Law of the Sea: problems of conflict and management of fisheries in Southeast Asia

Law of the Sea, Fishery management, Conferences, Exclusive economic zone, Southeast Asia,

Fish biodiversity of Indian Exclusive Economic Zone

Indian fisheries have a long history, starting with Kautilya’s Arthasastra describing fish as a source for consumption and provide evidence that fishery was a well-established industry in India and fish was relished as an article of diet as early as 300 B.C, the ancient Hindus possessed a considerable knowledge of the habit of fishes and the epic on the second pillar of Emperor Ashoka describing the prohibition of consumption of fish during a certain lunar period which can be interpreted as a conservation point of view. Modern scientific studies on Indian fishes could be traced to the initial works done by Linnaeus, Bloch and Schneider, Lacepède, Russell and Hamilton. The mid 1800s contributed much in the history of Indian fish taxonomy since the time of the expeditions was going through. Cuvier and Valenciennes (1828-1849) described 70 nominal species off Puducherry, Skyes (1839), Günther (1860, 1872, 1880) and The Fishes of India by Francis Day (1865-1877) and another book Fauna of British India Series in two volumes (1889) describing 1,418 species are the two most indispensable works on Indian fish taxonomy to date. Alcock (1889, 1890) described 162 species new to science from Indian waters

Intelligence Gathering in the Exclusive Economic Zone

The article explores the contours of intelligence gathering in the Exclusive Economic Zone (EEZ) under the international law of the sea. Intelligence gathering in the maritime domain is significant for military and law enforcement purposes and for both coastal States and other States. Intelligence gathering attains even more prominence in the EEZ due to the sensitive location and importance of resources to the coastal State, while the sui generis legal nature of this zone adds further complexity to this inquiry. Indeed, the law of the sea, as reflected in the Law of the Sea Convention, neither explicitly prohibits nor permits the collection of intelligence by other States in the EEZ. Equally, it is silent on the permissibility of intelligence gathering on the part of the coastal State. While acknowledging the complexity of legal issues pertaining to the EEZ, this article asserts that intelligence gathering within the EEZ would fall under a presumption of unlawfulness favoring the coastal State when the intelligence pertains to its economic interests. In contrast, the presumption would favor other States, rather than the coastal State, when the gathering of intelligence is a mere expression of the jus communicationis of the other State. Moreover, other pertinent rules of international law, ranging from the prohibition of the threat of the use of force and the abuse of right to the customary right of approach may find application when deciding whether the intelligence gathering activity violated the rights of the coastal State or other States. Intelligence gathering is certainly a difficult question to address, yet one that international law of the sea affords answers

Should Croatia Declare an Exclusive Economic Zone?

The paper deals with the EEC legal regime and discuses whether Croatia should declare one. In order to provide comprehensive understanding of the relevant issues, the paper fi rstly analyses the legal institute of the EEC and gives an overview of all relevant characteristics thereof, as set forth in the third United Nations’ Convention on the Law of the Sea (UNCLOS). Then it presents some of the questions arising from the process of the declaration and delimitation of the EEC by reviewing the most relevant case law on this matter. The Republic of Croatia has incorporated all the up to date provisions in its Maritime Code relative to the EEC. However, it decided to proclaim an Ecological-Fishery Zone with only some of the sovereign rights which a state is entitled to exercise in the EEC according to UNCLOS. Subsequently, it suspended this Zone thus making the protection of Croatian maritime resources dubious

The Exclusive Economic Zone - The Elusive Consensus

Despite bold assertions to the contrary the concept of an economic zone of exclusive coastal State jurisdiction is not unknown to modern international law of the sea. What is new is the choice of terminology employed to describe the concept and its identification with the countries of the Third World. As with the development of other norms relating to State interaction in ocean space, the concept of the exclusive economic zone reflects the interplay of economic, political and strategic interests which characterizes the problems of the law of the sea in the twentieth century

Extension of Ocean Dumping Legislation under the Marine Protection, Research, and Sanctuaries Act to a United States Exclusive Economic Zone

This Comment addresses President Reagan\u27s March 10, 1983 Proclamation declaring a 200-mile Exclusive Economic Zone for the United States and the issue of the application of national legislation to that zone. The author discusses the feasibility of extending domestic ocean dumping legislation under the Marine Protection, Research, and Sanctuaries Act to a United States Exclusive Economic Zone in the context of existing international agreements dealing with ocean dumping