Search Results (23)

The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), the International Oil Pollution Compensation Funds (FUNDs), and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM). However, Taiwan’s particular international status prevents formal participation in these treaties. This study evaluates Taiwan’s legal and institutional frameworks on ship emission control, pollution liability and compensation, and interagency coordination, identifying key gaps compared with global standards. By analyzing Japan’s and South Korea’s best practices in port management, cross-border pollution prevention, and vessel monitoring, this study proposes legal and policy reforms that are tailored to Taiwan. Recommendations include strengthening liability mechanisms, enhancing interagency collaboration, monitoring vessels, and fostering regional cooperation. Our findings suggest that these reforms will improve Taiwan’s marine environmental governance and contribute to regional and global ocean sustainability. Full article

Small island developing states (SIDS) face a dual constraint of “environmental vulnerability and energy dependence” in the context of climate change. How to achieve just energy transitions has become a core proposition for SIDS to address. This paper focuses on how SIDS can advance Sustainable Development Goal (SDG) 7 (affordable and clean energy) and Sustainable Development Goal 13 (climate action) through UNCLOS–Paris Agreement integration in energy transitions. Grounded in the theoretical framework of the Multidimensional Vulnerability Index (MVI), this research aims to construct a comprehensive analytical system that systematically examines the energy transition challenges facing SIDS and provide multi-level energy transition solutions spanning from international to domestic contexts for climate-vulnerable SIDS. The research findings reveal that SIDS face a structural predicament of “high vulnerability–low resilience” and the triple challenge of “energy–climate–development”. International climate finance is severely mismatched with the degree of vulnerability in SIDS; the United Nations Convention on the Law of the Sea (UNCLOS) and the Paris Agreement lack institutional synergy and fail to adequately support marine renewable energy development in SIDS. In response to these challenges, this study proposes multi-level solutions to promote the synergistic achievement of SDG 7 and SDG 13: at the international level, improve climate finance rules, innovate financing mechanisms, strengthen technological cooperation, and integrate relevant international legal framework; at the domestic level, optimize the layout of marine renewable energy development, construct sustainable investment ecosystems, and strengthen environmental scientific research and local data governance. Full article

Marine plastic pollution (MPP) has become one of the most pressing environmental challenges, severely affecting marine ecosystems and human health. Even though international agreements such as UNCLOS and the International Convention for the Prevention of Pollution from Ships (MARPOL) of the International Maritime Organization (IMO) exist, the existing laws are often being introduced to question the inability of the present laws to do something about the escalating issue of plastic pollution. This study uses a doctrinal legal approach to examine how UNCLOS and MARPOL respond to marine plastic pollution (MPP) with a focus on their ability to handle land-based and ship-based MPP. Gaps in these frameworks are underlined, such as a lack of enforceable requirements under UNCLOS on reducing plastic rubbish from LBS and disparities in implementing MARPOL’s regulations on plastic discharges from ships. This paper also explores activities of organizations such as the United Nations Environment Programme (UNEP), with a focus on the Regional Seas Programme and the Global Programme of Action. Although a lot has been achieved, much remains to be done to resolve the problem of marine plastic pollution. This paper concludes with a series of practical proposals aimed at refining international laws, strengthening enforcement, and encouraging collective action at the international level. The proposed measures are aimed at advancing a circular economy model, strengthening legal infrastructure, and fostering a single global response against marine plastic pollution. Full article

Sustainable Development Goal 14 (SDG 14) was launched in 2015 to provide an overarching governance framework for long-term sustainable ocean development. This research paper analyzes the extent to which global and regional organizations are coherent with SDG 14 under the existing frameworks of international law. This research paper further assessed Multilateral Environmental Agreements (MEAs) under the framework of the United Nations Convention on Law of the Sea (UNCLOS) and International Environmental Law (IEL) in the context of joint governance of ocean and fisheries as Large Marine Ecosystems (LMEs). According to its objectives, the research indicated that coherence across governing instruments should be increased for the governance of LMEs, leading to the development of a mechanism representing consistency with SDG 14. As a result, a mechanism that demonstrates the coherence of SDG 14 with Agenda—2030 is made, which indicates that, in order to govern fisheries and oceans as LMEs jointly, coherence among governing instruments must be increased. The conclusion followed SDG 14’s recommended actions, which are sly in line with UNCLOS and IEL, although the current initiatives of the regional organizations should be updated. Full article

Poor fishing practices and overfishing are now imperiling livelihoods on small-scale fishing. Traditional fishing rights as one of the legal guarantees for small-scale artisanal fishers under SDG 14 may be abused in various maritime zones, which is precisely because such rights are not well-reflected in the United Nations Convention on the Law of the Sea (UNCLOS), leading to uncertainty between theories and practice. In order to better implement SDG 14 and its targets for sustainable fishing, this paper examines the practical meaning of traditional fishing rights through tracing back the origins, nature and legal elements of such fishing rights by jurisprudence and state practice, and it differentiates its distinctions between ‘historic rights’. Based on this, the paper analyzes the application of these fishing rights in different maritime zones and suggests sustainable ways of making a balance between the jurisprudence and practice for a healthy ocean. Full article

The impacts of microplastic (MP) pollution in the marine environment have already been illustrated by natural science. The issues resulting from MPs have revealed the problem of the current international governance arrangement, and international agreements are found to be inadequate to curb the growing MP pollution. This article explores reasons for the failure of governance cooperation from legal normativism and positivism. By analyzing the semi-closed sea system in the UNCLOS, this article concludes that the principle of good faith makes it possible to moderate geographic political tensions during cooperation and help reach an agreement on matters of mutual concern. Then, from the perspective of regional ocean governance, propose strategies for states bordering semi-enclosed seas and others to gradually control MP pollution in the marine environment through legal and policy measures. Full article

The conservation and sustainable use of marine biodiversity have recently received attention, and Marine Protected Areas (MPAs) have become key management tools that are gradually being applied to the high seas. However, the sustainable management of MPAs in the high seas requires legal regimes to support them, though relevant regimes are still immature. This paper summarizes the existing regional treaties governing high seas MPAs, and the agreement on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Agreement). After reviewing and comparing their law-making histories, it is argued that regional treaties have issues of legitimacy, democracy, and science and are not conducive to sustainable management. It is concluded that the BBNJ Agreement is better suited to the comprehensive and sustainable management of high seas MPAs and can overcome the limitations of regional treaties. As the BBNJ Agreement does not undermine existing instruments and frameworks, the management of high seas MPAs will face the co-existence of different legal regimes. In the context of “not undermining”, the Agreement should be applied preferentially, ensuring the universal participation of stakeholders in decision-making and the role of soft law for non-contracting parties. Full article

Anthropogenic underwater noise (AUN) is a growing concern for governments and international institutions around the world. This emerging issue signifies a rapid environmental change and raises questions about the applicability and effectiveness of current instruments. A key question to be addressed is whether the United Nations Convention on the Law of the Sea (UNCLOS) can address the challenges posed by AUN. While AUN is not explicitly mentioned in the UNCLOS, this article argues that some of its provisions are applicable to the problem. Part XII of the UNCLOS is proposed as a governing framework for protecting the marine environment from AUN. As a result, several options are presented to strengthen the regulation of AUN under the UNCLOS, including the adoption of a new implementing agreement, addressing AUN through the existing implementation agreement, and regulating through the rules of references. Full article

The deep seabed mining regime is composed of international legislation and domestic counterparts. International legislation emanates from the International Seabed Authority (ISA) under the mandate of UNCLOS, which is currently in the accelerated process of being drafted for exploitation activities to meet a deadline of July 2023. In contrast, the development of domestic law in ISA Member States has been relatively slow, and this risks failure to fulfill their obligation of “responsibility to ensure” concluded in the advisory opinion in 2011. This possible failure is partly due to States’ different understanding of their obligation to impose more stringent environmental conditions on contractors in their domestic laws than those specified in the Mining Code adopted by ISA. This paper argues that Annex III, article 21(3) of the UNCLOS requires States to adopt a two-tier approach in their national legislation—minimal and optimal levels. The minimal level requires a sponsoring State to comply with the Mining Code’s fundamental requirements while reaching the optimal level means that the sponsoring State tries its best to establish more stringent standards than the Mining Code. Adopting more stringent requirements may be realized by adopting higher or stricter standards or inserting more details in the national legislation. Moreover, all ISA Member States are, including developing States, obliged to meet the minimum line and encouraged to move towards the optimal one Full article

As the starting point, this paper introduces the development of globalisation and the evolution of the international legal order and then discusses the interaction between the two. The article then explores the impact of the “concept” and “practice” of globalisation on the evolution of the international fisheries’ legal system by taking “sustainable development” and “international trade” as the probes to gain a practical understanding of the protection and conservation of high seas fisheries’ resources. The authors argued that the international law of the sea is an ever-renewing legal system, especially in the regulation of conserving and managing high seas fisheries resources, which has undergone tremendous and drastic changes in recent decades due to the development of global trade, the strengthening of environmental issues, and the flourishing of international organisations. Obviously, globalisation is an important and fundamental driving force behind it. The authors presented findings by observing the changes in international fisheries law during the two decades between the signing of the UNCLOS and the completion of the IPOA-IUU. Full article

Fisheries subsidies regulation lies at the intersection of international fisheries and international trade governance regimes. Although eradicating harmful fisheries subsidies cannot be a panacea for illegal, unreported and unregulated (IUU) fishing, it is an essential first step to confront the problem head-on. The multilateral Agreement on Fisheries Subsidies, adopted by the World Trade Organization (WTO) in June 2022, provides an impetus for sovereign states to steer fisheries subsidies reform towards commonly agreed legality, sustainability and transparency benchmarks. This legal and policy investigation aims to give increased attention to the ultimate responsibility of national governments to exercise active fisheries jurisdiction over the identification and sanction of IUU fishing activities. With or without WTO prior judgements, a level of jurisdictional coherence is warranted to trigger a comprehensive and effective ban on IUU fisheries subsidies in as timely a manner as possible. Full article

The aim of this paper is to evaluate the current international maritime legislative framework and assess its relevance in sustaining the operations of unmanned ships while addressing the issue of liability from system malfunctions. The paper initially explores the legal definition of a ship and evaluates whether the existence of an on-board crew is an integral part of the definition. Subsequently, the analysis continues with assessing the legal implications and challenges for the sustainable operation of unmanned ships, such as the governing flag state legislation that defines liability parameters, taking into consideration the existing levels of vessel automation. The paper concludes with an evaluation of the contractual issues and potential stakeholder liability related to governing a flag state. In addition, the potential transfer of liability from the ship operators to manufacturers as pertains to unmanned ship operation is also addressed. The concluding remarks suggest that unmanned ship operation is sustainable under the current international maritime legislative framework; however, the current legislation should be considered as a baseline from which specific legislation for the operation of unmanned ships can be drawn. The methodology utilised for this paper is based on the legal doctrine. Full article

The present article discusses and analyses the role and contribution of International Maritime Dispute Settlement Bodies in sustainable fishery governance. From a maritime dispute settlement perspective, the discussion on preserving marine biodiversity, including fisheries and ecosystems, is unprecedented. However, dispute settlement impacts on marine biodiversity require serious attention from the viewpoint of effective implementation of the United Nations Fish Stocks Agreement, International Environmental Law, and United Nations Convention on Law of the Sea. ‘Applicable law’ as primary contention, which could be utilised to preserve marine biodiversity, is preferably employed for ‘ship release’ and ‘delimitation’ issues under dispute settlement mechanisms. Perhaps, the political and legal obstacles in interpreting the ‘law of the sea’ are one area of critique, and the optional dispute settlement mechanism is another. All these significant issues are discussed to develop a rational approach utilising ‘applicable law’ to preserve marine biodiversity and develop sustainable fishery governance. The result will certainly help build a better understanding of the ‘applicable law’ jurisdiction that may be utilised to ensure the sustainability of marine biodiversity. Full article

Scientific research has played an important role in the conservation and management of high seas fisheries resources since the adoption and entry into the force of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). In addition, regional fisheries management organizations (RFMOs) have become the most important platform in addressing fisheries-related issues under the contemporary international fisheries legal regime, which also includes the responsibility to ensure that their decisions have to properly incorporate recommendations of scientific research into their decisions. This paper aims to analyze, from a legal aspect, how scientific research plays its role in the formation and adoption of conservation and management measures (CMMs) in RFMOs and finds that scientific research has become an essential and integral part of both International Commission on the Conservation of Atlantic Tunas (ICCAT) and the Indian Ocean Tuna Commission (IOTC). Although, on some occasions, these recommendations will not be totally accepted and adopted by the Commission due to social, economic, and political considerations, the results from scientific research have become the basis for issues related to conservation and management measures discussed in RFMOs and will be more influential if the Scientific Committee provides a more concrete recommendation to the Commission. Full article

The precautionary principle has been implemented in many fields including environment protection, biological diversity, and climate change. In the field of international nuclear safety regulation, the implementation of this principle is in an ongoing process. Since Japan declared to discharge Fukushima nuclear waste water into the ocean, the precautionary principle was put on the stage, and some debates are invoked on it. As is observed by this article, the precautionary principle has not been effectively implemented in nuclear safety regulation, specifically in nuclear safety law making, law enforcement, and judicial application. The reasons can be found from two main challenges: indeterminacy of perceived risk level required to justify precautionary action and hard balance of national interest and community interest in nuclear safety. In a long-term perspective, the framework of international nuclear safety regulation has to respond to these challenges, both by clarifying the precautionary principle in legal binding nuclear safety documents and moving towards a more transparent, fair, and effective enforcement regime in order to promote safer, more sustainable, and efficient civilian nuclear utilization around the world. Full article