United States Arctic Ocean Management and the Law of the Sea Convention

United States Arctic Ocean Management and the Law of the Sea Convention
Author:
Publisher:
Total Pages: 10
Release: 2008
Genre:
ISBN:

This paper provides a brief overview of the international and domestic law and policy that provide the framework for the management of Arctic Ocean resources off the coast of Alaska by the United States. There will be a general discussion of the international legal framework set forth by the United Nations Convention on the Law of the Sea (UNCLOS) as applied to U.S. management in the Arctic Ocean, including the delicate balance of rights and interests, in particular the right of navigation, research, and exploration, and the right of U.S. exercise of coastal State jurisdiction. The paper begins with an overview of the work of the U.S. Baseline Committee, which is the decision-making body in the U.S. Government that determines the Baseline from which the limits of all U.S. maritime zones are measured. It also provides a brief overview of the limits of the territorial sea, contiguous zone, and Exclusive Economic Zone on the official U.S. nautical charts that are produced by NOAA. The United States, Canada, Denmark, Norway, and Russia are all interested in determining the limits of their respective continental shelves in the Arctic Ocean. While the United States has not ratified UNCLOS, it is working on collecting the data required for determining the limit of its continental shelf under Article 76. Climate change is having dramatic effects. There is a significant melting of Arctic sea ice in the summer months that is resulting in new access to ships to explore and exploit Arctic Ocean resources and new routes of navigation that may provide more efficient trade and commerce. There is a growing concern over these trends and the increases in human activity, shipping, and energy development that will ensue. The U.S. is reviewing its Arctic policy and focusing on these changes and their implications for national and homeland security, the mapping of its continental shelf, energy exploration, environmental protection, and conservation of natural resources.

The Law of the Sea Convention

The Law of the Sea Convention
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Total Pages: 599
Release: 2012-03-19
Genre: Law
ISBN: 900420136X

This text provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management.

Global Challenges and the Law of the Sea

Global Challenges and the Law of the Sea
Author: Marta Chantal Ribeiro
Publisher: Springer Nature
Total Pages: 473
Release: 2020-05-23
Genre: Law
ISBN: 3030426718

This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.

Changes in the Arctic Environment and the Law of the Sea

Changes in the Arctic Environment and the Law of the Sea
Author: Myron Nordquist
Publisher: BRILL
Total Pages: 624
Release: 2010-05-03
Genre: Law
ISBN: 9004187391

Changes in the Arctic Environment and the Law of the Sea is based on the 33rd Annual Conference of the Center for Oceans Law and Policy, a primary sponsor, along with the Law of the Sea Institute of Iceland as well as with the U.S. Arctic Commission, the University of Alaska (Fairbanks) and the Law of the Sea Institute, Law School (Boalt Hall), University of California, Berkeley.

Maintaining Arctic Cooperation with Russia

Maintaining Arctic Cooperation with Russia
Author: Stephanie Pezard
Publisher: Rand Corporation
Total Pages: 102
Release: 2017-03-07
Genre: History
ISBN: 0833097806

This report examines potential transformations that could alter Russia’s current cooperative stance in the Arctic. It analyzes current security challenges related to climate and geography, economy, territorial claims, and military power, suggests some ways in which these could undermine Arctic cooperation, and offers recommendations for the U.S. government to manage the risks to cooperation.

The Law of the Sea and the Polar Regions

The Law of the Sea and the Polar Regions
Author: Erik J. Molenaar
Publisher: Martinus Nijhoff Publishers
Total Pages: 466
Release: 2013-08-15
Genre: Law
ISBN: 9004255214

The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes of the contemporary law of the sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume critically examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.

Marine Scientific Research Arctic. Arctic Perspectives on the Law of the Sea Convention

Marine Scientific Research Arctic. Arctic Perspectives on the Law of the Sea Convention
Author: Stefan Kirchner
Publisher: GRIN Verlag
Total Pages: 15
Release: 2015-07-03
Genre: Law
ISBN: 3668011141

Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This short essay introduces the reader to the aspects of the United Nations Convention on the Law of the Sea, often simply referred to as the Law of the Sea Convention (LOSC) which are often overlooked but which play a crucial role already today and which are bound to become more important in the future. Marine scientific research is no longer merely of academic interest. Oil, gas, fish and in the near future also natural resources at the sea bed are important economic factors. In particular in the Arctic Ocean, which is becoming more accessible due to climate change and the fast decline of the sea ice cover, competing claims to the sea provide new challenges. These conflicts include the territorial dispute between Denmark (which despite Greenland’s increased autonomy retains control over the island’s foreign affairs) and Canada over Hans Island, At the time the 1982 Convention was drafted, the idea that commercial mining of the Deep Sea Bed was just around the corner. While the technological development immediately after the adoption of the Law of the Sea Convention took longer than had been thought initially, advances in recent years have made deep sea mining a more realistic possibility. Indeed, several claims have been staked around the world. A distinction has to be made between claims to the Continental Shelf (which is not to be confused with the Deep Sea Bed) as an extension of the sovereignty of the state over the land on one hand and usage rights in parts of the Deep Sea Bed on the other.

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea
Author: Tomas Heidar
Publisher: BRILL
Total Pages: 498
Release: 2020-09-07
Genre: Law
ISBN: 9004437754

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.