16 papers)

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Research

16 pages, 277 KiB  
Article
The Implementation of the Precautionary Principle in Nuclear Safety Regulation: Challenges and Prospects
by Miaomiao Yin and Keyuan Zou
Sustainability 2021, 13(24), 14033; https://0-doi-org.brum.beds.ac.uk/10.3390/su132414033 - 20 Dec 2021
Cited by 1 | Viewed by 2444
Abstract
The precautionary principle has been implemented in many fields including environment protection, biological diversity, and climate change. In the field of international nuclear safety regulation, the implementation of this principle is in an ongoing process. Since Japan declared to discharge Fukushima nuclear waste [...] Read more.
The precautionary principle has been implemented in many fields including environment protection, biological diversity, and climate change. In the field of international nuclear safety regulation, the implementation of this principle is in an ongoing process. Since Japan declared to discharge Fukushima nuclear waste water into the ocean, the precautionary principle was put on the stage, and some debates are invoked on it. As is observed by this article, the precautionary principle has not been effectively implemented in nuclear safety regulation, specifically in nuclear safety law making, law enforcement, and judicial application. The reasons can be found from two main challenges: indeterminacy of perceived risk level required to justify precautionary action and hard balance of national interest and community interest in nuclear safety. In a long-term perspective, the framework of international nuclear safety regulation has to respond to these challenges, both by clarifying the precautionary principle in legal binding nuclear safety documents and moving towards a more transparent, fair, and effective enforcement regime in order to promote safer, more sustainable, and efficient civilian nuclear utilization around the world. Full article
16 pages, 261 KiB  
Article
Compensation for Marine Ecological Damage: From ‘Tasman Sea’ to ‘Sanchi’
by Ying Wang and Keyuan Zou
Sustainability 2021, 13(23), 13353; https://0-doi-org.brum.beds.ac.uk/10.3390/su132313353 - 02 Dec 2021
Cited by 4 | Viewed by 2160
Abstract
The research on marine ecological compensation is aimed to protect the marine environment and sustainably utilize marine ecosystem services, and is an important institutional instrument for coordination of the relationships among environmental, economic and other social interests. The legal mechanism of marine ecological [...] Read more.
The research on marine ecological compensation is aimed to protect the marine environment and sustainably utilize marine ecosystem services, and is an important institutional instrument for coordination of the relationships among environmental, economic and other social interests. The legal mechanism of marine ecological compensation should be an important way to effectively deal with the contradictions (for examples: the value loss of marine ecosystem services, destruction of marine biodiversity, etc.) in marine eco-environmental protection. This paper firstly introduces the case of the “Sanchi” ship accident, which is regarded as the first collision case of a tanker carrying gas condensate in world shipping history, and also provides a detailed analysis of the “Tasman Sea” ship case which is regarded as the first compensation claim for marine ecological damage in China, and makes some related discussions on marine ecological compensation concerning the two cases. Then, the paper probes into the research theme from four aspects: China’s legislative deployment, the legal connotation of marine ecological damage (including the current legal status of compensation claims, subjects of compensation claims, the compensation scope and the evaluation system.), major challenges in legal practice, and remediation of marine ecological damage in China. Finally, the paper provides some suggestions on marine ecological damage compensation for the final settlement in the “Sanchi” case, and tries to explore the future trend of the research theme based on the China’s marine strategy. Full article
18 pages, 1726 KiB  
Article
Legal Instruments for the Integration and Cooperation in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA): Better Implementation of the SDGs
by Shuo Li
Sustainability 2021, 13(22), 12485; https://0-doi-org.brum.beds.ac.uk/10.3390/su132212485 - 12 Nov 2021
Cited by 1 | Viewed by 2321
Abstract
The 17 sustainable development goals (SDGs) adopted by the UN provide a blueprint for a more sustainable future for all. The implementation of the SDGs largely depends on the action taken by national and local governments. The Guangdong-Hong Kong-Macau Greater Bay Area (GBA) [...] Read more.
The 17 sustainable development goals (SDGs) adopted by the UN provide a blueprint for a more sustainable future for all. The implementation of the SDGs largely depends on the action taken by national and local governments. The Guangdong-Hong Kong-Macau Greater Bay Area (GBA) is an area in China with special economic conditions and political support. This paper aims at exploring the legal issues concerning the integration and cooperation among different regions in the GBA and the implementation of the SDGs. It concludes that the GBA could perform an important role in the future exploration of sustainable development and opening-up of China. Clearer and systematic legislation is needed to provide more legal instruments and a more solid legal basis for integration and cooperation in the GBA. Chinese policymakers should fill the legal gaps and provide more legal support for the integration. This could shed light on China’s further exploration of sustainable development both domestically and internationally. Full article
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17 pages, 301 KiB  
Article
May China Fish in the Arctic Ocean?
by Yen-Chiang Chang and Mehran Idris Khan
Sustainability 2021, 13(21), 11875; https://0-doi-org.brum.beds.ac.uk/10.3390/su132111875 - 27 Oct 2021
Cited by 3 | Viewed by 3597
Abstract
In addition to the traditional so-called Arctic states, non-Artic states and some other international organisations are now showing a growing interest in this area. China, for example, has achieved some progress, since becoming an Arctic Council permanent observer, through participation in resource development [...] Read more.
In addition to the traditional so-called Arctic states, non-Artic states and some other international organisations are now showing a growing interest in this area. China, for example, has achieved some progress, since becoming an Arctic Council permanent observer, through participation in resource development in the region and strengthening its bilateral relations with the Arctic states. The present study examines China’s Arctic policy and its implications for the governance of the Arctic Ocean. It also provides an insight into the existing relevant international legal instruments and examines China’s interest in the participation, governance, and resource protection activities in the Arctic Ocean region, to successfully implement Chinese Arctic policy. To this end, the study examines the connection between the “white paper” and “China’s Arctic Policy”, in the context of executing the “Belt and Road Initiative”, in particular the “Arctic Silk Road”. The study concludes that China intends to perform a dynamic role in governing the Arctic Ocean, as a less challenging but cooperative partner in this region. Full article
12 pages, 248 KiB  
Article
Public Health and International Obligations of States: The Case of COVID-19 on Cruise Ships
by Chenhong Liu
Sustainability 2021, 13(21), 11604; https://0-doi-org.brum.beds.ac.uk/10.3390/su132111604 - 20 Oct 2021
Cited by 5 | Viewed by 1370
Abstract
Against the backdrop of the COVID-19 outbreak onboard the cruise ship Diamond Princess, both the flag State and the port State should act according to international obligations during the sailing stage, quarantine period after ships’ berthing, and the time when the quarantine [...] Read more.
Against the backdrop of the COVID-19 outbreak onboard the cruise ship Diamond Princess, both the flag State and the port State should act according to international obligations during the sailing stage, quarantine period after ships’ berthing, and the time when the quarantine period expires. However, the potential danger of the absence of a “genuine link” between the cruise shipowners and the flag State, the lack of coordination of jurisdiction in different sea areas and between different States, and also the lack of special or systematic regulations for infection prevention and control (IPC) at sea and for cruise ships increase the risk of a State’s breach of international obligations. Therefore, it is deemed necessary to improve the responsive measures in international law. This paper, after review and analysis, sheds light on various recommendations on how to improve the responsive measures in international law, including (i) strengthening of the jurisdiction of the flag State, (ii) establishment of a special international cooperation mechanism with an alliance between the WHO and the IMO, and (iii) construction of an IPC mechanism for home ports of cruise ships. Full article
18 pages, 526 KiB  
Article
Dilemma of Multisubject Co-Governance of Global Marine Ecological Environment and Implementation Path
by Weibin Zhang
Sustainability 2021, 13(20), 11145; https://0-doi-org.brum.beds.ac.uk/10.3390/su132011145 - 09 Oct 2021
Cited by 4 | Viewed by 1999
Abstract
The governance of the global marine ecological environment is closely related to human life and needs to adopt a multisubject co-governance system. There is a lack of understanding of the need for co-governance by multiple subjects for global marine ecological environment protection. Global [...] Read more.
The governance of the global marine ecological environment is closely related to human life and needs to adopt a multisubject co-governance system. There is a lack of understanding of the need for co-governance by multiple subjects for global marine ecological environment protection. Global marine eco-environmental multisubject governance is characterised by fragmentation, lack of coordination, and other issues. It should be recognised that global marine ecological environment protection is a task for all to protect humankind’s common heritage ergaomnes. At the same time, the idea of a global marine ecological environment protection led by an ocean community with a shared future should be established. A global marine ecological environment multisubject co-governance model is set up by establishing a global marine ecological environment governance model alongside a multisubject co-governance committee. Full article
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12 pages, 256 KiB  
Article
Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime
by Xiangxin Xu and Guifang (Julia) Xue
Sustainability 2021, 13(19), 10784; https://0-doi-org.brum.beds.ac.uk/10.3390/su131910784 - 28 Sep 2021
Cited by 1 | Viewed by 1553
Abstract
Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places [...] Read more.
Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime. Full article
26 pages, 3272 KiB  
Article
IMO’s Marine Environmental Regulatory Governance and China’s Role: An Empirical Study of China’s Submissions
by Jiayu Bai and Xiaoyu Li
Sustainability 2021, 13(18), 10243; https://0-doi-org.brum.beds.ac.uk/10.3390/su131810243 - 14 Sep 2021
Cited by 5 | Viewed by 2760
Abstract
The International Maritime Organization (IMO) plays a significant role in global marine environmental governance, providing a forum of regulatory oversight for member states. Member states are the main actors of the IMO and exert considerable influence on the process of lawmaking. Among these [...] Read more.
The International Maritime Organization (IMO) plays a significant role in global marine environmental governance, providing a forum of regulatory oversight for member states. Member states are the main actors of the IMO and exert considerable influence on the process of lawmaking. Among these member states, China is unique due to its multiple identities. There are various factors influencing interests behind China’s multiple identities, which fully engage the country in various shipping and maritime trade activities. This article examines China’s role in the IMO marine environmental regulatory governance. It identifies the impact of China on global ocean governance and indicates the development and reforms in the global governance system. China enacted the China Ocean Agenda 21 for its strategy of ocean development. Thus, China is the object of study in this examination of empirical research that collects submissions from 2001 to 2020 related to marine environmental governance. The findings reveal that the extent to which China participates in such governance has considerably increased, and although the contribution of China’s submissions is still in development, its role in the IMO is no longer merely that of a follower, and the efforts of the country have had a positive influence on the IMO’s marine environmental regulatory governance, including its legal instruments. Full article
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25 pages, 2406 KiB  
Article
Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for Curbing Marine Pollution
by Khadija Zulfiqar and M Jahanzeb Butt
Sustainability 2021, 13(17), 9983; https://0-doi-org.brum.beds.ac.uk/10.3390/su13179983 - 06 Sep 2021
Cited by 9 | Viewed by 4000
Abstract
The United Nations has recently recognised the global community’s environmental interests in ocean governance through the Sustainable Development Goal 14. The marine environmental protection targets stand in need of rejuvenating international environmental law, which fosters interconnection between oceans, climate, and terrestrial ecosystems. The [...] Read more.
The United Nations has recently recognised the global community’s environmental interests in ocean governance through the Sustainable Development Goal 14. The marine environmental protection targets stand in need of rejuvenating international environmental law, which fosters interconnection between oceans, climate, and terrestrial ecosystems. The existing literature on this aspect of ocean governance, however, is segregated and lacks an ecosystem-based approach. Therefore, a comprehensive review of the literature on ocean governance with an ecosystem-based approach becomes essential and is conducted through this research. This research has proposed that ocean governance programmes and plans need to be re-arranged under established legal frameworks at national and regional levels. Such a challenge can be addressed by taking the elements of governance provided by the list of targets of sustainable development goals. This research has facilitated the given hypothesis via a meta-ocean-governance framework that incorporates a deliberate regional monitoring system, intergovernmental review, capacity building techniques, national action through strong institutions, scientific decision making, and policy coherence. The idea is to fit the conceptualisation of ocean governance under international environmental law in the existing initiatives within a box of institutions to coordinate and encourage an ecosystem-based approach. Full article
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16 pages, 1021 KiB  
Article
Introducing the Seasonal Closure into the CCAMLR Fishery Management Framework: Problems, Methods, and Prospects
by Keyuan Zou and Sen Wang
Sustainability 2021, 13(17), 9770; https://0-doi-org.brum.beds.ac.uk/10.3390/su13179770 - 31 Aug 2021
Viewed by 2249
Abstract
In June 2020, China unilaterally announced two seasonal closures on squid fishing in certain areas of the high seas that apply to the Chinese distant water fishing fleets. Such closure refers to the withdrawal of the Chinese distant water fishing fleet from part [...] Read more.
In June 2020, China unilaterally announced two seasonal closures on squid fishing in certain areas of the high seas that apply to the Chinese distant water fishing fleets. Such closure refers to the withdrawal of the Chinese distant water fishing fleet from part of the high seas where they regularly operate. It is an innovative conservation measure initiated by a nation-state with the significance for global ocean governance and meeting the requirements from the UN Sustainable Development Goals. This paper is designed to seek the possibility, through a qualitative study and interpretive analysis, of whether such an innovative conservation measure can be introduced into the fishery management in the Southern Ocean, currently mainly under the framework of CCAMLR. This paper attempts to answer some questions with this new introduction. First, whether this kind of seasonal closure is applicable or feasible within the framework of CCAMLR. Second, whether this kind of seasonal closure would infringe upon or disrupt existing regimes, such as marine protected areas (MPAs) created by CCAMLR. Third, how and to what extent such a measure is supported by best scientific evidence so as to reach optimal effectiveness. In this regard, firm support from contracting parties is necessary to enforce the seasonal closure within the coverage of CCAMLR. The paper concludes that the seasonal closure feasible under the CCAMLR legal framework, which, like the measures of MPAs, will facilitate the fulfillment of best scientific evidence and eventually contribute to the SDG-14 progressively in the Southern Ocean. Full article
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11 pages, 259 KiB  
Article
Climate Change and Fisheries Regulation: What We Should Consider for the Future?
by Keyuan Zou
Sustainability 2021, 13(17), 9735; https://0-doi-org.brum.beds.ac.uk/10.3390/su13179735 - 30 Aug 2021
Cited by 1 | Viewed by 1482
Abstract
Climate change and its effect on marine environment, especially ocean warming, acidification and sea level rise, impacts fisheries in different ways. However, fisheries and climate change are regulated by different international management mechanisms, which makes the current fisheries management system face challenges. Realizing [...] Read more.
Climate change and its effect on marine environment, especially ocean warming, acidification and sea level rise, impacts fisheries in different ways. However, fisheries and climate change are regulated by different international management mechanisms, which makes the current fisheries management system face challenges. Realizing this, the present paper is designed to consider whether international law should be introduced to apply better management of fisheries so as to cope with the issues arising from climate change. In addition, the paper highlights the importance of incorporating relevant principles into future fisheries regulations by examining an existing bilateral fishery agreements. Full article
18 pages, 513 KiB  
Article
Global Fisheries Management and Community Interest
by Lei Zhang
Sustainability 2021, 13(15), 8586; https://0-doi-org.brum.beds.ac.uk/10.3390/su13158586 - 31 Jul 2021
Cited by 3 | Viewed by 2603
Abstract
The conservation of fishery resources is a common interest of the international community. In the 1990s, the global fisheries management system was formed based on the 1982 United Nations Convention on the Law of the Sea (LOSC). In order to achieve sustainable fisheries [...] Read more.
The conservation of fishery resources is a common interest of the international community. In the 1990s, the global fisheries management system was formed based on the 1982 United Nations Convention on the Law of the Sea (LOSC). In order to achieve sustainable fisheries management, the international community also adopted a series of legally binding and non-binding policy instruments for the implementation of the global fisheries regime. The regional institutional framework was strengthened and expanded to offer broad coverage worldwide. Based on the analysis of the global fisheries management system, the article concludes that the current legal and policy instruments collectively provide a comprehensive framework for global fisheries management, but there still exist limits in addressing the challenges of fishery resources today. More effective implementation of the current legal system through better cooperation among States, as well as efficient coordination within and between national, regional and global institutions, is required. Full article
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13 pages, 232 KiB  
Article
Land and Sea Coordination: Revisiting Integrated Coastal Management in the Context of Community Interests
by Wei Yuan and Yen-Chiang Chang
Sustainability 2021, 13(15), 8183; https://0-doi-org.brum.beds.ac.uk/10.3390/su13158183 - 22 Jul 2021
Cited by 6 | Viewed by 2339
Abstract
At present, the ecological environment and resources of the global coastal zones are facing great pressures. Climate change leads to sea level rise, environmental change, stressful population increases and changes in demographics, all of which affect existing coastal management systems. Therefore, all coastal [...] Read more.
At present, the ecological environment and resources of the global coastal zones are facing great pressures. Climate change leads to sea level rise, environmental change, stressful population increases and changes in demographics, all of which affect existing coastal management systems. Therefore, all coastal countries begin to increasingly attach importance to the integrated management of coastal zones. How to better adapt to current changes in global coastal zones is a question that every coastal country should think about. From sea- and land-partitioned management to land and sea coordination and from simple coastal management to the integration of the ecological environment and society, integrated management has been planned from many perspectives and levels. It plays a role in promoting the construction of a community with a shared future for mankind. Full article
13 pages, 208 KiB  
Article
On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction
by Chuanliang Wang
Sustainability 2021, 13(14), 7993; https://0-doi-org.brum.beds.ac.uk/10.3390/su13147993 - 17 Jul 2021
Cited by 7 | Viewed by 2367
Abstract
The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the [...] Read more.
The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements. Full article
31 pages, 429 KiB  
Article
Strengthening Universal Jurisdiction for Maritime Piracy Trials to Enhance a Sustainable Anti-Piracy Legal System for Community Interests
by Jing Jin and Erika Techera
Sustainability 2021, 13(13), 7268; https://0-doi-org.brum.beds.ac.uk/10.3390/su13137268 - 29 Jun 2021
Cited by 6 | Viewed by 3713
Abstract
Although universal jurisdiction over piracy has long existed in customary international law and international conventions, such as the Convention on the High Seas (HSC) and the United Nations Convention on the Law of the Sea (UNCLOS), the piracy situation has been changing. The [...] Read more.
Although universal jurisdiction over piracy has long existed in customary international law and international conventions, such as the Convention on the High Seas (HSC) and the United Nations Convention on the Law of the Sea (UNCLOS), the piracy situation has been changing. The subsidence of Somali piracy provides an opportunity for rethinking how to strengthen universal jurisdiction for maritime piracy trials to enhance a sustainable anti-piracy legal system. The incidents of Somali piracy have resulted in some new developments in exercising universal jurisdiction: the separation of seizing, prosecuting, and imprisoning States; the consideration of creative piracy prosecution mechanisms; the increased focus on land-based facilitation of piracy; enhanced international cooperation; and expanded universal jurisdiction. This leads to several main challenges in existing legal frameworks, including weaknesses in UNCLOS, the disharmony among international instruments, and defects in domestic piracy legislation. In order to sustain and improve the anti-piracy legal system, universal jurisdiction over piracy should be incrementally strengthened to support the prosecution of pirates by States. To address the trends and challenges, this article explores how the legal system can be enhanced in two respects: adjusting the basic provisions of universal jurisdiction over piracy and refining the relevant measures in exercising that jurisdiction to prosecute pirates. Full article
15 pages, 255 KiB  
Article
Assessment of the Mechanism for Mining Technology Transfer in the Area: Loopholes in ISA Practice and Its Mining Code
by Yu Ning
Sustainability 2021, 13(13), 7005; https://0-doi-org.brum.beds.ac.uk/10.3390/su13137005 - 22 Jun 2021
Viewed by 1419
Abstract
Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the [...] Read more.
Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the future Enterprise and developing countries may take a more positive approach to the transfer of mining technology by striking a delicate balance between the provisions on the protection of intellectual property and those on capacity building under the framework of UNCLOS and the 1994 Agreement, through reciprocal and mutual beneficial means such as direct technology purchasing and investment cooperation. The International Seabed Authority, as the competent inter-governmental organization, has the duty to foster favorable conditions for such transfer. Full article
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