COLREGs and Autonomous Vessels: Legal and Ethical Concerns under Canadian Law

13 July 2021 | by Editorial Board

The present study focuses on legal and ethical questions raised with respect to autonomous – more specifically remotely controlled and fully autonomous – vessels and COLREGs under Canadian law. The legal questions revolve around issues such as whether an autonomous vessel may be qualified as a vessel under COLREGs and whether an autonomous vessel can …More

Repressing Piracy off the Nigerian Waters: Lessons from Korea

13 July 2021 | by Editorial Board

Literature on piracy in Nigeria abound. However, limited insights have been suggested on how to effectively enforce antipiracy legislation through an enhanced institutional regime, from a comparative perspective. This study interrogates the significance of well-equipped and well-trained maritime regulatory and security institutions in enforcing antipiracy instruments in Nigeria. Thus, the study comparatively analyses Nigeria and …More

A Strategic Proposal for Malaysia With Respect to the South China Sea Arbitration

9 June 2021 | by Editorial Board

China has claimed sovereignty over the islands and archipelagos within the South China Sea dating back to 1947 when the ‘eleven-dash line’ was first published by the Nationalist government of the Republic of China. Malaysia is one country that is particularly impacted by China’s claim, which includes the Spratly Islands, a major pathway for global …More

The EU Maritime Security Strategy and Climate Change: The Case of Maritime Transportation and New Challenges Ahead

13 August 2020 | by Editorial Board

Climate change has become one of the most critical concerns for mankind and urgent action is needed. The European Union (EU) Global Strategy of 2016 also considers climate change as a severe factor that may disrupt economic growth and endanger both citizens and territory. The International Maritime Organization (IMO) sought, but failed to reach, a …More

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

6 July 2020 | by Editorial Board

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

Why Evolving European SAR Policies Threaten Merchant Shipping

20 March 2020 | by Editorial Board

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

20 December 2019 | by Editorial Board

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

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

20 December 2019 | by Editorial Board

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

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

21 November 2019 | by Editorial Board

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