Sovereignty over the entire territorial sea Art 2(2) extends the sovereignty over the seabed and subsoil Art 49—Archipelagic Waters Seabed and subsoil Regardless of depth or distance from the coast Art 56 – EEZ Sovereign rights over natural resources Jurisdiction over artificial islands, etc Due regard Part VI Marine Scientific Research Art 76 – Continental Shelf Sovereign rights over resources Rights are exclusive Note also articles 79, 81, 82, 85 International Jurisdiction Res Communis: resources can be used by any State but not State could gain an exclusive title to any part of the area Res Nullius: title could have been gained to areas of the sea bed by their occupation through use, so that mining States would have become owners of parcels of the ocean floor and not simply of the resources recovered from them US Objections to Part XI No guaranteed seat on the Council Voting rules (Art 159) Amendment provisions Revenue sharing Mandatory technology transfer The enterprise versus Commercial Production limitations Payments Implementing Agreement “Fixes” Guaranteed US Seat on the Council November 98 Deadline Guaranteed US Seat on Finance Committee November 98 Deadline Eliminated ‘mandatory’ technology transfer Access first-come, first-served US veto over revenue distribution International Law of Fisheries (Ch. 14) Harmful Fishing Practices Overuse or overfishing, Non-selectivity, Destructive Fishing, Destructive Methods (Poison, Explosives, Muroami: pound/destroy coral to scare fish out) Issues in Fishery Management Tragedy of the Commons Conservation Access Management Authority
International Convention for the Control and Management of Ships Ballast Water and Sediments Adopted February 2004 Intended to prevent effects of the spread of harmful aquatic organisms carried by ships' ballast water. Will require all ships to implement a Ballast Water and Sediments Management Plan. Particularly Sensitive Sea Areas Designated by IMO (ex: great barrier reef, Florida keys, Galapagos) Protected through Ship Routing Measures Discharge and Equipment Requirements Vessel Traffic Services MARPOL Special area is different: you can’t discharge oil Shipbreaking: Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships May 2009 15 states need to sign, represent 40% of world’s tonnage Ship disposal, break up ships to recycle for scraps Ships sent for shipbreaking must have inventory, list of hazardous materials, initial survey to verify inventory Older ships contain many substances that are now banned: Asbestos, hydrocarbons, heavy metals Relationship to Regulations 13 G/13H MARPOL Annex VI Entered into force May 2005 Sets limits on certain emissions July 2005 amendments North Sea Sox Emissions Control Area Review of Annex VI and Nox Technical Code MARPOL Annex II Revised Annex II regulations adopted October 2004 4 Category system for noxious and liquid substances Marine Scientific Research (Ch. 16) What is Marine Scientific Research? Marine Scientific Research is not defined Purpose Includes: Oceanography, Marine biology, Fisheries research, Scientific ocean drilling and coring, Geological/geophysical scientific surveying Development International law prior to UNCLOS 1958 Territorial Sea Convention – need permission from coastal state 1958 High Seas Convention – freedom to research not expressly mentioned in article