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Modern challenges and the law of the sea

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Douglas Guilfoyle

on 28 August 2015

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Transcript of Modern challenges and the law of the sea

Modern Challenges and the Law of the Sea
Douglas Guilfoyle
University College London
Maritime Commons
Boundary disputes & freedom of navigation
Weapons proliferation
Piracy
Seabed mining
Human rights
Information sharing
Kate Ausburn (Flickr)
Japanese whaling
African fisheries and IUU fishing
Protest at sea
Sea Sheperd as 'pirates'.
Australia v Japan (ICJ)
Philippines v China (UNCLOS)
WMD
Proliferation Security Initiative
SUA Protocol 2005 (23 parties, domestic law)
UNSCR 1540 (non-State actors)
UNSCR 1874 (North Korea) and 1929 (Iran)
Small arms and light weapons
Numerous but weak instruments, none targeting maritime traffic.
Some UNSC sanction regimes included SALW maritime interdiction: Iraq, Yugoslavia, Haiti, Sierra Leone
UNIFIL (Lebanon).
Shift from military to law enforcement paradigm; increasing industry response:
law enforcement cooperation
prisoner transfer arrangements
capacity building
BMP and PCASP
New wave of licensing and exploration:
Nautilus Minerals in PNG EEZ
UK Seabed Resources (Lockheed Martin) - Clipperton exploration
ISA adopts 2012 prospecting regulations
ITLOS AO on responsibilities of sponsoring States (Nauru, Tonga)
Environmental and regulatory questions
Sub-Regional Fisheries Commission Advisory Opinion (ITLOS)
Issues include:
often overlooked impact of securitization on seafarers - ILO SID Convention 2003
human rights and irregular migration by sea - rescue and disembarkation
human rights and law enforcement at sea (Somali piracy, Medvedyev v France)
Increasing importance of Maritime Domain Awareness and information sharing:
ReCAAP and IMO regional counter piracy programs;
IMO Long Range Information and Tracking Regulation and International Data Exchange (problem of restrictions and small vessels);
capacity building issues.
Uniting themes?
impact of great power priorities on agenda-setting
problem of weak States
need for information sharing, cooperation and capacity building
an expanding role for dispute resolution?
WMD: patchy and limited impact?
SALW: even less than that?
Strength of freedom of navigation?
Full transcript