Hybrid journal (It can contain Open Access articles) ISSN (Print) 2451-9367 - ISSN (Online) 2451-9391 This journal is no longer being updated because: RSS feed has been removed by publisher
Authors:Zoe Scanlon; Robert Beckman First page: 5 Abstract: Source: Volume 3, Issue 1, pp 5 - 30The Philippines v China Award contained a number of novel and highly progressive findings with respect to obligations for the protection of the marine environment under UNCLOS. Thus far, these elements of the decision have gone largely unexamined in the surrounding literature. This article concentrates on two specific aspects of these findings: the obligations in respect of environmental impact assessments in articles 205 and 206, and articles 197 and 123 and the duty to cooperate. It analyses the Award and identifies some concerns with the Tribunal's reasoning in these areas. Although broadly, the Award upholds effective protections for the marine environment; this article highlights aspects of the decision in which different approaches could have been taken that would have led to stronger outcomes for the marine environment. PubDate: 2018-06-08T00:00:00Z
Authors:Jonathan G. Odom First page: 31 Abstract: Source: Volume 3, Issue 1, pp 31 - 94Building upon recent scholarship about the maritime militia of the People’s Republic of China, this article analyzes a number of concerns about that militia’s status and its activities under existing regimes of international law. First, it lays the foundation of general principles of state responsibility and attribution as they pertain to the maritime militia. Thereafter, it identifies and applies three specialized bodies of international law to China’s use of its maritime militia, including the law of the sea, the use of force by states, and the law of naval warfare. Ultimately, the article concludes that there are serious potential consequences and ramifications under international law arising from China’s maritime militia. Looking ahead, the article then provides a series of recommended options that other nations should consider in addressing these legal problems. PubDate: 2018-06-08T00:00:00Z
Authors:Abdullah Al Arif First page: 95 Abstract: Source: Volume 3, Issue 1, pp 95 - 114There are endless debates on the status of the precautionary principle in the realm of international environmental law. The confusion often occurs on the use of phrases that express the concept of precaution, such as precautionary principle, precautionary approach and precautionary measures. The precautionary principle was incorporated in major international fisheries instruments amid all of these debates and confusions. This article seeks to examine the status of the precautionary principle in international fisheries law. This article also surveys the legislative and regulatory frameworks for exploitation, conservation and management of marine fisheries in Bangladesh to find the application of the precautionary principle in the marine fisheries regime of Bangladesh. The study reveals that the application of the precautionary principle is almost absent in the marine fisheries management frameworks in Bangladesh and calls for incorporation of the same for conservation of marine fisheries and marine biodiversity. PubDate: 2018-06-08T00:00:00Z
Hybrid journal (It can contain Open Access articles)
