Search results for "Law of the sea"
showing 10 items of 12 documents
Assessing the added value of the recent declaration on unregulated fishing for sustainable governance of the central Arctic Ocean
2016
Accepted manuscript version. Published version available at https://doi.org/10.1016/j.marpol.2016.01.013. Accepted manuscript version, licensed CC BY-NC-ND 4.0. The ‘Declaration concerning the prevention of unregulated high seas fishing in the central Arctic Ocean’ signed by the Arctic 5 nations, limits unregulated high seas fishing in the central part of the Arctic Ocean, and holds potential social, economic and political impacts for numerous stakeholders. In this paper, the four Interim Measures in the Declaration are discussed and what value these measures bring beyond the existing international agreements is explored. It is found that even though the Declaration fills a gap in the manag…
New trends for eliminating land-based pollution in the Mediterranean Sea
2002
En este capítulo estudio todos los instrumentos para la protección del medio marino, tanto políticos como jurídicos, adoptados a escala mediterránea con motivo de la revisión llevada a cabo en el vigésimo aniversario del Plan de Acción para el Mediterráneo. El análisis lo centro en las disposiciones de todos estos instrumentos relativas a la eliminación de la contaminación de origen terrestre en el Mar Mediterráneo. In this chapter, I study all political and legal instruments for the protection of the marine environment, adopted at a Mediterranean level in the twenty anniversary of the Mediterranean Action Plan. In particular, I analysis the provisions of all these instruments concerning th…
Così in mare come in terra: cosa resta del diritto d’asilo e dell’orizzonte dei diritti umani
2021
Dopo avere illustrato brevemente i principi che sostanziano il diritto d'asilo, e la loro centralità all'interno del sistema dei diritti umani, il saggio analizza le politiche migratorie contemporanee per come agiscono ai confini dell'Unione europea, in special modo nel Mare Mediterraneo, e, in Italia, dopo l'ingresso sul territorio dei e delle richiedenti asilo. Queste politiche si dimostrano incompatibili con il rispetto dei principi dell'asilo, ed anzi strutturalmente improntate alla loro violazione, mettendo a rischio la tutela e l'esercizio delle libertà e dei diritti non solo per le persone migranti.
Il dovere di soccorso in mare e il diritto di obbedire al diritto (internazionale) del comandante della nave privata
2019
Shipmasters are commonly considered the addressees of an international legal duty to rescue at sea. This article describes the evolution of international law in this field, from the first maritime conventions of the 1910's to the IMO Safety Committee's resolutions of the 2010's. It then argues that behind the duty to rescue there is a hidden right of the shipmaster. This right has a moral pedigree and is functional to the full compliance of the duty itself. It can be enforced in the national legal order against any State (or private entity) that tries to obstruct the shipmaster's activities of assistance or to penalize her or him for the assistance given. National judges enforce this right …
Il Mare di mezzo: storie di naviganti, di lotta per il diritto e di luci nel buio della frontiera
2022
This paper analyses the way in which, and the reasons why, the Mediterranean Sea, from being a limes between lands, has become the frontier we know today: the space of an emblematic struggle for law and rights, which contrasts the policies of governments with the forced movements of people in migration and with civil society organizations that try to promote and protect fundamental rights. In this context, the direct experience of some search and rescue missions in the Mediterranean Sea has been used to highlight the extent of this conflict with respect to the violation of the national and domestic legal frameworks carried out by the European states, Italy in the lead, also through the invo…
UNCLOS and territorialization of the seas: the case of Indian and Pacific Oceans
2017
The 200-nautical-mile Exclusive Economic Zone created by the 1982 UNCLOS regime generates conflict in areas where the distance between opposite national coasts is less than 400 nautical miles and in marginal seas surrounded by many states and with islands. This is the case of the marginal seas in the Indian and Pacific Oceans. In particular, the EEZ regime has proved troublesome in the South China Sea, leading some authors to ask whether it has actually strengthened or undermined peace and cooperation. Does the problem really lie with UNCLOS? My purpose hereby is to explain that, in truth, UNCLOS is a milestone in the process of territorialization of the seas . The EEZ regime represents the…
Transboundary Movements of Hazardous Wastes in International Law: The Special Case of the Mediterranean Area
1997
AbstractSince the early 1980s different organisations have tried to enact international instruments to control international waste trade. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal was adopted in 1989 under the auspices of UNEP in order to protect human health and the environment against the adverse effects which may result from the management of waste involved in transboundary movements of hazardous waste and its disposal. The Basel Convention has evolved significantly in eight years-whereas only 35 states and the EC signed the Convention at the time of its adoption, more than 113 states have ratified it as to August 1997. Several …
DISTRIBUTING RESPONSIBILITY BETWEEN SHIPMASTERS AND THE DIFFERENT STATES INVOLVED IN SAR DISASTERS
2019
The duty to save life at sea can today be considered a rule of general inter- national law. However, the concept of “duty to save life at sea” hides a complex web of international regulations, scattered across several treaties providing obli- gations both for shipmasters and a plurality of States (namely flag States, coastal States, States receiving distress signals, etc.). This paper addresses the question of the respective responsibility of the different subjects involved in search and res- cue activities. After a short introduction to the evolution of international law in this field, the paper investigates the relationship between shipmasters and States. This first part of the study show…
South China Sea or West Philippine Sea?
2017
The South China Sea (“West Philippine Sea”) has been for several years a space of potential conflict between several countries due to overlapping of their EEZs and China’s claim of a large part of this oceanic space, well beyond its UN-endorsed EEZ. The Spratly islets and Scarborough shoal are mere coral reefs, uninhabited for the most part, but they lie in the middle of rich fishing grounds and atop large reserves of petroleum and natural gas. Furthermore, the area is one of the world’s busiest sea lanes for commercial navigation. This chapter presents the general rules of UNCLOS (international laws pertaining to oceanic space), and then examines the competing claims, focusing on the China…
Coastal high-frequency radars in the Mediterranean - Part 2: Applications in support of science priorities and societal needs
2022
The Mediterranean Sea is a prominent climate-change hot spot, with many socioeconomically vital coastal areas being the most vulnerable targets for maritime safety, diverse met-ocean hazards and marine pollution. Providing an unprecedented spatial and temporal resolution at wide coastal areas, high-frequency radars (HFRs) have been steadily gaining recognition as an effective land-based remote sensing technology for continuous monitoring of the surface circulation, increasingly waves and occasionally winds. HFR measurements have boosted the thorough scientific knowledge of coastal processes, also fostering a broad range of applications, which has promoted their integration in coastal ocean …