Alex G. Oude Elferink

Acoustic Pollution in the Oceans: The Search for Legal Standards

The introduction of noise into the marine environment may have significant impacts on marine species and ecosystems. This article examines how the existing international legal framework can be used to address this issue. After providing some background information on sound in the marine environment, the relevant global and regional instruments dealing with the protection of the marine environment, marine pollution, and the conservation of marine species and ecosystems are discussed. The analysis suggests that international law already requires states to address various aspects of this issue. A number of instruments and institutions provide an adequate framework to prescribe rules and standards regarding most sources of acoustic pollution.The introduction of noise into the marine environment may have significant impacts on marine species and ecosystems. This article examines how the existing international legal framework can be used to address this issue. After providing some background information on sound in the marine environment, the relevant global and regional instruments dealing with the protection of the marine environment, marine pollution, and the conservation of marine species and ecosystems are discussed. The analysis suggests that international law already requires states to address various aspects of this issue. A number of instruments and institutions provide an adequate framework to prescribe rules and standards regarding most sources of acoustic pollution.

The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas

Part XI of the United Nations Convention on the Law of the Sea establishes a regime for the Area. The regime of the high seas set out in Part VII of the Convention is also applicable to the Area. Neither Part VII nor Part XI of the Convention exhaustively de fines which ocean uses fall within their scope of application. This article analyzes the relevant provisions of the Convention and comments on recent developments that shed further light on the regime of Part XI in relation to the regime of Part VII. It concludes that Part XIs common heritage principle is relevant for all uses of the Area that concern the exploration and exploitation of the Area, including its living resources. Recent developments reveal continued differences of views on the scope of application and implications of the regime set out in Part XI. The provisions of the Convention on marine scientific research and environmental protection would seem to offer sufficient flexibility to frame more detailed rules that do not require the prior resolution of those differences.

Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit Sharing

AbstractThis report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.

Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective

The establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea (LOSC) is a complex process, which requires a coastal state to dedicate significant resources. To understand the reasons for the inclusion of this complex provision in the LOSC, this article first looks at the origins of Article 76. Subsequently, a number of provisions of Article 76 are considered to illustrate the questions which exist in connection with its application and interpretation. It is concluded that Article 76 fulfills the mandate that had been given to the Third United Nations Conference on the Law of the Sea in respect of the definition of the limits of national jurisdiction, notwithstanding the complexity of the issue and the interests involved. Before the Third Conference started there was no certainty about the extent of the continental shelf. Article 76 provides a procedure to arrive at precisely defined outer limits. Once Article 76 will have been implemented by all the present states parties to the Convention, most of the outer limits of the continental shelf vis-a-vis the Area will be defined in precise terms.

The Islands in the South China Sea: How Does Their Presence Limit the Extent of the High Seas and the Area and the Maritime Zones of the Mainland Coasts?

A number of small islands (the Paracel Islands, Pratas Island, the Spratly Islands, and Scarborough Reef) may have a considerable influence on the extent of maritime zones in the South China Sea. The maritime zones of these islands can limit the extent of the high seas and the Area in the South China Sea and the extent of the maritime zones of the mainland coasts. To assess the impact of the islands, it is necessary to establish whether they can generate the full suite of maritime zones. Under international law, some islands do not have an entitlement to an exclusive economic zone and continental shelf. Where islands can generate these maritime zones, a second issue arises, namely, how to delimit these zones with those of the mainland coasts bordering the South China Sea.

Maritime Delimitation Between Denmark/Greenland and Norway

This note discusses the recent agreement between Denmark/Greenland and Norway delimiting the maritime boundary between the Norwegian territory of Svalbard and Greenland.This note discusses the recent agreement between Denmark/Greenland and Norway delimiting the maritime boundary between the Norwegian territory of Svalbard and Greenland.

The Law and Politics of the Maritime Boundary Delimitations of the Russian Federation: Part 2

The maritime zones of Russian Federation overlap with those of 12 neighbouring states. The practice of the Russian Federation concerning the delimitation of the boundaries of these zones provides an interesting opportunity to analyse the role of international law in the policy of a state in this respect, especially because bilateral negotiations of the Russian Federation have raised complex issues of law and fact. The analysis suggests that international law may influence the policy of a state regarding the delimitation of its maritime zones in different, albeit limited, ways. The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law. This first part of the article provides an outline of the contents of maritime delimitation law, and analyses general aspects of the Russian Federations practice concerning the boundaries of its maritime zones and the delimitations with Estonia, Finland, Georgia, Japan, Lithuania, North Korea, Poland, Romania, Sweden, Turkey and Ukraine.

The Determination of Compatible Conservation and Management Measures for Straddling and Highly Migratory Fish Stocks

Many fish stocks are not confined to the maritime zones of one state, but either are present in the maritime zones of more than one coastal state or both in coastal state zones and the high seas. In such a situation, effective management may in many cases require that measures in respect of the stock take into account the stock as a whole. International law has recognized for a long time that this situation requires cooperation between the coastal state(s) and/or states fishing on the high seas. For instance, the 1958 Convention on Fishing and Conservation of the Living Resources of the High Seas indicated in broad terms the circumstances under which states fishing on the high seas were to cooperate

The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension

On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.

Environmental Impact Assessment in Areas beyond National Jurisdiction

AbstractEnvironmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.