Looking for “Submerged Commons”: Towards a New Era for Underwater Cultural Heritage?

21 November 2019 | by gemma | In:

Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different – …More

Fair and equitable benefit-sharing in a new international instrument on marine biodiversity: A principled approach towards partnership building?

3 December 2018 | by gemma | In:

This article suggests a principled approach to the negotiations on benefit-sharing from the use of marine genetic resources under a new international legally binding instrument on marine biodiversity of areas beyond national jurisdiction (BBNJ). It first reflects on the terms in which benefit-sharing has been discussed in the BBNJ negotiations until now, which have been …More

Turkish Straits and Safety of Navigation: the Case of the Vitaspirit

15 July 2019 | by gemma | In:

The Turkish Straits remain one of the most congested and perilous international waterways in the world. There have been a great number of incidents, resulting in physical damage, pollution and loss of life. A recent accident, where the bulk carrier ‘Vitaspirit’ suffered engine malfunction and crashed into the Bosporus coastline, has once again demonstrated the …More

An Incident of ‘Piracy’ off the Coast of Suriname? The Definition of Piracy and the Use (and Misuse) of International Law Terminology

7 October 2019 | by gemma | In:

According to media coverage, a ‘pirate attack’ took place off the coast of Suriname in April 2018. This submission assesses whether the violent incident meets the definition of piracy under international law, reviews different (legal) definitions, and highlights the importance of the location of the attack. It is argued that the use of the term …More

The Common Heritage applied to the resources of the seabed – Lessons learnt from the exploration of deep sea minerals and comparison to marine genetic resources

13 December 2018 | by gemma | In:

This paper draws a parallel between mineral resources of the deep sea and marine genetic resources. The paper first discusses the discovery and first deep sea exploration of minerals bearing metals of economic interest. Secondly, the paper gives a brief historical overview of metal prices, and other external factors, such as the technological challenge and the global economic …More

Marine Genetic Resources in Areas beyond National Jurisdiction: Do We Need to Regulate Them in a New Agreement?

27 November 2018 | by gemma | In:

This paper seeks to question the prevailing orthodoxy on the need for the ‘package deal’ on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of …More

The Concept of Commons and Marine Genetic Resources in Areas beyond National Jurisdiction

27 November 2018 | by gemma | In:

This article explores some of the ways in which marine genetic resources conceptually and normatively intersect with the concept and idea of commons. Through an analysis of the terminological ambiguities and semantic slippages characterizing the usage of the concept of commons in international law, the article addresses questions relation to the idea of global commons …More

Marine biodiversity beyond national jurisdiction: The launch of an intergovernmental conference for the adoption of a legally binding instrument under the UNCLOS

31 January 2019 | by gemma | In:

On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 dealing with the development of an International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. In line with the Resolution, a new intergovernmental conference met …More

Marine Spatial Planning Framework Integration: Synergies, Compatibility and Incompatibility Issues. Evidence from Greece.

25 February 2019 | by gemma | In:

The Directive of the European Parliament and the Council of July 2014 established a general framework for Marine Spatial Planning (MSP) among EU Member States. The Directive aims to promote the sustainable development of marine areas and equitable use of marine resources. Within this context, Greece has initiated the procedure of the Directive’s transposition into …More

Editore: Istituto di studi giuridici internazionali CNR , Via dei Taurini, 19, 00185 Roma, Italy
Responsabile: Gemma Andreone | Copyright © 2015 MarSafeLaw Journal.

MarSafeLaw Journal ISSN 2464-9724