The European Union is not a State: International Responsibility for Illegal, Unreported and Unregulated Fishing Activities

6 July 2020 | by gemma | In:

This paper focuses on the responsibility of the European Union in the context of illegal, unreported and unregulated fishing activities. It aims to debate some of the legal issues that characterize its role as a global actor dealing with marine resources and the protection of the environment. For this purpose, I analyse an Advisory Opinion …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

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

Appropriate Measures at Sea: Extraterritorial Enforcement Jurisdiction over Stateless Migrant Smuggling Vessels

20 December 2019 | by gemma | In:

The recent migrant crisis in the Mediterranean Sea has clearly revealed the unclear legal basis for interdicting stateless migrant smuggling vessels in international waters. Despite claims to unilateral enforcement powers by some Western states, the law of the sea does not provide a strong jurisdictional basis for seizing such vessels outside territorial waters. Western destination …More

The Common Heritage of Mankind in International Law: A Great Past but No Future?

20 December 2019 | by gemma | In:

This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

Why Evolving European SAR Policies Threaten Merchant Shipping

20 March 2020 | by gemma | In:

Operators of commercial vessels have rescued tens of thousands of migrant seafarers in the Mediter- ranean Sea since 2014. For commercial actors, swift disembarkation of survivors is critical to ensure safety and prevent further disruption to the rescuing vessel’s primary voyage. From 2014 through 2017, European coastal states such as Italy, Malta, and Greece permitted …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

Editore: Istituto di studi giuridici internazionali CNR , Via dei Taurini, 19, 00185 Roma, Italy
Responsabile: Gemma Andreone | Copyright © 2020 MarSafeLaw Journal.

MarSafeLaw Journal ISSN 2464-9724