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2 results

  • 2 - Coastal States’ Rights and Obligations under the Law of the Sea

  • Lan Ngoc Nguyen, Universiteit Utrecht, The Netherlands
  • Book:
    The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 15-65

  • Summary

    The term ‘coastal State’ is not defined under UNCLOS despite being one of the most frequently used terms. In the EEZ, UNCLOS confers upon coastal States both exclusive sovereign rights and jurisdiction over natural resources and jurisdiction in relation to artificial islands, installations and structure, marine scientific research and environmental protection. However, the scope of these rights and obligations is not always clearly set out in the relevant provisions, requiring further clarification and elaboration. Moreover, due to the new scope of power given to coastal States in the EEZ, the question has arisen as to how coastal States’ rights and obligations in this new maritime zone, as well as coastal States’ rights and obligations in the territorial sea and the high seas, interact with historic claims arising prior to the entry into force of UNCLOS. This chapter analyses the decisions rendered by UNCLOS tribunals addressing the abovementioned issues and assesses the extent to which they have contributed to clarifying relevant rules relating to coastal States’ rights and obligations under the law of the sea.

  • The contours of the development of non-living resources in Greenland

  • Part of
  • Minori Takahashi
  • Journal:
    Polar Record / Volume 56 / 2020
    Published online by Cambridge University Press:
    03 February 2020, e13

  • In past discussions regarding development (of non-living resources) and indigenous people, a strong tendency existed to understand the act of development as a one-way impact from an outside society. This was often labelled as “environmental racism” and interpreted as a form of ethnic discrimination deeply intertwined with environmental issues. However, this view contained an element of confirmation bias regarding development and indigenous people. For example, it has been reported that in Alaska and elsewhere, indigenous people have taken initiative in developing non-living resources, making it clear that indigenous people are not necessarily passive subjects on whom development is unilaterally imposed. In this paper, after examining recent trends in the development of non-living resources, I shall take up the development of such resources in Greenland with the goal of sorting out and extrapolating the main arguments in the debate, especially within the self-rule government, regarding how the wealth obtained through the development of non-living resources should be enjoyed, while focusing on the notion of sustainable development and taking into consideration previous studies from the field of political science.