Name: Baran Khan Defining the Lines in Blue: An Exhaustive Exploration of Maritime Jurisdiction, Zone Distances, Island Sovereignty, and Continental Shelf Influence on Coastal State Boundaries (original) (raw)
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African Journal of Law and Criminology, 2018
Maritime zones are areas of the sea for which international law prescribes spatial limits. While customary international law recognises only the territorial sea and high seas as maritime zones, modern international law recognises other maritime zones which reflect the modern uses of the sea. The various maritime zones recognised under modern international law are clearly delineated under the United Nations Convention on the Law of the Sea, 1982 which regulates the rights and duties of Coastal States in the zones. This research appraises the rights and duties of Coastal States under UNCLOS 1982. It is argued that the ocean regime established under UNCLOS is regulated to the extent that the sovereign rights and obligations of Coastal States in the different maritime zones and the limits of those rights are clearly defined so as to ensure international peace and order. This research which adopts analytical research methodology posits that the effectiveness of UNCLOS as the constitution of the sea will depend to a large extent on the degree of compliance by States-Parties to the convention. Given that UNCLOS was adopted in 1982, there are new challenges confronting Coastal States including ocean noise, oceans and climate change, piracy and armed robbery at sea which were not contemplated by UNCLOS. It is recommended that the international community must rise to the occasion by setting machinery in motion for the adoption of additional treaties to supplement the inadequacies of UNCLOS so as to tackle these current challenges.
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The Law of the Sea reflects the competing interests of Nations over the resources of the oceans since humanity first set forth upon the seas. The sovereign control over the oceans has been an ongoing concern prior to the 20th century under the concept of Mare Liberium and Mare Clausum. This principles developed and limited national rights and jurisdiction over a narrow band of water along a nations’ coast, with the rest of the sea free to all and belonging to none. With the technological developments of the 21st century which allows the exploitation of ocean resources that had never before been envisioned and accessible, there was a need to preserve the High Seas with its unimaginable rich resources as the common Heritage of Mankind. Nations began to negotiate their interests in the oceans and a universal regime known as UNCLOS III was agreed upon. These events display the fine blend of applied international law, politics and selfish economic interests as related in notable decisions of the ICJ. Today, there are new issues to be dealt with starting with pollution, the inevitable and intensive exploitation of high seas in the face of the 1994 Implementation Agreement, increasing jurisdictional claims amongst others. This research work analyses the making of UNCLOS III, dispute settlement mechanism, sustainable use of the oceans and the Nigerian Maritime Sector. This research work concludes with the arguments whether or not UNCLOS III has come to stay as the world legal order on the sea and proffer recommendations.
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From Hurricanes to Epidemics, 2020
The last 20 years boast globalization at an unprecedented rate, with fewer people in poverty than ever before, increased life expectancy, and revolutionary advancements in technology, medicine, transportation, and climate science. International law has attempted to adapt to these changes, but the issues that affect the oceans are wide-ranging and difficult to address in the diplomatic arena. Therefore, in order to come to an understanding of the procedures (or lack thereof) regarding ocean issues, pollution (direct and indirect), commodification by oil industries, and aquaculture must be considered. These in particular have consequential impacts on human health. There are several instruments for regulating all the aforementioned, from international conventions to norms of the industries, to state regulations, private compensation funds, and bilateral/multilateral agreements. However, what is indisputable is that there is much yet to be developed when it comes to international maritime law as time goes on and global needs continue to shift.It is especially useful to understand the governing bodies concerned with international maritime law. The most major of these organizations is the International Maritime Organization (IMO), a specialized agency established by the United Nations. It is built around shipping regulation, and its strategic directions are as follows 1 : 1. Improve implementation. 2. Integrate new and advancing technologies in the regulatory framework.
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International Journal of Advanced Research, 2020
The coastal state jurisdiction is the jurisdiction enjoyed by a coastal state in relation to breaches of regulations and laws by foreign flagged ships that take place within its various jurisdictional zones. The prescriptive and enforcement jurisdiction comprise the main power of a coastal state. Prescriptive is the jurisdiction to prescribe laws and regulations, while enforcement is the jurisdiction to enforce such laws. The rights and obligations of a state in relation to navigation and pollution are determined primarily by international conventions and customary international law. The 1982 Law of the Sea Convention (UNCLOS) is the most widely ratified convention in this field of law, outlining the rights and obligations of the states in relation to their variousmaritmezones as well as with respect to environmental protection.States have under UNCLOS the obligation to protect and preserve the marine environment and they are also under an obligation to take measures jointly or indi...
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International Law of the Sea: An Overlook and Case Study
Sea is a large body of water that is surrounded by the land. It is a crucial part of human trade and commerce, voyage, mineral extraction, power generation and is also considered as an essential source of blue economy nowadays. International law of the sea is a law of maritime space that peacefully settles the global disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones as well as the rights and obligations of the coastal States in these zones, especially with regard to the conservation of marine environment and biodiversity. The key objective of this piece of academic research is to demonstrate a brief overview of the international law of the sea with a special emphasize on the sources and legal framework of this law. This study also strives to focus the civil and criminal liability, jurisdictions, rights and obligations of the coastal states with regard to the different maritime zones. Furthermore this study delineates the rules and extent of using these maritime zones in the light of various treaty provisions on the international law of the sea where different adjudicated cases are also presented along with a profound scrutiny upon their fact, issues, judgment and reasoning.