The significance of the ocean in terms of its economic potential is well established, however, it is plagued with many threats and challenges which call for a proper examination of its management and governance. This paper examines the legal and institutional frameworks at the global, regional, sub-regional, and national levels for governance of the oceans …More
The Adoption of the New Legally Binding Instrument on Marine Biodiversity Conservation and Sustainable Use in Areas Beyond National Jurisdiction Pascale RICARD and Samira BEN ALI On 4 March 2023, an agreement was reached on the conservation and sustainable use of marine biodiversity beyond national jurisdictions, marking the end of over 15 years of discussions. …More
Spaceports located on coastal areas can have adverse consequences for the marine environment including acoustic disturbance (e.g. underwater noise) from launch, as well as flight paths passing over these areas affecting marine biodiversity, toxic contaminants and thermal effects from any discharges arising from these activities. Spaceport activities can also affect the displacement of animals and …More
Maritime safety and thus ISM (International Safety Management Code) audits are directly or indirectly regulated by a host of regulatory instruments. These regulations set the standards for verification, certification, and auditing mechanisms. Intrinsically, these legal regulations influence, or at least should influence, the quality and effectiveness of this auditing mechanism. The legal regulatory framework of …More
The aggression by the Russian Federation against Ukraine in 2022 has rewritten the EU-Russia partnership that had developed over the last thirty years. In those thirty years, both the EU and the Russian Federation became maritime powers. This paper offers an analysis of the main dynamics that have brought about the developments of the EU-Russia …More
The Turkish Straits are one of the most congested and dangerous natural waterways in the world and recent developments have placed additional strain on safety of navigation. Previously, it has been argued that certain steps would improve transit safety and that the expenditure involved in realizing these measures could be financed through a proportional increase …More
In this paper, we analyse the phenomenon of designing a litigation strategy. To do this, we study the case of search and rescue operations in the Mediterranean. In particular, we observe how teams of lawyers (supported by foundations and private donations) are trying to challenge EU immigration policies by developing different litigation strategies before the …More
After years of great uncertainty on the viability of deep-sea mining activities, the International Seabed Authority is currently negotiating the draft regulations on exploitation of mineral resources in the Area. In this context, the EU has recently come up with a Commission proposal for an EU Council decision on the position to be taken on …More
Many governments face the problem of IUU fishing. Spain is a state party to the United Nations Convention on the Law of the Sea (UNCLOS) and has comprehensive spatial planning compatible with international norms. In its maritime territory, the penal code is applied according to the legal regime applicable the different areas and within limitations …More
Superposition of national legal regimes in maritime disputed areas is governed by a set of international rules provided for in Articles 74 and 83 of the United Nations Convention on the Law of the Sea (UNCLOS). According to those articles, and as the international jurisprudence confirmed, not all activities are permissible in those areas, and …More
The article presents the legal framework of EUNAVFOR MED IRINI, a naval force established by the EU to contribute to the implementation of the arms embargo on Libya by UNSC Resolution 1970 (2011). The legal basis of IRINI is to be found both in the EU Council’s Decision establishing it, and the UNSC Resolution it …More
