Ocean Yearbook Online

Abstract In 2016, an American autonomous underwater glider was seized by the Chinese navy in the South China Sea. The United States considered this a hostile act as the glider was sovereign immune. The Chinese maintained they were merely detaining an unknown craft to properly identify it. The glider was subsequently returned to the United States. Despite this incident ending somewhat peacefully, the issues that led to and stem from it are far from resolved. Was China right in detaining an unidentified object? Or was the United States right asserting that all craft are covered by sovereign immunity if so declared? Can autonomous vessels even have sovereign immunity? These issues are symptomatic of the technological age and the struggle of law to keep pace with constant advancements: new types of vessels do not fit neatly into the definitions of current international law, putting them in regulatory limbo. If not addressed, this could lead to an escalated incident in the future. This article considers the challenges of classifying autonomous vessels under international law, the function of sovereign immunity at sea, and whether it can apply to autonomous vessels. It will also consider potential methods for clarifying the issue at law.

Benjamin J. Bemelen

Regulatory Obsolescence in the Technological Age: Analyzing whether Autonomous Vessels Have Sovereign Immunity at Sea

技术时代下的监管过时：分析自主船舶在海上是否享有主权豁免

Abstract In 1999, the Supreme Court of Canada affirmed that the Treaties of 1760–1761 provided the Mi’kmaq, Wolastoqey, and Passamaquoddy Indige-nous peoples with the right to fish to earn a moderate livelihood. Today, 23 years later, such treaty rights remain unimplemented by Canada. This situ-ation has created significant conflict and violence for Indigenous people who attempt to exercise such rights. This article examines the various rea-sons why such rights have remained unimplemented by Canada, and con-siders Canada’s legislative and policy responses to such rights under the scope of their statutory authority, the common law and Canada’s legal du-ties owed to Aboriginal peoples.

Rosalie Francis

Canada’s Response to Mi’kmaq Aboriginal and Treaty Fishing Rights: Reconciliation or Legal Colonial Oppression?

加拿大对米克马克原住民和条约捕鱼权的回应：和解还是法律殖民压迫？

Abstract This article examines different integrated management frameworks and area-based measures in Canada’s integrated ocean management regime, including their definitions, features and practices. It explicitly analyzes ma-rine spatial planning ( MSP ) and its practice in Canada’s Atlantic, Pacific and Arctic coasts. Case studies, including the Eastern Scotian Shelf Integrated Management ( ESSIM ) initiative, Pacific North Coast Integrated Manage-ment Area ( PNCIMA ) initiative, and Marine Plan Partnership (MaPP), show that MSP has brought additional value to comprehensive ocean planning and facilitated integrated shipping governance. Arctic marine traffic gov-ernance requires an integrated and holistic framework to address the inti-mate relationship and complex interaction between humans and the envi-ronment. The potential application of MSP in developing and governing the Northern Low Impact Shipping Corridors initiative is examined. MSP is con-sidered as a framework or an approach to inform better decision-making for the Corridors initiative from five perspectives: 1) improving interdepart-mental and cross-jurisdictional collaboration; 2) enhancing Inuit engage-ment; 3) encouraging knowledge co-production; 4) supporting data collec-tion and spatial analysis; and 5) facilitating implementation and adaptation of the Corridor initiative.

Weishan Wang

Marine Spatial Planning in Canadian Arctic Shipping Governance: Exploring Its Application in the Northern Low-impact Shipping Corridors Initiative

加拿大北极航运治理中的海洋空间规划：探索其在北方低影响航运走廊计划中的应用

Abstract Hospital ships are vessels that are designed or equipped and primarily used to provide medical and surgical treatment and nursing care for sick or in-jured people at sea. Under the law of the sea and maritime law, such ves-sels are not dealt with separately. Therefore, their status and the respective rules applicable to them depend on the entities operating them. If operated by the armed forces of a State for exclusively government non-commercial purposes they qualify as warships or, if they are under the command of a civilian master, other State ships (“auxiliaries”) that enjoy sovereign im-munity in all sea areas, including the internal waters of another State. If operated by private entities or individuals, they qualify as merchant vessels. The law of naval warfare distinguishes between military hospital ships op-erated by the parties to the conflict and private hospital ships. The latter may be operated by national Red Cross/Red Crescent Societies, officially recognized relief societies, or private persons either of the parties to an in-ternational armed conflict or of a neutral State. The protection of all hospital ships under the 1949 Geneva Convention II is subject to comparatively strict conditions, some of which may have become obsolete in light of contempo-rary technologies and novel threats.

Wolff Heintschel von Heinegg

The Status and Use of Hospital Ships in Times of Peace and War: Law of the Sea, Maritime Law and the Law of Naval Warfare

和平与战争时期医院船的地位与使用：海洋法、海事法与海军战法

Abstract Mining of the global commons in the deep seabed and outer space is grow-ing in technological and economic feasibility. Concurrently, we have in-creasing scientific knowledge of the environmental and social risks in-volved. Is the concept of the global commons and the related international law principle of the common heritage of humankind useful for negotiating such risks? Can this principle overcome its disciplinary legacy of strong mercantilist values and make an evolutionary turn towards greater ecologi-cal and social consciousness? To answer these questions, this reflection examines the role of the commons, corporations, and European empire in the creation of international law as well as environmental crises. It con-cludes that to overcome disciplinary legacies of imperialism and corporate greed, it would be helpful to conceive of international law as itself a global commons. Rather than Eurocentric values writ large, an international law where all cultures could participate on their own terms makes space for more sustainable and equitable legal traditions to reshape the global order.

Usha Natarajan

The Global Commons: Deep Sea, Outer Space and Beyond

全球公共领域：深海、外太空及更远

Abstract The ocean was finally recognized within the formal UN climate change negotiations at COP 25 in 2019. This result was due to a decades long multinational, collaborative effort spearheaded by the Global Ocean Forum under the inspired leadership of Dr. Biliana Cicin-Sain. This article describes some of the major events leading up to COP 25 and the developments in ocean-climate change activities at the following two COP meetings in Glasgow, Scotland ( COP 26) and Sharm el-Sheikh, Egypt ( COP 27). Observations about each of the COP meetings are presented, and successes and failures are identified along the way. In particular, the importance of the formal dialogues on ocean and climate change are assessed, and the urgency of translating hopes and aspirations into real climate action for the ocean is highlighted in preparation for the COP 28 in Dubai in 2023.

Peter J. Ricketts

Dotun Olutoke

A Commentary and Critique on Progress in Ocean and Climate Change Action at Recent COP Meetings

近期气候变化行动与海洋进展的评论与批判

Abstract The specific processes involved in the Caribbean Community’s ( CARICOM ) role as a coordination mechanism for its Member States, composed of Caribbean Small Island Developing States ( SIDS ), participating in multilateral environmental agreement ( MEA ) negotiations are sparsely documented within academic literature. CARICOM Member States have increasingly suffered from the transboundary movement and deposition of plastic litter on their coastlines. The Intergovernmental Negotiating Committee ( INC ) convened in November 2022 to develop an international legally binding instrument to manage plastic pollution, including in the marine environment. Known as the global plastics treaty, Caribbean SIDS face inequities in their ability to adequately prepare and participate in this negotiation forum. CARICOM ’s history of addressing environmental issues, notably through its participation in MEA s, has positioned CARICOM as a significant negotiating bloc in MEA meetings. This study classifies CARICOM ’s systematic coordination processes for preparing its Member States for MEA negotiations and assesses opportunities, challenges and limitations for CARICOM to serve as the coordination mechanism for preparing its Member States for the ongoing global plastics treaty negotiations.

Kristal K. Ambrose

CARICOM as the Coordination Mechanism for Caribbean Small Island Developing States Participating in the Global Plastics Treaty Negotiations

加勒比共同体作为加勒比小岛屿发展中国家参与全球塑料条约谈判的协调机制

Abstract This article examines the criminalization of humanitarian search and rescue at sea in the United Kingdom under the Nationality and Borders Act 2022 through the widening of the facilitation offence under Section 41, primarily by the removal of the words “for gain.” In this endeavor, it evaluates the compatibility of the NBA with the maritime search and rescue international legal framework, with particular attention to the protection of rescuers and the integrity of the maritime search and rescue system. The NBA introduces a punitive approach towards maritime search and rescue efforts not undertaken on behalf of or coordinated by His Majesty’s Coastguard or an overseas maritime search and rescue authority exercising equivalent functions. Despite the statutory exclusions and defences suggesting some protection to rescuers, the NBA amounts to an act of deterrence for rescuers to act outside the supervision of the designated authorities. Further, the statutory threat to prosecute rescuers at sea ultimately serves the unspoken purpose of tightening the detection and control of unauthorized arrivals. The analysis proposed signals the UK’s shortfalls in the compliance with its international commitments, primarily in the maritime search and rescue realm, in its pursuit to prioritize deterrence policies.

Ainhoa Campàs Velasco

Maritime Search and Rescue in the Nationality and Borders Act 2022: An Act of Deterrence?

《2022年国籍与边境法中的海上搜救：威慑法案？》

Abstract Indigenous peoples’ resurgence to use their own ways, laws, and political and intellectual traditions is becoming synonymous with fisheries governance in Canada. On the east coast, a Mi’kmaw perspective was garnered to enhance understanding of the Mi’kmaq image of their fisheries based on Aboriginal and treaty rights to fish to inform governance design. Using semi-structured interviews exploring governance challenges and opportunities with Mi’kmaw participants and desktop research, an image of the Mi’kmaw fisheries was derived. Based on content analysis of the transcripts, historical, legal, and current perspectives of Aboriginal and treaty rights-based fisheries, Mi’kmaq fisheries is described as one that supports the individual’s and collective’s physical, spiritual, cultural, and economic needs yet is self-governed, ethical, shared, responsible, conservative, respectful, and intermittent. This image of the Mi’kmaw fisheries was found to conflict with the current fisheries image held by the federal government and thus requires a shift of federal understanding of the role of the legal and historic interdependency as one fishery. Such understandings would require changes to federal policy to reflect an integrated understanding and image of the Mi’kmaw Aboriginal and treaty rights-based fisheries.

短名	Ocean Yearb.
Journal Impact	0.77
国际分区	ENVIRONMENTAL STUDIES(Q4)

ISSN	0191-8575, 2211-6001
h-index	12

涉及主题	政治学法学地理地质学生物经济业务计算机科学海洋学环境科学生态学社会学
出版信息	出版商: Brill Academic Publishers，出版周期: ，期刊类型: journal，开源期刊: 否
基本数据	创刊年份: 2011，原创研究文献占比: 100.00%，自引率:42.90%， Gold OA占比: 13.56%

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Regulatory Obsolescence in the Technological Age: Analyzing whether Autonomous Vessels Have Sovereign Immunity at Sea

Canada’s Response to Mi’kmaq Aboriginal and Treaty Fishing Rights: Reconciliation or Legal Colonial Oppression?

Marine Spatial Planning in Canadian Arctic Shipping Governance: Exploring Its Application in the Northern Low-impact Shipping Corridors Initiative

The Status and Use of Hospital Ships in Times of Peace and War: Law of the Sea, Maritime Law and the Law of Naval Warfare

The Global Commons: Deep Sea, Outer Space and Beyond

Regulatory Obsolescence in the Technological Age: Analyzing whether Autonomous Vessels Have Sovereign Immunity at Sea

A Commentary and Critique on Progress in Ocean and Climate Change Action at Recent COP Meetings

CARICOM as the Coordination Mechanism for Caribbean Small Island Developing States Participating in the Global Plastics Treaty Negotiations

Maritime Search and Rescue in the Nationality and Borders Act 2022: An Act of Deterrence?

Conceptualizing Mi’kmaw Aboriginal and Treaty-Based Fisheries: Legal Constructs or Value-Based Way of Life?