Local Integrated Coastal Zone Management in Cuba (Proyecto COSTASURESTE)

Local Integrated Coastal Zone Management in Southeast Cuba (COSTASURESTE, 2010-2015) was a project funded through the University Partnerships in Cooperation and Development Program (UPCD)’s ScalingUp Competition launched in 2008. The Project received funding for the 2010-2013 period and subsequently received extensions by the Canadian International Development Agency (CIDA) in 2013 and Department of Foreign Affairs, Trade and Development (DFATD) in 2014, with a revised termination date of 30 April 2015. COSTASURESTE extended the results of the base project (UPCD Tier II: Integrated Coastal Zone Management in Cuba, 1999-2004, Project No. 098/S47074-287)

The International Maritime Law Response to Climate Change: The Quest for the Shipping Industry\u27s \u27Fair Share\u27 of GHG Emissions Reduction

This paper discusses the role of international shipping in climate change mitigation, i.e., its emerging contribution to reduce carbon emissions in the wake of the Paris Agreement, 2015 and the expectation that the International Maritime Organization (IMO) will orchestrate the industry\u27s contribution. The adoption of appropriate targets and standards is expected to be a particularly difficult task because of the global and transnational nature of the shipping industry and the difficulty in establishing the basis for a fair contribution for this industry. While considerable progress has been achieved in enhancing technical and operational regulations to improve efficiencies and reduce harmful emissions, there is concern such measures might not be enough to reduce ship GHG emissions sufficiently. It is arguable that market-based measures could make a difference, but this subject has been controversial and to date has eluded consensus. If a credible plan for industry\u27s contribution does not promise a realistic fair contribution, it is conceivable that a future meeting of Contracting Parties to the United Nations Framework Convention on Climate Change, 1992, might revisit the decision to defer to the IMO on ship emissions and potentially encourage regionalism in forcing the industry\u27s contribution

Working Paper on the Development of Guidelines for the Implementation of Article 82

This document is an issues paper concerning the implementation of Article 82 of the United Nations Convention on the Law of the Sea, 1982 (LOS Convention). It was commissioned by the International Seabed Authority (ISA) to assist discussion at an international workshop in Beijing in November 2012

International Working Group on Polar Shipping: Report to the Executive Council and Assembly of the Comité Maritime International

This report covers the reporting period from 1 November 2020 to 31 May 2021. The IWG Chair acknowledges updates provided by the subgroup chairs. The IWG continues to operate through three subgroups, namely on Antarctic Shipping (chaired by David Baker), COLREGS in Polar Environments (chaired by Stefanie Johnston) and Cruise Passengers’ Rights (chaired by Lars Rosenberg Overby). While progress has been made, unfortunately the prolonged COVID-19 pandemic has continued to affect aspects of the IWG’s work

Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?

Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on Canadian courts’ evolving understanding of that jurisdiction and the interface between federal and provincial law over time. With the emergence of the constitutional doctrine of cooperative federalism, courts administering maritime law have often faced difficulties in dual aspects cases and pursuing uniformity in Canadian maritime law. The essay concludes that cooperative federalism appears to be leaving lingering questions about the scope of application of Canadian maritime law and jurisdiction. Le régime juridique en matière maritime au Canada est confronté à la division des pouvoirs entre les niveaux fédéral et provincial. Ce fait a parfois mis les tribunaux canadiens au défi d’expliquer quelle devrait être l’interface entre le droit fédéral et le droit provincial dans les cas de double aspect et de déterminer le droit applicable ou de trouver des applications complémentaires du droit fédéral et du droit provincial. Cet article réfléchit à l’évolution du droit maritime au Canada depuis la création de la Cour fédérale du Canada en 1971. Il discute de l’impératif de stabilité et de la réalité du changement dans le régime juridique en matière maritime depuis lors, en mettant l’accent sur l’évolution de la compréhension de ce régime par les tribunaux canadiens et sur l’interface entre le droit fédéral et le droit provincial au fil du temps. Avec l’émergence de la doctrine constitutionnelle du fédéralisme coopératif, les tribunaux en matière maritime ont souvent été confrontés à des difficultés dans les cas de double aspect et dans la poursuite de l’uniformité du droit maritime canadien. L’article conclut que le fédéralisme coopératif semble laisser des questions persistantes sur le champ d’application du droit maritime canadien

Sustainable Arctic Shipping: Are Current International Rules for Polar Shipping Sufficient?

On January 1, 2017, the International Code for Ships Operating in Polar Waters (Polar Code) will enter into force, ushering in a new era in regulation of shipping in Arctic and Antarctic waters. The Polar Code was adopted by the International Maritime Organization (IMO) after years of difficult deliberations. The adoption of the Code required amendment of two of the most important conventions concerning safety of life at sea and vessel-source pollution. A third convention on standards of training for seafarers was also amended after the Code was adopted and the changes will come into effect on January 1, 2018. To put the importance of this development into perspective, it suffices to observe that before the adoption of the Polar Code, Arctic waters received far less international legal protection from shipping activities than the Baltic Sea, Mediterranean Sea and North Sea. When the hazardous navigation conditions, environmental uniqueness and threats to the activities of the indigenous peoples for whom the Arctic is home are considered, the insufficient protection is even more obvious (Figure 1). As vessel activities in Arctic waters grow, there will be a commensurate increase of risks to human life, environment, wildlife and well-being of indigenous communities. International and domestic regulation of shipping is critical to promote maritime safety, preservation of the marine environment and protection of local economies from potential casualties. Considering what is at stake, is shipping regulation sufficient to ensure navigation safety and environment protection in the Arctic? This essay considers global, regional and national initiatives and how they support sustainable Arctic shipping

Equity on the Extended Continental Shelf? How an Obscure Provision in UNCLOS Provides New Challenges for Ocean Governance

One of the major novelties of the United Nations Convention on the Law of the Sea, 1982 is the legitimizing of coastal State claims to large areas of continental margins in all oceans by virtue of Article 76. In addition to exclusive economic zones (EEZs) of 200 nautical miles, coastal States whose continental margins extend beyond the EEZ limit are able to further claim the seabed and subsoil beyond the EEZ limit to 350 nautical miles from the base lines of the territorial sea or 100 nautical miles from the 2,500 metre isobath. The UN Convention established a procedure for this purpose, commencing with scientific and technical submissions to the Commission on the Limits of the Continental Shelf established in the treaty. To date, the Commission has received 65 submissions and a further 45 communications containing preliminary information

Decarbonizing International Shipping: Potential Roles of the IMO’s Initial Strategy and the UN Climate Regime

This article assesses the IMO’s 2018 Strategy to reduce GHG emissions from international shipping in light of the long-term goals of the Paris Climate Agreement, and considers its ambition, adequacy and effectiveness in ensuring a fair contribution to the global decarbonization effort. The article proceeds in four parts. In Part 1, we offer a brief history of efforts to reduce emissions from international shipping under the UN Climate Regime. This is followed in Part 2 with a similar overview of historical efforts under the IMO. In Part 3, we discuss the key elements of the 2018 IMO Strategy, followed by an assessment of its strengths and weaknesses in Part 4

Shifting Focus: Towards Outcome-Based Policy and Regulation Making for Maritime Safety and Vessel-Source Pollution in Canada

A recent publication concluded that “... Canadian water transportation policy is a history of: laissez faire; protection, financing and subsidization; government operation, ownership and privatization; expanded protection; commercialization; and a market oriented philosophy.” Consistent with this larger policy process, subsidiary policy and regulation making for maritime safety and vessel-source pollution in Canada have followed the roller-coaster pattern, punctuated by parallel milestones

Beyond the Buzzwords: A Perspective on Integrated Coastal and Ocean Management in Canada

It is now more than five years since the Oceans Act came into force as Canada’s modern legal framework for integrated coastal and ocean management (ICOM). Although there have been several integrated management initiatives at the national, regional and provincial level, the assessment of the record to date is not a simple matter