Nengye Liu

Commercial Arctic shipping through the Northeast Passage: routes, resources, governance, technology, and infrastructure

The Russian and Norwegian Arctic are gaining notoriety as an alternative maritime route connecting the Atlantic and Pacific Oceans and as sources of natural resources. The renewed interest in the Northeast Passage or the Northern Sea Route is fueled by a recession of Arctic sea ice coupled with the discovery of new natural resources at a time when emerging and global markets are in growing demand for them. Driven by the expectation of potential future economic importance of the region, political interest and governance has been rapidly developing, mostly within the Arctic Council. However, this paper argues that optimism regarding the potential of Arctic routes as an alternative to the Suez Canal is overstated. The route involves many challenges: jurisdictional disputes create political uncertainties; shallow waters limit ship size; lack of modern deepwater ports and search and rescue (SAR) capabilities requires ships to have higher standards of autonomy and safety; harsh weather conditions and free-floating ice make navigation more difficult and schedules more variable; and more expensive ship construction and operation costs lessen the economic viability of the route. Technological advances and infrastructure investments may ameliorate navigational challenges, enabling increased shipping of natural resources from the Arctic to global markets.

Prevention of Vessel-Source Marine Pollution: A Note on the Challenges and Prospects for Chinese Practice Under International Law

This article examines Chinas domestic legal regime for the prevention of vessel source pollution. It pays special attention to the recently adopted Regulation on Prevention and Control of Marine Pollution from Vessels. Potential challenges and emerging issues that China has to confront are addressed, including: application of the legislation to disputed sea areas between China and its neighbors, freedom of navigation in the exclusive economic zone, reduction of emission from ships, and prevention of invasive species from ballast water.

The European Union’s Potential Contribution to Protect Marine Biodiversity in the Changing Arctic: A Roadmap

This article provides a roadmap for possible European Union (eu) action in the protection of marine biodiversity in the changing Arctic. First the eu’s competence in the Arctic is briefly introduced. Then the discussion turns to the eu’s potential external and internal actions in shipping, fisheries and offshore oil and gas operations that could possibly enhance the international legal regime for the protection of marine biodiversity in the Arctic. The eu’s role vis-a-vis the global biodiversity regime and cross-cutting measures under the United Nations Convention on the Law of the Sea are discussed together in the final part.

Environmental Regimes in Asian Subregions, China and the Third Pole

Professor Simon Marsden, Chair in Energy Law, University of Stirling recently published a book, Environmental Regimes in Asian Subregions, China and the Third Pole, which provides a snapshot of international environmental law and institutional arrangements on the vast Asian continent. The book introduces the subregions of Southwest Asia, Central Asia, Southeast Asia, South and East Asia with a chapter dedicated to each subregion. The first chapter is an introductory one, which sheds light on Marsden’s aims, research questions and the theoretical framework of the book. Marsden tends to answer a series of questions, such as: what are institutional arrangements, objectives and principles of legal instruments in those subregions? Are they effective? Are they transferable to other subregions? The book title suggests a particular focus on China and claims to examine China’s role in relation to environmental regimes in various subregions. The author is quite ambitious in proposing an interdisciplinary approach that involves law, international relations and history. Indeed, regime effectiveness, which is used as a framework for analysis in this book, has largely been developed by international relations scholars such asOran Young.Marsden adopts this framework and considers measures of achievement towards goals, objectives and targets, including action plans and projects. Perhaps the most valuable contribution of this book to English-language scholarship is the detailed description of environmental regimes acrossmanyAsian countrieswhere English is not the official language. In Chapter 2, the book focuses on two marine environmental conventions – the Arabian Gulf/Gulf of Oman Convention and the Red Sea/Gulf of Aden Convention. These two conventions and their associated protocols cover a range of Middle Eastern and East African countries, including Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Djibouti, Egypt, Jordan, Somalia, Sudan and Yemen. Chapter 3 turns to Central Asia and introduces the Framework Convention for the Protection of theMarine Environment of the Caspian Sea (the Caspian Sea Convention) and thewater resources arrangements for the Aral Sea. The disappearing Aral Sea is one of the most significant man-made environmental tragedies in human history. There are, however, a number of legal instruments attempting to manage the problem. These is the Agreement on Cooperation in the Field of Joint Management and Conservation of Interstate Water Resources, the Agreement about the Status of

The European Union and the Arctic

The European Union and the Arctic examines the roles the EU can and should play in shaping Arctic governance to ensure sustainable development in the Arctic region.

South China Sea after the Philippines v. China Arbitration: Conflict and Cooperation in Troubled Waters.

The South China Sea encompasses the Straits of Malacca, one of the most important shipping lanes in the world. It is also one of the world’s richest marine biodiversity areas, with abundant and diverse marine resources. On 12 July 2016, the Arbitral Tribunal in The Hague handed down its Final Award on the Philippines v. China arbitration (South China Sea Arbitration). The Award attracted much attention across the globe. The arbitration was very disappointing from a Chinese perspective and a great victory for the Philippines. The South China Sea, however, is not only about China and the Philippines. Ten coastal States surround the sea area. Six of which have competing claims in the sea area. Leading economies like Japan, Korea and Australia also rely heavily on the South China Sea as a key trade route. While the South China Sea Arbitration sheds light on some legal issues it also generates further questions.

Condominium Arrangements as a Legal Mechanism for the Conservation of the South China Sea Large Marine Ecosystem

The South China Sea Large Marine Ecosystem is one of the world’s richest marine biodiversity areas. The sea area is however the site of increasing tensions between its ten coastal States, six of which have competing claims in the South China Sea. The expanding populations and economies of the coastal States have also resulted in the growing depletion of the Sea’s rich marine resources. Coordinated approaches are needed to protect the unique biodiversity and natural resources of the South China Sea at the appropriate ecological scale. The continuation of sovereignty disputes are detrimental to all coastal states as well as international economic interests of non-claimant states which arise as a result of the Sea’s status as a globally important trade route. This paper urges coastal states to adopt a far-sighted outlook which ensures long-term sustainable ecosystems, livelihoods and economies of the region. To do this, a shift in approach which emphasises collaborative management of marine ecosystems is required instead of a scramble for sovereignty to exclusively exploit living and non-living resources. This paper therefore explores how the shared governance arrangement of a condominium could facilitate the exercise of sovereignty for the shared benefit of all coastal States. The paper argues that the condominium approach would enable State parties to put aside thorny sovereignty disputes in favour of collaboration to protect the area’s important and unique biodiversity.

China’s Law and Practice as a Coastal State for the Prevention of Vessel-Source Pollution

China is a major maritime nation with 18,000 km of mainland coastline.1 The marine environment is of fundamental importance for China’s economic development and environmental protection. According to the National Report on Social and Economic Development, in 2010, China imported 239.31 million tonnes of crude oil and 36.88 million tonnes of refined oil.2 Approximately 95 percent of oil imports are carried by maritime transportation. This creates significant risk of marine pollution such as oil, oily wastes and invasive species from ballast water. Globally, maritime transport is responsible for 12 percent of total marine pollution.3 The United Nations Convention on the Law of Sea (UNCLOS) deals with vessel-source pollution through Part XII on Protection and Preservation of the Marine Environment, Part II on the Territorial Sea and Contiguous Zone, and Part V on the Exclusive Economic Zone.4 Under UNCLOS, the legislative or enforcement jurisdiction that a State may exercise in respect of a particular vessel varies according to whether it is a flag, coastal or port State.5 UNCLOS creates a jurisdictional regime for the prevention of

China’s Role in the Changing Governance of Arctic Shipping

This paper explores the role that China could play in the development of an effective international legal system for the governance of Arctic shipping. The first part describes the current international legal regime applicable to shipping activities in the Arctic. The second assesses China’s relations with the United Nations Convention on the Law of the Sea (UNCLOS), the International Maritime Organization (IMO) and the Arctic Council. China’s potential contribution to the governance of Arctic shipping is addressed in the final part.

Criminal Liability for Vessel-Source Pollution in China: Law and Practice

AbstractThis article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.