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FNI PUBLICATION SUMMARIES

Law of the Sea and Marine Affairs



Olufsen, Madelen Julie
Havrettsdomstolens jurisdiksjon i saker om midlertidig forføyning ('The Jurisdiction of the International Tribunal for the Law of the Sea to Prescribe, Modify or revoke Provisional Measures Under Article 290(5) of the UN Law of the Sea Convention')
FNI Report 5/2014. Lysaker, FNI, 2014, 42 p.
> Download full-text version (PDF)

This report provides an examination of the rules on provisional measures under Article 290 of the United Nations Convention on the Law of the Sea (the LOS Convention). The report also analyses how the LOS Convention’s permanent dispute resolution body - the International Tribunal for the Law of the Sea (ITLOS) - has applied Article 290 in a number of cases: Southern Bluefin Tuna (1999), MOX Plant (2001), Land Reclamation by Singapore in and around the Straits of Johor (2003) and ARA Libertad (2012). Main focus of the examination is placed on how ITLOS has dealt with the two key criteria for its competence to prescribe, modify or revoke provisional measures under Article 290, paragraph 5, that is, the criteria of "urgency" and "prima facie"-jurisdiction.



Vidas, Davor
'Sea Level Rise and International Law: At the Convergence of Two Epochs'
Climate Law,
Vol 4, Nos 1-2, 2014, pp. 70-84.
> Access full-text version here

With climate change and the resultant sea-level rise projected already for this century, fundamental challenges for international law may be on the horizon. Core aspects of international law rely on the general stability of geographical conditions. Coastal geography, due to its perceived stability, serves as the key objective circumstance on the basis of which the rights of states to maritime zones are determined, and maritime delimitation disputes resolved. A defined territory is a constituent element of statehood under international law. In the not-too-distant future, important questions may arise about the sustainability of those aspects of international law, while other aspects, such as the population of the state - and, accordingly, human rights - may gain in prominence and acquire new dimensions, all likely to require profound re-examination of currently accepted paradigms of international law. This article briefly addresses three questions: first, are the prospects of sea-level rise already a real concern from the viewpoint of international law? Second, what is the relevance of this perspective for current international law? And third, how should international law in the future approach the phenomenon of sea-level rise?



Andresen, Steinar
'International Whaling Commission'
In J.F. Morin and A. Orsini (eds), Essential concepts of Global Environmental Governance. London/New Yourk, Routledge, 2014, pp. 101-104.
> More information about the book here

The International Whaling Commisiion was established in 1948. Initially membership was limited and it was only whaling nations that took part. It started out as 'whalers club', depleting all the large whales. In the next phase management was more cautious, due to better science but also because there were less whales to catch. In the third phase, in the 1980s and early 1990s, memebership increased stronly, mostly anti-whaling states and the IWC turned into a protectionist club, adopting a moratorium on all commercial whaling. More recently the pro-whaling forces have once more been on the rise, but there is a stalemate regarding the future course of the IWC. The reasons behind these changes can be found in the varying significance of power, norms and institutions.



Jensen, Øystein
The Commission on the Limits of the Continental Shelf: Law and Legitimacy
Leiden/Boston, Brill/Nijhoff, 2014, 316 p.
> More information about the book here

As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.



Hønneland, Geir
'Norway and Russia: Bargaining Precautionary Fisheries Management in the Barents Sea'
Arctic Review on Law and Politics,
Vol 5, No 1, 2014, pp. 75-99.

The Barents Sea contains some of the most valuable fish resources in the world, including the world’s largest cod stock. Since the mid-1970s, Norway and the Soviet Union/Russia have managed the most important stocks in the area together, through the Joint Norwegian-Russian Fisheries Commission. During the 1990s, the precautionary approach was adopted as the leading device for global fisheries management, introducing a requirement for additional precaution when scientific evidence is uncertain, as well as a number of practical regulatory measures related to scientific research, regulation and enforcement. Since the late 1990s, the Joint Commission has gradually adopted a number of measures required by the precautionary approach. Russia has never formally introduced the principle in its own fisheries legislation, but by and large employed regulatory measures in line with it. The article presents the major precautionary regulatory measures adopted by the Commission, including precautionary reference points for spawning stocks and fish mortality, a harvest control rule for quota settlement and various enforcement initiatives. A particular focus is on Norwegian-Russian collaboration and how Norway has bargained with Russia for precautionary management measures.



Jensen, Øystein
'The Commission on the Limits of the Continental Shelf: An administrative, Scientific, or Judicial Institution?'
Ocean Development and International Law,
Vol 45, No 2, 2014, pp. 171-185.
> Access full-text version here

This article analyses the characteristics of the Commission on the Limits of the Continental Shelf as an international decision-making institution in the process of establishing the seaward limits of the continental shelf beyond 200 nautical miles from the baselines of the territorial sea under Article 76 of the 1982 UN Convention on the Law of the Sea. The Commission may be compared to scientific bodies established to give advice relating to the implementation of treaty provisions. However, in the exercise of its functions, the Commission also performs legal-administrative tasks, and its recommendations to individual coastal states entail significant legal effects; for instance, as a means of interpretation under the Vienna Convention on the Law of Treaties. The Commission’s functions and competencies must be taken into account in classifying and understanding this unique international institution.



Hønneland, Geir
'Compliance and Postagreement Bargaining in the Barents Sea Fisheries'
Ocean Development and International Law,
Vol 45, No 2, 2014, pp. 186-204.
> Access full-text version here

States’ failure to comply with their international obligations has been viewed by institutional theory as problems to be solved, rather than as wrongs to be punished. This article reviews how Norway has employed different postagreement bargaining strategies in the Joint Norwegian-Russian Fisheries Commission in order to enhance Russian compliance with the bilateral fisheries agreements in the Barents Sea and with the precautionary approach more widely.



Jensen, Øystein
Noreg og havets folkerett ('Norway and the Law of the Sea')
Trondheim, Akademika, 2014, 169 p. In Norwegian.
> More information about the book

The law of the sea has over the past fifty to sixty years changed the legal map of the world. Enormous maritime and subsea areas, previously subject to the freedom of the high seas, are today part of national States' exclusive jurisdiction and control – a legal development which indeed has been to the benefit of large coastal States, including Norway.This book focuses on the extent to which the development of the law of the sea has affected Norway and its legislation, emphasizing on the following areas: the establishment of maritime zones; delimitation between Norway and neighboring States regarding continental shelf areas and other maritime zones, for example in the North Sea and the Barents Sea; and the international legal status of the maritime zones adjacent to the Svalbard archipelago. In addition, key issues regarding marine environmental protection is presented and discussed.



Tvedt, Morten Walløe and Ane E. Jørem
'Bioprospecting in the High Seas: Regulatory Options for Benefit Sharing'
The Journal of World Intellectual Property,
Vol 16, No 3-4, 2013, pp. 150-167.
> Access full-text version here

Judging from the debates on the international political scene, the legal regime for the marine areas beyond national jurisdiction might be changing in the years to come. One recurring question is whether and how future international law should incorporate the issue of sharing the benefits that arise from utilizing marine genetic resources (MGRs). In reviewing these questions, this work outlines some of the regulatory options for addressing the activity of bioprospecting in the high seas. De lege ferendae the activity of bioprospecting will likely give rise to a wide range of legislative alternative forms of benefit sharing. These must be consistent with the fundamental principle of freedom of the high seas and the exclusive rights awarded by patents when the activity results in an invention; yet they should also have advantages in terms of conserving MGRs, promoting fairness and spurring innovation. When emphasis is placed on maintaining the incentives to innovate, there are important drawbacks to monetary benefit sharing. On the other hand, open or semi-open source options can be conceived for the material relating to MGRs. This article identifies important practical implications and unresolved legal and practical questions for owners of sampled material and for third-party users.



Jensen, Øystein
The Commission on the Limits of the Continental Shelf - Law and Legitimacy
Doctoral dissertation, Faculty of Law, University of Oslo, 2013, 331 p.
> Read related FNI News article

The doctoral dissertation focuses on law and legitimacy in relation to the Commission on the Limits of the Continental Shelf. The main finding of this study is that in several aspects - from a normative and comparative perspective of legitimacy - there is a significant disparity between the Commission's functions and competence on the one hand, and its procedures and composition on the other. The research carried out thus also serves to illustrate - by using the example of the Commission on the Limits of the Continental Shelf - what contemporary international law theory considers to be dislocation of decision-making in the law among nations.



Jensen, Øystein
'Limits of the Continental Shelf in the Arctic'
European Society of International Law - Reflections,
Vol 2, No 4, 2013, 4 p.
> Download article

The Arctic is attracting attention because of the ongoing legal process whereby coastal states are engaged in defining the outer limits of their continental shelves. For the Arctic coastal states, this work is conducted within the framework of the UN Convention on the Law of the Sea, except for the USA, which is not a party to the Convention. This article offers a brief reflection on specific legal issues relevant to setting the outer limits of the continental shelf in the Arctic Ocean.



Vidas, Davor
'Consolidation or Deviation? On Trends and Challenges in the Settlement of Maritime Delimitation Disputes by International Courts and Tribunals'
In N. Boschiero, T. Scovazzi et al (eds), International Courts and the Development of International Law: Essays in Honour of Tullio Treves. The Hague/Berlin, TMC Asser Press/Springer, 2013, pp. 323-332.
> Purchase chapter here

The basic consideration in maritime delimitation under international law is the importance accorded to neutral, objective legal criteria to enable predictability, along with an appreciation of the specific circumstances of each case, to achieve an equitable solution. Especially since the first half of the 1990s, international judicial and arbitral practice on maritime dispute settlement has greatly contributed to the interpretation and consolidation of principles of international law and rules for maritime delimitation. Although several long-standing maritime delimitation disputes have recently been resolved, the overall trend has not been a decrease in the number of open and emerging maritime delimitation issues. Some new developments, embodying the demand for unique solutions to be employed in maritime delimitation, confront the trend toward the consolidation of international judicial and arbitral practice. This chapter addresses some of those issues.



Vidas, Davor
'Subregional Marine Governance: The Case of the Adriatic Sea'
In H.N. Schieber and J.-H. Paik (eds), Regions, Institutions and Law of the Sea. Leiden/Boston, Martinus Nijhoff Publishers/Brill Academic Publishers, 2013, pp. 337-355.
> For more information and orders, see Brill's website.

Although it is a part of the wider Mediterranean region, the Adriatic Sea is for many reasons rightly considered a marine subregion in its own right. This chapter provides a concise overview of key recent developments and challenges of the Adriatic Sea, many of which concern Adriatic subregional features. While some of these features were well-known in the earlier history of the law of the sea, they are now re-emerging in a new and more complex contemporary setting. The coastal states of the Adriatic Sea are now facing major challenges as regards the sustainability of marine resources, where impacts in one Adriatic area may be reflected in any other area of that sea. Simultaneously, complex regional responses to the uses of the seas are being developed within the European Union (EU) in the context of its Integrated Maritime Policy as well as on the basis of the EU Marine Strategy Framework Directive. Regionalization of the "European seas," including a subregional approach where appropriate, is an important element of the EU Marine Strategy. Is there a role for the EU, now also equipped with its Marine Strategy, to play in the current Adriatic Sea situation? How has the EU handled pressing Adriatic Sea issues so far, especially in relations between EU member states and states that are candidates for EU membership? Are there specific Adriatic Sea "subregional" approaches emerging in that context? And if so, how do they relate to the international law framework provided by the United Nations Convention on the Law of the Sea? Some of those questions still remain without definitive answers. This chapter aims to help us understand why such a situation has persisted.



Hønneland, Geir
Coercive and Discursive Compliance Mechanisms in the Management of Natural Resources
Springer, 2012, 204 p.
> More information about the book at the publisher's website

The debate in the social sciences on the management of common resources crosses interdisciplinary boundaries. Regulation brings little gain if the established rules are not complied with by the users of the resource. The book discusses how public authorities can influence the users' decision making in this regard, using a variety of coercive and discursive measures. It thus addresses a topic that has suffered from neglect in both the theoretical and practical debate on natural resource management. The Barents Sea fisheries are used as a case study in the book. The Norwegian Coastguard have produced violation statistics and these are used to investigate the level of compliance in these fisheries. Furthermore, a group of Norwegian and Russian fishermen have been consulted, together with representatives of Norwegian fishermen's associations, by means of personal, in-depth interviews aimed at revealing their attitudes to the regulation, management and enforcement systems.



Stokke, Olav Schram
'Law of the Sea'
In George Ritzer (ed), The Wiley-Blackwell Encyclopedia of Globalization, vol. 3. New York, Wiley-Blackwell, 2012, pp. 1280-1282.
> More information about the book at the publisher's website

The Law of the Sea is that part of public international law dealing with regulation and division of competence regarding ocean activities. Major changes have been driven by such key aspects of globalization as competition, diffusion, institutions. In the 1600s, competition among European states over foreign markets and natural resources spurred legal doctrines justifying a simple spatial differentiation. Save for narrow coastal strips controllable from land (territorial waters), the oceans were considered high seas where only the flag-state of a vessel could limit its freedom of action. Diffusion of new technologies and capital investments in the 1900s undermined the conduciveness of some of these high-seas freedoms and international and transnational institutions have offered venues for negotiating more nuanced divisions of competence and more restrictive norms of ocean use. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) differentiates the competence to regulate ocean use by activity and distance from the coast, reflecting a political balance struck between coastal-state demands for natural-resource control and maritime-state requests for unrestricted navigation. The UNCLOS provides a comprehensive and dynamic framework for ocean governance that numerous global and regional organizations aim to specify and strengthen in such areas as shipping (International Maritime Organization), fisheries (Food and Agriculture Organization, regional commissions), and environmental protection (e.g. UN Environment Program, regional commissions). The compliance pull of international norms on ocean use derives not only from increasingly elaborate verification and response systems but also from procedural and substantive validation in support of legitimacy or equity.



Hønneland, Geir
Making Fishery Agreements Work: Post-Agreement Bargaining in the Barents Sea
Cheltenham/Northampton, MA, Edward Elgar, 2012 (hardback), 2013 (paperback),160 p.
> More information about the book and free downloads at the publisher's website
> Read related FNI News article
> Read book review in Polar Record

Why do people obey the law? And why do states abide by their international commitments? These are among the questions raised in this book. The setting is the Barents Sea, home to some of the most productive fishing grounds on the planet, including the world’s largest cod stock. Norway and Russia manage these fish resources together, in what appears to be a successful exception to the rule of failed fisheries management: stocks are in good shape, institutional cooperation is expanding and takes place in a constructive atmosphere. The author argues that post-agreement bargaining helps activate norms and establish standard operating procedure that furthers precautionary fisheries management.



Jensen, Øystein
'Law of the Sea: Protection and Preservation of the Marine Environment'
In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 69-82.
> More information about the book at the publisher's website

The chapter presents an outline of the most important framework regulations under present day law of the sea with regard to marine environmental pollution. It outlines the modern history of the law of the sea and very briefly the negotiations leading to the adoption of the LOS Convention. The chapter explores key aspects of the LOS Convention concerning the protection of the marine environment, that is, the duty of states to protect the marine environment from pollution; the rights of states to combat pollution from different sources; and global and regional cooperation.



Skjærseth, Jon Birger
'North Sea Pollution Control: One Problem, Different Solutions'
In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 83-96.
> More information about the book at the publisher's website

Since the beginning of the 1970s, international cooperation has been in place to reduce pollution in the North Sea and the North East Atlantic. This chapter analyses the international efforts to cope with marine pollution in the North Sea. Three partly overlapping institutions are examined: North Sea conferences, the OSPAR Convention and the EU. The main conclusion is that these institutions have fulfilled different functions all of which are needed to make international environmental cooperation effective.



Stokke, Olav Schram
'International Fisheries Politics: From Sustainability to Precaution'
In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 97-116.
> More information about the book at the publisher's website

This chapter first pinpoints the basic problem international fisheries institutions set out to solve: balancing legitimate goals on the use, conservation and allocation of scarce common-pools resources. Rapid technical advances in decades after World War II generated overcapacity and resource decline or collapse in many fisheries world wide. Responding to these challenges, states set up regional management regimes and clarified global rules on the division of competence between coastal states, flag states and port states. Under those institutions, scientific advisory bodies struggle to compile and analyze data; political bodies struggle to agree on adequate measures; while monitoring and enforcement suffer from a predominant reliance on flag state measures. Port measures involving restrictions on landing and transhipment is a promising recent trend.



Vidas, Davor and Peter Johan Schei (eds)
The World Ocean in Globalisation
Leiden/Boston, Martinus Nijhoff Publishers/Brill, 2011, 580 p.
> More information about the book at the publisher's website
> Download flyer and order form
> Read related FNI news article

In this volume, 33 international experts on marine sciences, ocean affairs and the law of the sea examine the emerging challenges for the World Ocean, inquiring into developments prompted by globalisation in central issue-areas of the law of the sea. These are explored systematically in sections on the key challenges and developments in the interface of science, economic uses and law (Part I); climate change and the oceans (Part II); sustainability of fisheries (Part III); challenges and responses related to global maritime transport (Part IV); and the regulatory responses to global challenges in seas surrounding Europe (Part V). The questions raised in this book follow from an overall concern increasingly voiced by scientists in recent years: Have we already entered a new epoch - the Anthropocene, dominated by the impact of human activities? What, in that context, are the effects of increasing globalisation on the seas and oceans? This is the second volume on the theme of oceans in globalisation prepared by the Fridtjof Nansen Institute in international cooperation with numerous experts on marine affairs and the law of the sea. The first volume was issued by the same publisher, Martinus Nijhoff/Brill, in the spring of 2010: Law, Technology and Science for Oceans in Globalisation (Davor Vidas, ed.).



Vidas, Davor and Peter Johan Schei
'The World Ocean in Globalisation: Challenges and Responses for the Antropocene Epoch'
In Davor Vidas and Peter Johan Schei (eds), The World Ocean in Globalisation. Leiden/Boston, Martinus Nijhoff Publishers/Brill, 2011, pp. 3-15.
> Download full-text version
> More information about the book at the publisher's website

This chapter provides an overview of key issues for the world ocean in globalisation. It is prompted by recent scientific findings suggesting that the Earth may be undergoing a shift from the latest known geological epoch, the Holocene, to a new one marked by the human impact - the Anthropocene, meaning that the Earth System may be leaving its stable period and facing new, uncertain prospects. This hypothesis of the Anthropocene, it is argued, should invite fundamental reflection on our current social structures, in which the relationship with the status and uses of the oceans plays a fundamental role. The oceans today are, however, impacted by many different factors that interact synergistically. As a result, the effects on marine ecosystems are continuously accelerating. A brief overview of several key issue-areas is provided: CO2, climate change and the oceans; sources and effects of marine pollution; transfer and introduction of invasive alien species; habitat destruction; poorly managed fisheries; offshore oil and gas activity; shipping and maritime transport; marine protected areas; and regional responses to global challenges in the seas surrounding Europe. Against this backdrop, it is argued that various aspects of globalisation, affecting also the use of the seas, have probably had more impact on the state of the marine environ¬ment and resources in the past several decades than all human activities have had in the entire span of prior human history. It is concluded that that our individual and common goal must be to channel scientific and technological capabilities, and policy objec¬tives and legal rules, so as to make it possible to reconcile human impacts on the Earth System with the absorbing capacity of the planet and its component elements, which we often like to call ‘resources’.



Vidas, Davor and Maja Markovcic Kostelac
'Ballast Water and Alien Species: Regulating Global Transfers and Regional Consequences'
In Davor Vidas and Peter Johan Schei (eds), The World Ocean in Globalisation. Leiden/Boston, Martinus Nijhoff Publishers/Brill, 2011, pp. 371-392.
> Download full-text version
> More information about the book at the publisher's website

Ecologists deem the alterations caused to biological diversity by the transfer and spread of alien (non-indigenous) invasive species to be one of the most serious threats to biodiversity - second in impact after habitat destruction. With the exponential growth of global trade, facilitated by maritime traffic, the spread of alien species has grown accordingly. Although maritime transport is not the sole source of the invasion, it is the major source. Unlike with the ‘traditional’ forms of marine pollution, the transfer of marine organisms is virtually irreversible, and the consequences may be permanent. Three main vessels-source vectors for the transfer of organisms have persisted: ballast water (including sediment), hull fouling, and the cargo itself. This study focuses on ballast water - in itself important for the stability and safety of the ship and thus a key component of (global) maritime traffic. First, some key features of the 2004 IMO Ballast Water Convention are briefly discussed. Thereafter, an overview of ballast-water management stand¬ards under the Convention is provided. In particular certain basic elements, particularly those relevant for the enclosed or semi-enclosed sea areas, are analysed. Finally, in view of the particular situation of some enclosed or semi-enclosed seas, aspects of measures adjusted to respond to their special needs are examined.



Vidas, Davor
'The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is Going on in the Adriatic Sea?'
In Silverburg, Sanford S. (ed), International Law: Contemporary Issues and Future Developments. Boulder (USA), Westview Press, 2011, pp. 318-361.
> For more information and orders, see Westview Press' website.
> This chapter was originally published as an article in The International Journal of Marine and Coastal Law.

In October 2003, Croatia declared an 'Ecological and Fisheries Protection Zone' in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone to European Union member states. Then, in December 2006, it decided to fully implement the Zone from 1 January 2008 – while eventually, on 13 March 2008, to again postpone the implementation on EU countries. Developments and underlying reasons in the changing jurisdictional picture in the Adriatic Sea are the subject of this chapter. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia, as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the law of the sea perspective; also relevant policy perspectives, including aspects of EU membership, are included.



Vidas, Davor
'The Anthropocene and the International Law of the Sea'
Philosophical Transactions of the Royal Society A,
Vol 369, No 1938, 2011, pp. 909-925.
> Purchase full-text version here

The current Law of the Sea provides a framework for various specific issues, but is incapable of responding adequately to the overall challenges facing humankind, now conceivably already living in the Anthropocene. The linkages between the development of the Law of the Sea and the current process towards formal recognition of an Anthropocene Epoch are two-fold. First, there is a linkage of origin. The ideological foundations of the Law of the Sea facilitated the emergence of forces that were to lead to the Industrial Revolution and, eventually, to levels of development entailing ever-greater human impacts on the Earth System. Second, there may be a renewed linkage in interaction. Geological information has prompted key developments in the Law of the Sea since the introduction of the continental shelf concept in the mid-20th century. With the formalisation of the Anthropocene Epoch, geology might again act as a trigger for new developments needed in the Law of the Sea. This article explors those two aspects of linkages and examines prospects for further development of the Law of the Sea framework, through concepts such as the responsibility for the seas, as well as related to new approaches to global sustainability such as the ‘planetary boundaries’.



Southall, Tristan, Paul Medley, Geir Hønneland, Paul MacIntyre and Martin Gill
MSC Sustainable Fisheries Certification: The Barents Sea Cod & Haddock Fisheries
Inverness (Scotland), Food Certification International, 2010. 188 pp.
> Download report.

The report provides details of the MSC assessment process for the Barents Sea Cod and Haddock trawl fishery, on behalf of Ocean Trawlers / Three Towns Capital. On completion of the assessment and scoring process, the assessment team concluded that the Barents Sea Cod and Haddock Fishery be certified according to the Marine Stewardship Council Principles and Criteria for Sustainable Fisheries.There are a number of areas in which the fishery scored well. For example: The status of the stock for both cod and haddock are excellent. The management decision rules that govern the exploitation of those stocks are, in the main, well established and robust. There is an excellent level of bilateral cooperation between Russia and Norway in the management of the shared resources of the Barents Sea. All of the key elements of an effective management system and fisheries administration are in place and, in the main, working well. Recent improvements in enforcement cooperation between Norway and Russia, and initiatives such as the NEAFC port state control rules and most recently the EU regulation on IUU fishing, all contribute to strengthening the control systems in place, which have resulted in a decrease in IUU landings of arctic cod and haddock from all fleets.



Brubaker, R. Douglas
'The Arctic - Navigational Issues under International Law of the Sea'
The Yearbook of Polar Law, Vol 2, 2010, pp. 7-114.
> For more information and orders, see here.

The chapter analyses the practice of the Arctic rim States, Canada, Russia, the U.S. Svalbard/Norway Greenland /Denmark and Iceland implementing the United Nations Law of the Sea Convention Article 234 and concludes general customary international law is governing in the Arctic exclusive economic zones (EEZ's). There is no divergent practice of other States and no persistent objection to such practice. The International Maritime Organisation's (IMO) Polar Code fits like a 'hand in a glove' with this regime since particularly the large States have long legislated, enforced and acknowledged navigational provisions in their domestic Arctic regimes, but it increases the geographic scope due to its application of 10% ice coverage. If fully implemented into the Arctic rim States' regimes it can be said to be forming customary international law regardless of being mandatory or not under the IMO. The IMO environmental and safety treaties governing globally and enjoying over 90% ratification of States with world tonnage are also maintained to form customary international law. Enforcement for the Arctic is through port State jurisdiction where entrance is made mandatory through notification and authorisation of navigation from the above custom and would also govern the Arctic high seas due to encirclement by the EEZ's that have to be transversed. It is concluded if the Arctic EEZ's and high seas are declared a MARPOL 73/78 Annex I (oil), Annex II (noxious liquid substances) and V (garbage) special area with future measures governing emissions under Annex VI, and the crucial areas involving the interests of indigenous peoples, contingency planning, search and rescue, and services are addressed, the Arctic is solidly on track towards governance with regards to navigation in the 21st century.



Jensen, Øystein
'The Barents Sea: Treaty between Norway and the Russian Federation concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean'
International Journal of Marine and Coastal Law,
Vol 26, No 1, 2011, pp. 151-168.
> Purchase the original article here or or download the post-print version here

On 15 September 2010, Norway and the Russian Federation signed the Treaty Concerning Maritime Delimitation and Cooperation in the Barents Sea and the Arctic Ocean (hereinafter the Treaty).1 The Treaty applies to Norway’s and Russia’s respective exclusive economic zones (in addition to the Fisheries Protection Zone around Svalbard) and the continental shelf within and beyond 200 nautical miles. This article puts the Treaty into context, and discusses its key features, as it pertains to delimiting the maritime boundary between Norway and Russia in the Barents Sea and the Arctic Ocean.



Vidas, Davor
'Jadransko more na putu u EU (II): Vladavina prava i hrvatski "zasticeni ekolosko-ribolovni pojas"' ('The Adriatic Sea on the Way to EU (II): Governance of Law and the Croatian "Ecological and Fisheries Protection Zone"')
Pravo & drustvo,
Vol 1, No 3, 2010, pp. 41-58. In Croatian.

This is the second in the series of two articles on contemporary issues of the Adriatic Sea prepared for the journal "Pravo & drustvo". The focus of this article is on the interests and national legislation of Italy in the Adriatic Sea, and on the involvement of EU bodies, especially the European Commission, in the issues of the maritime jurisdiction in the Adriatic Sea.



Vidas, Davor
'Jadransko more na putu u EU (1): Proglasenje ZERP-a i hrvatsko slovenski spor' ('The Adriatic Sea on the Way to EU (1): Proclamation of ZERP and the Croatian-Slovenian Dispute')
Pravo & drustvo,
Vol 1, No 2, 2010, pp. 39-58. In Croatian.

This is the first in the series of two articles on contemporary issues of the Adriatic Sea prepared for the journal "Pravo & drustvo". The focus of this article is on the proclamation of an "Ecological and Fisheries Protection Zone" by Croatia, and on the alleged relationship with the Croatian-Slovenian dispute on maritime delimitation.



Jensen, Øystein
Norway's Outer Continental Shelf Limits in the Arctic
Security Brief 4-2010. Oslo, The Norwegian Atlantic Committe, 4 p.
> Download full-text version

The note gives an overview of the process so far related to the establishment of the outer continental shelf limits in Norway's northern maritime areas. Norway's submission to the Commission on the Limits of the Continental Shelf and the recommendations adopted by the Commission are briefly presented. Some remarks are finally dedicated to the interests of other States in respect of the law of the sea with regard to disputed continental shelf areas and pending maritime delimitations.



Jensen, Øystein and Svein Vigeland Rottem
International Law and Security Policy Perspectives in Norway's Northern Sea Areas
Security Brief 3-2010. Oslo, The Norwegian Atlantic Committe, 4 p.
> Download full-text version

Some fear that new policy framework conditions for the Arctic and the interest in natural resources and unresolved jurisdictional issues may take on a military aspect. This brief article questions whether concepts like "conflict" and "a race" are in fact appropriate in connection with the developments in the High North. It is argued that we must never lose sight of the fact that many of the conditions often held to create security policy challenges in the High North are already subject to comprehensive regulation within a discipline of international law which most States see themselves best served by respecting.



Brubaker, R. Douglas and Claes Lykke Ragner
'A Review of the International Northern Sea Route Program (INSROP) – 10 Years on'
Polar Geography, Vol 33, Nos 1-2, 2010, pp. 15-38.
> Purchase article here or download post-print version here.

The objective of the International Northern Sea Route Program was to create a knowledge bank covering commercial, international shipping on Russia's Northern Sea Route (NSR). Addressed were: considerations of the natural environment, ice navigation, and ship technology; the environment; economics of shipping; and military, political, legal, and indigenous cultural issues. Conclusions included improvements in vessel designs and associated activities represented the safe course for extending navigation. Scientific evidence generally did not exist that civilian navigation had resulted in significant environmental stress; the NSR thus could plan for environmental concerns and avoid devastating impacts. It was necessary for the Russian government to include the NSR in plans for its extractive industries. There were resource commodities well-suited for creating a sustainable cargo flow, but the necessary domestic and foreign investments would have to be provided. The NSR lacked strategic and military importance and held solely civilian, commercial potential. Except for the high seas, the USA would require its commercial vessels to follow the Russian regime, including fees if not discriminatory and for services rendered. For indigenous cultures NSR effects could be both positive and negative; primary was the need to be included in creating the NSR framework and indigenous perspectives viewed and treated equally.



Jørgensen, Anne-Kristin
'Tendentsii v rossiyskom rybolovstve' ('Developments in Russian Fisheries')
EKO, No 5, 2010, pp. 58-75. In Russian.
> Download full-text version

In the course of the last decade and a half, the Russian fisheries sector has earned a reputation as being inefficient, criminalized and unreformable. Fundamental disagreements among decision makers on how the sector should be managed have frustrated all attempts to create a stable legal and institutional framework for the fisheries, despite a general consensus that stability and predictability are crucial factors if the current stagnation is to be overcome. In the chapter it is argued that the sector has been caught in a 'vicious cycle of reform': A number of major reorginazations since the early 1990s, aimed at improving the sector's performance, have instead resulted in a gradual loss of valuable expertise. Moreover, the continuous changes in the legal and institutional framework have caused business actors to focus on short-term rather than long-term gains, resulting in, inter alia, a very low investment rate and widespread poaching and overfishing. However, over the last couple of years the Russian political leadership has given increasing attention to the problems in the fisheries sector, and some progress has been made, particularly in the field of law-making.



Vidas, Davor (ed)
Law, Technology and Science for Oceans in Globalisation – IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf
Leiden/Boston, Martinus Nijhoff Publishers, 2010, 642 p.
> More information about the book at the publisher's website
> Download flyer and order form
> Access the e-book (incl. Table of Contents)
> Read related FNI news article
> Book information in MEPIELAN e-Bulletin

Thirty-four experts on marine affairs and the law of the sea, from six continents, examine the emerging challenges for our World Ocean. The accumulating consequences of human activities on the seas indicate that the Earth may already have entered a new epoch, the Anthropocene, dominated by the human impact. This volume analyses developments in the interface of law, technology and science in some central law-of-the-sea issue-areas. These are explored systematically in sections on the World Ocean in the Anthropocene epoch (Part I); combatting illegal, unreported and unregulated fishing (Part II); combatting illegal oil spills from ships (Part III); marine genetic resources and bioprospecting (Part IV); and the continental shelf beyond 200 nautical miles from the baselines (Part V).



Vidas, Davor
'Responsbility for the Seas'
In Davor Vidas (ed), Law, Technology and Science for Oceans in Globalisation – IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf. Leiden/Boston, Martinus Nijhoff Publishers, 2010, pp. 3-40.
> Download full-text version
> More information about the book at the publisher's website

This chapter discusses law of the sea perspectives today, in the light global changes impacting the Earth System, suggesting that we might have already entered a new epoch in the geological time-scale of the Earth, the Anthropocene. Firstly, the relevance and the role of geology for the development of the law of the sea since the post-Second World War period is explained. Secondly, origins for the foundations of the current law of the sea framework, especially the Mare Liberum doctrine, are analysed and the ability of a regulatory framework, built on those foundations, to respond to the current challenges resulting from human impacts on the Earth System, is inquired into. Finally, an outlook for some possible future perspectives to new approaches on rules regulating human impacts on the ocean components of the Earth System, including operative preconditions, are outlined.



Vidas, Davor
'A Note on Submissions and Preliminary Information on the Continental Shelf Beyond 200 Nautical Miles'
In Davor Vidas (ed), Law, Technology and Science for Oceans in Globalisation – IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf. Leiden/Boston, Martinus Nijhoff Publishers, 2010, pp. 423-427.
> Download full-text version
> More information about the book at the publisher's website

By 13 May 2009 deadline, many coastal states had submitted information on the limits of their continental shelves beyond 200 nautical miles to the Commission on the Limits of the Continental Shelf (CLCS). Many other coastal states had, as of that date, submitted to the CLCS their preliminary information 'indicative of' the limits of the 'outer' continental shelf. This chapter is an editorial note containing overview of those submissions and information. From the submissions (both those containing information, and those conveying preliminary information 'indicative of') by the coastal states, the 13 May 2009 deadline seems to have been taken quite seriously by those states. That is further confirmed by the dates of submissions: most were made in final few weeks or even days prior to 13 May 2009.



Jensen, Øystein
'Towards Setting the Outer Limits of the Continental Shelf in the Arctic: On the Norwegian Submission and Recommendations of the Commission'
In Davor Vidas (ed), Law, Technology and Science for Oceans in Globalisation – IUU Fishing, Oil Pollution, Bioprospecting, Outer Continental Shelf. Leiden/Boston, Martinus Nijhoff Publishers, 2010, pp. 519-538.
> Download full-text version
> More information about the book at the publisher's website

Pursuant to Article 76 of the United Nations Convention on the Law of the Sea, Norway’s submission for establishing the outer limits of the continental shelf beyond 200 nautical miles from the territorial baselines was lodged ten years after the entry into force of the Convention for Norway, on 27 November 2006.This chapter gives an overview of the process so far related to the establishment of the outer continental shelf limits in Norway’s northern maritime areas. Norway’s submission to the Commission on the Limits of the Continental Shelf and the following recommendations adopted by the Commission are briefly presented. Some remarks are finally dedicated to the interest of other States in respect of the law of the sea with regard to disputed continental shelf areas and pending maritime delimitations.



Stokke, Olav Schram
A Disaggregate Approach to International Regime Effectiveness: The Case of Barents Sea Fisheries
Doctoral dissertation, Department of Political Science, Faculty of Social Sciences, University of Oslo. Oslo, Unipub, 2010, 276 p.
> Read related FNI news release

At the core of the regime effectiveness concept is the causal claim that levels of problem solving would be significantly lower in a counterfactual situation without the regime. The disaggregate approach developed in this dr. philos. dissertation decomposes the problem addressed, the counterfactual analysis, and the empirical material in ways that make the specification and substantiation of actual, counterfactual, and optimal levels of problem solving more tractable, transparent, and comparable across regimes. Its application to the Barents Sea fisheries case indicates that two causal conditions that loom large in the literature on regime effectiveness – malignancy and collaboration – are highly important in shaping the contributions that an international regime can make, but that their effects depend crucially on other conditions. Reliable success on the cognitional aspect of resource management (forecast accuracy) depends also whether scientists incorporate ecosystem information when developing their stock forecasts, which the regime helps them in achieving, and on the severity of ecosystem disturbances. Similarly, regulatory success (adoption of measures reflecting the best available knowledge) is reliable only when malignancy is low, and even then only if the partly regime-driven state of knowledge is strong or if collaborative regulation is reinforced by urgency. Behavioral failure (substantial quota overfishing) is a reliable outcome if malignancy is high and is not counteracted by either high obligation or intensive shaming by the other party, while reliable behavioral success requires low malignancy, high determinacy and bindingness of regime rules, and strong systems for fisher-report verification. The final step in the disaggregate approach to regime effectiveness is to aggregate these partial effectiveness assessments by relating them to developments in the state of the stock.



Aasen, Pål Jakob
The Law of Maritime Delimitation and the Russian-Norwegian Maritime Boundary Dispute
FNI Report 1/2010. Lysaker, FNI, 2010, 77 p.
> Download full-text version (PDF)

This report examines the law on maritime delimitation under the Law of the Sea Convention (LOS Convention) and the maritime boundary dispute between Norway and the Russian Federation in the Barents Sea. Norway and the Russian Federation have been negotiating over the boundaries of their maritime zones in the Barents Sea since the early 1970s. They have failed to agree about the delimitation of the area, except for a relatively small area in the southernmost part of the Barents Sea through the Varanger Fjord Agreement of 1957 and the succeeding Varanger Fjord Agreement of 2007. Norway has argued for the application of a median line delimiting the boundaries, whereas the Russian Federation argues for the application of sector line, leaving a contentious zone between the opposing views of about 175,000 square kilometres. These legal positions will be investigated in light of the historical development of the law on maritime delimitation, as well as recent judgments from the International Court of Justice and other arbitral tribunals since the entering into force of the LOS Convention. In addition, the procedural obligations of Norway and the Russian Federation under the LOS Convention towards finding a solution to their maritime boundary dispute are examined.



Brubaker, R. Douglas
'Nuclear Transport along the Northern Route and Nuclear Waste Dumping in the Barents and Kara Seas'
In D.D. Caron and H.N. Scheiber (eds), The Oceans in the Nuclear Age – Legacies and Risks. Leiden, The Netherlands, Martinus Nijhoff Publishers, 2010, pp. 467-505.
> More information about the book

Focusing on the Barents and Kara Seas, the Chapter examines both nuclear transport and nuclear dumping and possible implications for biodiversity in the region. Nuclear dumping although prohibited internationally is included because of the past dumping in the region, the current lack of adequate storage space in Russia for solid nuclear waste and nuclear spent fuel and the possibility however small dumping could resume. Measurable concentrations of radio activity are already present in the waters of the region. Suggestions for more effective management strategies are the same for transport and dumping. Specific environmental measures and strategies are presented and conclusions given. Finally, the successful nuclear waste management policies in Finland bordering both Russia and the Baltic Sea are discussed briefly.



Jensen, Øystein
'Kontinentalsokkelkrav i Polhavet: alminnelig havrett eller folkerett sui generis?' ('Continental Shelf Claims in the Arctic Ocean: International Law Sui Generis?')
Lov og Rett, Vol 48, No 7, 2009, pp. 406-424. In Norwegian.
> Purchase the original article here or or download the post-print version here

This article provides a brief overview of coastal State's continental shelf claims in the Arctic Ocean, including bilateral delimitation issues and the process so far concerning the setting of fixed outer limits of the continental shelf beyond 200 nautical miles. Some historical aspects are inquired into, notably the international legal status of Arctic waters during the Third United Nations Conferences on the Law of the Sea, and its resultant, the United Nations Convention on the Law of the Sea. National legal claims to parts of the Arctic Ocean seabed are subsequently presented, while some legal-political aspects conclude that the challenges facing the Arctic coastal States today should be approached in light of international law, rather more so than attending to the general discourse would suggest.



Vidas, Davor
'Jadransko more' ('The Adriatic Sea')
Republika, Vol 65, No 5, 2009, pp. 67-80. In Croatian.
> Download entire journal

Croatia's Adriatic Sea coastline stretches over 6000 kilometres, including over 1200 islands, islets and reefs, comprising 75 per cent of length of all Adriatic Sea coastlines shared by six costal states. This makes Croatia a small country yet with a long and importantly situated coastline. There is a rising awareness and importance given to Croatia’s maritime dimension, with implications for geopolitical, historic, economic, cultural, and other aspects. On the other hand, there are today numerous challenges for marine environmental protection and sustainable use of the Adriatic marine resources. An overal assessment of Croatia's position on the Adriatic Sea is introductory presented. Thereafter, a special focus is laid on some aspects of new developments, as related to delimitation disputes in the Adriatic Sea, in particular the most imminent one, i.e., the maritime delimitation dispute between Slovenia and Croatia. The question that persists on the overall Adraitic plane is how to secure sound marine environment protection and resource management measures, along with the likely continuation of the existing, and the emergence of new delimitation disputes.



Vidas, Davor
'The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is Going on in the Adriatic Sea?'
The International Journal of Marine and Coastal Law, Vol 24, No 1, 2009, pp. 1-66.
> Purchase the original article here or download the preliminary version (published as FNI Report 12/2008)

In October 2003, Croatia declared an 'Ecological and Fisheries Protection Zone' in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone to European Union member states. Then, in December 2006, it decided to fully implement the Zone from 1 January 2008 - while eventually, on 13 March 2008, to again postpone the implementation on EU countries. Developments and underlying reasons in the changing jurisdictional picture in the Adriatic Sea are the subject of this article. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia, as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the law of the sea perspective; also relevant policy perspectives, including aspects of EU membership, are included.



Vidas, Davor
Hrvatsko-slovensko razgranicenje ('Croatian-Slovenian Delimitation')
Zagreb, Skolska knjiga, 2009, 75 p. In Croatian.
> For more information and orders, contact Skolska Knjiga

This book consists of 14 essays explaining the international law substance, procedural legal aspects as well as international and domestic policy contexts of the Croatian-Slovenian maritime delimitation dispute, which has been an open, and increasingly acute matter in the relations between the two countries for the past 18 years. A review of the selected issues that have emerged, especially in the period since 2003, has been undertaken, including the proclamations of zones of sovereign rights and jurisdictions of the two countries, general agreements and obstacles to their implementation, and implications of EU documents and EU-related regional policy developments for the delimitation dispute. Special focus of the analysis has been paid to the Slovenian-claimed "right to direct territorial exit to the high seas" in the light of both international law as contained in the UN Convention on the Law of the Sea and in respect of practical regulations for international navigation adopted, such as by the International Maritime Organisation.



Hønneland, Geir
'Framtiden for fisken i Barentshavet – norsk-russisk politikk i kulissene' ('The Future of the Barents Sea Fish – Norwegian-Russian Politics behind the Scenes')
In P2-akademiet, Vol XXXX. Oslo, Transit, 2008, pp. 30-39. In Norwegian.

The Barents Sea fisheries are managed bilaterally by Norway and Russia. The Joint Norwegian-Russian Fisheries Commission sets quotas for the most important fish stocks in the area which are allocated according to a standard formula. The collaboration between the two countries generally functions well, but has since the late 1990s been plagued by disparity between scientific recommendations and established quotas, and Norwegian claims of Russian overfishing. The author discusses various explanations of this possible overfishing, focusing on developments in the Russian fishery sector after the fall of Communism.



Gulbrandsen, Lars H.
'The Emergence and Effectiveness of the Marine Stewardship Council'
Marine Policy, Vol 33, No 4, 2009, pp. 654-660.
> Download full-text post-print version (PDF) or buy the original article here

This article examines the influence of patterns of emergence on the effectiveness of the Marine Stewardship Council -- a leading wild-capture fisheries certification program. Looking first at the origins and features of this program, direct effects are examined by describing the adoption of the scheme and the impacts of the fishery assessment process. In assessing broader consequences, the article examines patterns of adoption and certification effects that were not necessarily intended or anticipated. The article concludes that fisheries certification alone is unlikely to arrest the decline of fish stocks, and highlights the need for more research on the intersection of private and public efforts to address overfishing and environmental harm resulting from fishing.



Jensen, Øystein
'Kontinentalsokkelens avgrensning utenfor 200 nautiske mil: Norske og russiske perspektiver i de nordlige havområder' ('Continental Shelf Delimitation Beyond 200 Nautical Miles: Norwegian and Russian Perspectives in the High North')
Internasjonal Politikk, Vol 66, No 4, 2008, pp. 563-589. In Norwegian.
> Download full-text PDF version (provided by NUPI)

This article makes a beginning at considering one imminent legal issue emerging on the horizon of the Arctic coastal States: The implementation of the framework of international law providing for the drawing of maritime limits and the delimitation of the continental shelf that extends beyond 200 nautical miles from the territorial baselines. Specific focus is Article 76 of the United Nations Convention on the Law of the Sea and problems concerning its legal interpretation. The relationship of Article 76 to unresolved law of the sea issues in the northern maritime areas of Norway and Russia is briefly examined. The Article also incorporates a legal-political perspective of how Norway and its Arctic neighbours best can use proper methods of regulation in order to meet new challenges in the High North and, perhaps more importantly, to avoid conflict over maritime areas.



Vidas, Davor
The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea?
FNI Report 12/2008. Lysaker, FNI, 2008, 66 p.
> Download full-text version (PDF)

In October 2003, Croatia declared an "Ecological and Fisheries Protection Zone" in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone for the European Union (EU) Member States. Then, in December 2006 it decided to implement the Zone fully from 1 January 2008 - only to discontinue its application to EU countries from 15 March 2008. The developments and underlying reasons for the changing jurisdictional picture in the Adriatic Sea are the subject of this paper. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the perspective of the law of the sea. Relevant policy perspectives, including aspects of EU membership, are included.



Stokke, Olav Schram
'Trade Measures and the Combat of IUU Fishing: Institutional Interplay and Effective Governance in the Northeast Atlantic'
Marine Policy, Vol 33, 2009, pp. 339-349.
> Download full-text post-print version (PDF) or buy the original article here

The use of trade measures to combat illegal, unreported and unregulated (IUU) fishing in the Northeast Atlantic has evolved from unilateral denial of the landing of fish taken outside international quota arrangements to a multilateral Scheme of Control and Enforcement under the North-East Atlantic Fisheries Commission (NEAFC). International trade rules have not constrained this development, mostly due to successful management of the interplay between international resource management and trade regimes. States protect resource management objectives from such constraint by inserting clauses that establish a normative hierarchy, or they employ various means for adapting IUU measures to the ‘environmental window’ of the global trade regime. The fact that regional states have introduced trade restrictions only when non-restrictive or less restrictive measures have failed enhances such compatibility, as do the gradual shift from unilateral to multilateral measures and the rise in transparency, openness and target-state involvement. None of those features reduces the effectiveness of regional trade measures; they minimize tension with trade commitments and largely strengthen their clout in the struggle to combat IUU fishing in the Northeast Atlantic.



Skjærseth, Jon Birger
'Forurensning av Nordsjøen: Internasjonalt samarbeid og nasjonale tiltak' ('Pollution of the North Sea: International Cooperations and National Policy')
In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 105-119. In Norwegian.
> For orders and more information, see Fagbokforlaget's website

From the mid-1970s to the mid-1980s, the international cooperation aimed at reducing pollution in the North Sea and the wider Northeast Atlantic did not work well. Emissions of polluting substances increased and there were growing indications that specific parts of the North Sea were becoming severely polluted. Land-based discharges, dumping of hazardous substances, releases from off-shore oil installations and atmospheric depositions were among the major sources. At the second North Sea Conference in 1987, the environmental ministers from the eight North Sea states agreed to change the negative development. The North Sea conferences adopted a number of new and ambitious international targets that have affected international and national marine policy. This chapter analyses the reasons for the breakthrough in 1987 and the consequences for the international cooperation on the marine environment and Norway.



Jensen, Øystein
'Havrett – vern og bevaring av det marine miljø' ('The Law of the Sea – Protection and Preservation of the Marine Environment')
In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 89-102. In Norwegian.
> For orders and more information, see Fagbokforlaget's website

The awareness of the international community of the increasing risks connected with the modern uses of the sea and the conviction of the common responsibility for the protection and preservation of the marine environment has led to the imposition of more stringent rules and the development of new concepts with respect to the enforcement of environmental standards established by international conventions and also of recommended practices and procedures by international organizations. This chapter focuses on the most important feature of this development under the general body of public nternational law: the rules and principles established by the The United Nations Convention on the Law of the Sea. International law relating to the preservation and protection of the marine environment have been adopted for establishing uniform rules and this chapter concentrates on the main lines of the development which have formed and continue to influence the existing law of the sea in this respect.



Stokke, Olav Schram
'Internasjonal fiskeripolitikk: Fra bærekraft til føre var' ('International Fisheries Politics: From Sustainability to Precaution')
In Andresen, Steinar, Elin Lerum Boasson and Geir Hønneland (eds): Internasjonal miljøpolitikk ('International Environmental Politics'). Bergen, Fagbokforlaget, 2008, pp. 121-132. In Norwegian.
> For orders and more information, see Fagbokforlaget's website

This master-level textbook chapter first pinpoints the basic problem international fisheries institutions set out to solve: balancing legitimate goals on the use, conservation and allocation of scarce common-pools resources. Rapid technical advances in decades after World War II generated overcapacity and resource decline or collapse in many fisheries world wide. Responding to these challenges, states set up regional management regimes and clarified global rules on the division of competence between coastal states, flag states and port states. Under those institutions, scientific advisory bodies struggle to compile and analyze data; political bodies struggle to agree on adequate measures; while monitoring and enforcement suffer from a predominant reliance on flag state measures. Port measures involving restrictions on landing and transhipment is a promising recent trend. Norway are among the clear winners of the post-war changes in the global fisheries regime and international cooperation has shaped important parts of Norway’s practice, including with respect to the precautionary and ecosystem approaches to management.



The World Ocean in Globalization: Challenges for Marine Regions. Compendium of Summaries.
Lysaker, FNI, 2008, 200 p.
> Download full-text version (PDF)

This publication contains summaries of most papers presented at FNI's "The World Ocean in Globalization: Challenges for Marine Regions" conference in Oslo 21-23 August 2008. The summaries are grouped in panels:
   Panel 1: Sustainability of fisheries on the high seas
   Panel 2: Eurasia and global maritime transport
   Panel 3: Climate change: Future of sustainable harvesting of marine living resources?
   Panel 4: Global and regional interface: IUU fishing – the FAO and RFMOs
   Panel 5: Global and regional interface: The IMO and regional cooperation
   Panel 6: EU: Policy and regulatory responses to global challenges
   Panel 7: Contemporary issues for semi-enclosed seas surrounding Europe
   Panel 8: Effectively combatting IUU fishing: Interaction of technology and law
   Panel 9: Marine genetic resources and bioprospecting
   Panel 10: Towards eliminating illegal operational oil spills from ships: Interaction of technology and law
   Panel 11: Continental shelf beyond 200 miles

> Conference website



Andresen, Steinar
'The Volatile Nature of the International Whaling Commission: Power, Institutions and Norms'
In Scheter, M., N. Leonard and W. Taylor (eds): International Governance of Fisheries Ecosytems: Learning from the Past, Finding Solutions for the Future. Bethesda, Maryland, USA, American Fisheries Society, 2008, pp. 173-189.

The International Whaling Commission (IWC) is one of the international organizations that have underwent the most profound changes over time. It started out as a whaling club, completely dominated by the whalng nations ifrom its start in 1948 and until the early 1960s. In the late 1960s and early 70s a more balanced and cautious management approach was chosen. From the end of the 1970s until the mid 1990s it was turned into a protectionist body with no commercial whaling. During the last decade, however, the pro-whaling forces are again on the rise and the number of pro-whaling and anti-whaling members are about the same. Institutional set-up, normes and power have all been important in explaining these shifts. For example, power was crucial in explaining the dominant role of the whaling nations initially, but also in explaining the shiift to a protectionist body. However, this had not been possible without the changing norms on the virtue of whaling outside the IWC. Presently, no uniform norm exists on this issue and this explains in part the current stalemate. Institutional set up has been important for example by allowing for a strong and direct participation by green NGOs.



Hønneland, Geir
'Fisheries Inspection and Enforcement - An Introduction'
In Skogrand, Kjetil (ed): Emerging from the Frost: Security in the 21st Century Arctic. Oslo Files on Defence and Security No 2, 2008, pp. 57-62.

The issue of fisheries inspection and enforcement can be approached from various angles. From a legal point of view, one may ask about the legal basis for inspections and other enforcement measures in a certain ocean area. At the practical level, one may ask how inspections best can be performed to detect any violations of fisheries regulations. Here, the concept of enforcement is closely linked to that of compliance. The ultimate question is: How can we make fishermen comply with the law? What other mechanisms are at work, and what has to be left to enforcement measures? The chapter first gives a brief overview of how compliance can be understood from a social science point of view, focusing on coercive and discursive compliance mechanisms. Then some reflections about compliance in the Barents Sea fisheries are provided.



Jensen, Øystein
'Arctic Shipping Guidelines: Towards a Legal Regime for Navigation Safety and Environmental Protection?'
Polar Record, Vol 44, No 2, 2008, pp. 107-114.
> Download full-text version (PDF) or access it here on the website of the copyright holder Cambridge University Press (subscribers only)

This article reviews one central legal issue re-emerging in the Arctic: Global regulation of safety standards for international shipping. The 'Guidelines for Ships Operating in Arctic Ice-covered Waters' are examined, with a view to the probable expansion of shipping in the Arctic in near future. Following an introduction to navigational issues within the Arctic context, the article describes how the Guidelines came into being, and then analyses key elements and structure of the regulations and shortfalls of today's arrangement. The possible relevance of the Guidelines for the Antarctic is also discussed briefly. Finally, the article inquires into the key repercussions of introducing binding regulations.



Stokke, Olav Schram
'Internasjonale utfordringer for marine ressurser' ('International Challenges Concerning Marine Resources')
In Globale Norge: Hva nå? Norske miljø- og ressursinteresser i en globalisert verden ('Global Norway: What Now? Norwegian Environmental and Resource Interests in a Globalized World'). Oslo, Norwegian Ministry of Foreign Affairs, 2007, pp. 49-58. In Norwegian.
> Read the chapter at the Ministry of Foreign Affairs' website

This book chapter contributes to a Ministry of Foreign Affairs project that aims to take a fresh look at Norwegian interests in an increasingly globalized world. The focus here rests on management of marine resources, and the chapter reviews challenges to Norway’s foreign policy positions and interests concerning politicization of international scientific advice, mapping and evaluation of marine genetic resources, environmental standards for petroleum activities in the Arctic, institutional interplay between preservation and resource management regimes, growing transparency and openness in international management fora, trends towards privatization of environmental governance, the combat of illegal, unregulated and unreported (IUU) fishing and the balancing of 'hard' and 'soft' power in management of marine resources around Svalbard.



Hønneland, Geir
Bor'ba za kvoty i solidarnost' pribrezhnykh gosudarstv: 30-letnyaya istoriya rossiysko-norvezhskogo sotrudnichestva v oblasti upravlenia rybolovstvom ('Quota Battle and Coastal State Solidarity: Norwegian-Russian Fisheries Management through 30 Years')
Murmansk, PINRO Press, 2007, 188 p. In Russian.

Since the mid-1970, Norway and the Soviet Union/Russia have jointly managed the most important fish stocks of the Barents Sea. The main institutional arena for this bilateral cooperation has been the Joint Norwegian-Soviet/Russian Fisheries Commission, which assembled for the first time in 1976. Quotas, fish size and mesh size were the main issues on the Commission's agenda throughout the Soviet period. After the end of the Cold War, enforcement was included, and lately focus has shifted towards long-term, precautionary management strategies for the Barents Sea fish stocks. Sessions in the Commission have developed from intimate two-state negotiations to large-scale conferences. The Commission is today one of the most important meeting points between Norway and Russia in the North. The books provides an overview of the Commission's work throughout 30 years. In addition to chronological chapters about which themes have dominated this work at different times, the book contains chapters about quota establishement and quota exchange, relations to the law of the sea and fisheries management in light of the more overarching political picture in the European north.

The book is a translation of the Norwegian original 'Kvotekamp og kyststatssolidaritet: Norsk-russisk fiskeriforvaltning gjennom 30 år'.



Ragner, Claes Lykke
'Den norra sjövägen' ('The Northern Sea Route')
In Hallberg, Torsten (ed), Barents – ett gränsland i Norden ('The Barents – A Nordic Borderland'). Stockholm, Arena Norden, 2008, pp. 114-127. In Swedish.
> Download chapter in Swedish here. English translation available here.
> For more information and orders, contact the Norden Association

This chapter provides an updated overview of the history, recent developments, current status and future prospects for shipping on the Northern Sea Route. Ice conditions along the route has become lighter in recent years, probably due to global climate change, and gradually increasing commercial utilization of the Northern Sea Route and the Arctic seems probable. However, even with accelerating climate change, large-scale commercial shipping is not likely to become a realistic option for the Northern Sea Route in several decades to come, even in the 'best' of cases. The main reasons for this are that winter ice conditions will still remain too harsh for year-round operations, that there are severe restrictions on vessel size, and that Russia's NSR infrastructure and shipping regime do not fulfil international operational and commercial requirements. However, in a very long term, large-scale shipping in the Arctic does seem inevitable, and nations should strengthen their efforts to get in place a regional shipping regime suitable for safeguarding the Arctic environment.



Vidas, Davor
Zastita Jadrana ('Protecting the Adriatic Sea')
Zagreb, Skolska knjiga, 2007, 274 p. In Croatian.
> Read related FNI news release
> For more information and orders, contact Skolska Knjiga
> Read book review in Slobodna Dalmacija (in Croatian)
> Read book review in Lider (in Croatian)
> Read book review in Glas Koncila (in Croatian)
> Read book review in Vjesnik (in Croatian) (2nd page here)
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Issues of marine environmental protection and sustainable use of marine resources have in recent years received serious attention in public debate in Croatia. With its long, rugged coastline, Croatia owns around 75% of the entire Adriatic coastline. The country’s important tourist industry is based largely on the preserved and clean marine environment of that marine and coastal area. At the same time, major challenges for the Adriatic Sea marine environment and biodiversity are on the horizon. Some of those relate to the restructuring of energy flows in Euroasia, and the future role of the Adriatic Sea where new maritime transport routes are planned, also for oil and gas. Furthermore, control over Adriatic Sea fisheries, and the need for conservation and management measures, is also a pressing issue. Moreover, unresolved marine delimitation issues have emerged in the Adriatic Sea, partly as a consequence of the dissolution of former Yugoslavia. Along with those and other complex questions, Croatia is on its way to EU membership, where careful balances between national sovereignty and common policies’ sphere will need to be made.

The key question for Croatia with respect to the Adriatic Sea today is: How to make the strategic choices and facilitate development, while at the same time preserve the unique marine environment and valuable resources of the marine and coastal area? And how, in that context, to strike the right balance between national regulation, regional cooperation and global regulatory frameworks in the Adriatic Sea area? This book analyses those questions through 33 essays divided into five parts, elaborating on: (1) Strategic and institutional requirements for Croatia’s Adriatic Sea policy; (2) The status of the Adriatic Sea and Croatia in the emerging oil transportation projects; (3) The need for regional cooperation towards designation of the Adriatic Sea as a Particularly Sensitive Sea Area; (4) Issues of the exclusive economic zone in the Adriatic Sea; and (5) The Adriatic Sea marine delimitation disputes, such as between Croatia and Slovenia.



Stokke, Olav Schram
'A Legal Regime for the Arctic? Interplay with the Law of the Sea Convention'
Marine Policy, Vol 31, No 4, 2007, pp. 402-408.
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The Law of the Sea Convention constrains regional environmental regimes, especially with respect to navigation beyond the territorial sea. Existing soft-law institutions, notably the Arctic Council, have already strengthened environmental governance in the region by
(1) improving the knowledge base;
(2) preparing practical guidance on risk reduction;
(3) highlighting in broader regulatory fora the Arctic dimension of problems like long-range transported hazardous compounds; and
(4) supporting the capacity of Arctic states to implement existing commitments.

None of those functions would be much enhanced by a legally binding Arctic environmental regime. The political impediments to reaching circumpolar agreement on a single comprehensive legal regime would suggest a flexible approach to norm-building that seeks productive interplay with existing institutions.



Jensen, Øystein
The IMO Guidelines for Ships Operating in Arctic Ice-Covered Waters: From Voluntary to Mandatory Tool for Navigation Safety and Environmental Protection?
FNI Report 2/2007. Lysaker, FNI, 2007, 32 p.
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This report explores whether there is a need for strengthened and binding shipping regulations for the safety of navigation and protection of the Arctic marine environment. The various maritime, geopolitical and legal issues raised by the IMO Guidelines for Ships Operating in Arctic Ice-covered Waters are analyzed and discussed. Following an introduction of navigational and legal issues within the Arctic context, the report explores key elements and structure of the Arctic Guidelines, the roles of the governments, the IMO and classification societies in the lawmaking process and any shortfalls of the current arrangement. The possible relevance for the Antarctic is also discussed. The key repercussions of a binding legal regime are then presented, while a separate section is devoted to recommendations on the subject.



Vidas, Davor (ed)
Protecting the Polar Marine Environment. Law and Policy for Pollution Prevention. Paperback edition.
Cambridge, Cambridge University Press, 2007, 276 p.
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How can we best protect the polar marine environment against pollution? In this volume, leading scholars on environmental law, the law of the sea, and Arctic and Antarctic affairs examine this important question. To what extent do existing global instruments of environmental protection apply to the Arctic Ocean and the Southern Ocean? Can the arrangements adopted at regional, sub-regional and national levels provide adequate protection? This book examines and compares various levels of regulation in protecting the marine environment of the Arctic and Antarctic, with specific attention to land-based activities, radioactive waste dumping, and shipping in ice-covered waters. Developments since the establishment of the Arctic Council in 1996 and the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998 are also discussed.



Vidas, Davor
'United Nations Convention on the Law of the Sea'
In Riffenburgh, Beau (ed), Encyclopedia of the Antarctic. New York, Routledge, 2007, pp. 1017-1018.

This contribution to the Encyclopedia of the Antarctic briefly explains the key aspects of the 1982 United Nations Convention on the Law of the Sea: origins, negotiation, adoption, entry into force, as well as main provisions of the Convention. Thereupon, aspects of the Convention are related to the special situation of the Southern Ocean area where the Antarctic Treaty System applies, and a delicate ballance of positions of sovereignty claimants and non-claimants is established.



Vidas, Davor
'Protecting the European Seas as Particularly Sensitive Sea Areas: The Need for Regional Cooperation in the Adriatic Sea'
In Ott, K. (ed), Croatian Accession to the European Union, Vol 4. Zagreb, Institute of Public Finance/Friedrich Ebert Stiftung, 2006.

The article discusses the need for the designation by the International Maritime Organization, of the Adriatic Sea as a Particularly Sensitive Sea Area. The rationale for this inheres in the special features of the Adriatic Sea area, while the policy context has been set by the trend of European Union countries to advocate the proclamation of PSSA in marine areas surrounding Europe. Firstly, the PSSA concept is briefly reviewed and the current status of designations assessed. Secondly, the emerging policy of the EU towards PSSA proclamations is focused on and pressing reasons such as tanker accidents are highlighted; some background factors, such as the restructuring of oil transportation flows in Eurasia are commented upon. Thirdly, key features of the Adriatic Sea as corresponding to the criteria for the designation of PSSA are explained, including the basic characteristics of the area, status and trends of international navigation here, and present and potential associated protective measures to address the risks. Also, the Croatian initiative towards regional cooperation on an Adriatic PSSA is briefly presented. And finally, some conclusions on prospects for regional cooperation towards a PSSA in the Adriatic Sea are made, considering contrasts and commonality in that area.



Vidas, Davor
'O zastiti europskih mora kao osobito osjetljivih morskih podrucja i potrebi regionalne suradnje u Jadranskome moru' ('Particularly Sensitive Sea Areas: The Need for Regional Cooperation in the Adriatic Sea')
In Ott, K. (ed), Pridruzivanje Hrvatske Europskoj uniji: izazovi sudjelovanja, Vol 4. Zagreb, Institut za javne financije/Zaklada Friedrich Ebert, 2006, pp. 333-371. In Croatian.

This article, published in Croatian language, discusses the need for the designation by the International Maritime Organization, of the Adriatic Sea as a Particularly Sensitive Sea Area. The rationale for this inheres in the special features of the Adriatic Sea area, while the policy context has been set by the trend of European Union countries to advocate the proclamation of PSSA in marine areas surrounding Europe. Firstly, the PSSA concept is briefly reviewed and the current status of designations assessed. Secondly, the emerging policy of the EU towards PSSA proclamations is focused on and pressing reasons such as tanker accidents are highlighted; some background factors, such as the restructuring of oil transportation flows in Eurasia are commented upon. Thirdly, key features of the Adriatic Sea as corresponding to the criteria for the designation of PSSA are explained, including the basic characteristics of the area, status and trends of international navigation here, and present and potential associated protective measures to address the risks. Also, the Croatian initiative towards regional cooperation on an Adriatic PSSA is briefly presented. And finally, some conclusions on prospects for regional cooperation towards a PSSA in the Adriatic Sea are made, considering contrasts and commonality in that area.



Hønneland, Geir
Kvotekamp og kyststatssolidaritet: Norsk-russisk fiskeriforvaltning gjennom 30 år ('Quota Battles and Coast State Solidarity: 30 Years of Norwegian-Russian Fishery Management')
Bergen, Fagbokforlaget, 2006, 152 p. In Norwegian.
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Since the mid-1970, Norway and the Soviet Union/Russia have jointly managed the most important fish stocks of the Barents Sea. The main institutional arena for this bilateral cooperation has been the Joint Norwegian-Soviet/Russian Fisheries Commission, which assembled for the first time in 1976. Quotas, fish size and mesh size were the main issues on the Commission's agenda throughout the Soviet period. After the end of the Cold War, enforcement was included, and lately focus has shifted towards long-term, precautionary management strategies for the Barents Sea fish stocks. Sessions in the Commission have developed from intimate two-state negotiations to large-scale conferences. The Commission is today one of the most important meeting points between Norway and Russia in the North. The books provides an overview of the Commission's work throughout 30 years. In addition to chronological chapters about which themes have dominated this work at different times, the book contains chapters about quota establishement and quota exchange, relations to the law of the sea and fisheries management in light of the more overarching political picture in the European north.

This book has also been translated into Russian 'Bor'ba za kvoty i solidarnost' pribrezhnykh gosudarstv: 30-letnaya istoriya rossiysko-norvezhskogo sotrudnichestva v oblasti upravlenia rybolovstvom'.



Schei, Peter Johan and R. Douglas Brubaker,
'Suggestions for a Conceptual Design of an Okhotsk Sea Environmental Regime – Comparison with the Barents Sea'
In Kitagawa, Hiromitsu (ed), New Era in Far East Russia & Asia. Tokyo, Ocean Policy Research Foundation (Ship & Ocean Foundation), 2006, pp. 259-276.
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More information is needed, but certain marine areas in the Okhotsk Sea already may be indicated possibly needing special environmental coverage related to international shipping and oil platforms due to their sensitivity. Special coverage from the effects of international shipping Russia and Japan may accomplish through attempting to designate various of these areas as PSSA’s through the IMO. Or Russia and Japan may decide to utilise traditional measures for discharges and sea lanes including under MARPOL 73/78 and SOLAS Re.V/10 and IMO Assembly Resolution A.572(14). A third alternative considered by Norway which may be evaluated is to rely both on PSSA for sensitive marine areas and traditional measures in areas surrounding or in the PSSA. Norway is implementing strict measures under OSPAR for oil platforms in the Barents sea, and Russia could do the same in both the Okhotsk sea and the Barents Sea.



Schei, Peter Johan and R. Douglas Brubaker,
'Developments in Environmental Protection – the Barents Sea and European Union Waters'
In Kitagawa, Hiromitsu (ed), New Era in Far East Russia & Asia. Tokyo, Ocean Policy Research Foundation (Ship & Ocean Foundation), 2006, pp. 243-258.
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Negotiation between actors for all the conflicting interests present is likely the only realistic solution for future management of the Barents Sea and European waters wherein a balance is hoped achieved. These include for the Barents Sea Arctic security, including Norwegian, U.S., Russian and E.U. interests; economic, trade and shipping interests including possibly nuclear; oil and gas interests; indigenous interests; environmental, biodiversity and fishing interests in all forms; and northern area political interests. For the E.U. the interests are much the same, but additionally probably directed in all directions. Because many of these are powerful interests, the chances for success are probably high, if all will listen to each other and find a middle ground.



Skjærseth, Jon Birger,
'Protecting the Northeast Atlantic: One problem, Three Institutions'
In Oberthür, Sebastian and Thomas Gehring (eds), Institutional Interaction in Global Environmental Governance - Synergy and Conflict among International and EU Policies. Cambridge (MA), MIT Press, 2006, pp. 103-127.

This chapter examines the interplay between numerous international instruments affecting marine pollution control in the North Sea and the wider Northeast Atlantic. In addition to instruments specifically targeting marine pollution, these include the Montreal Protocol on ozone depleting substances, the UN Framework Convention on Climate Change and the Kyoto Protocol, the Convention on Long-Range Transboundary Air Pollution and a number of EU directives. The main conclusion is that these institutions mainly facilitate implementation of marine pollution control objectives.



Stokke, Olav Schram and Clare Coffey
'Institutional Interplay and Responsible Fisheries: Combating Subsidies, Developing Precaution'
In Oberthür, Sebastian and Thomas Gehring (eds), Institutional Interaction in Global Environmental Governance - Synergy and Conflict among International and EU Policies.Cambridge (MA), MIT Press, 2006, pp. 127-150.

This chapter examines three sets of cases where the global fisheries regime has influenced problem-solving activities under other institutions, specifically WTO regulation of fisheries subsidies, ICES’ provision of scientific advice, and regulatory decision-making under the EU Common Fisheries Policy (CFP). In the subsidies case, provisions of the fisheries regime relating to subsidies are non-binding and backed up by weaker compliance mechanisms than those of the target regime, the WTO. The fisheries regime has raised awareness of participants in the trade regime to fisheries subsidies and lent credibility to a negative framing that highlights threats to sustainability and development rather than the positive impacts that fisheries subsidies may have. The precautionary cases also display institutional interaction by commitment: the new binding commitments of the global fisheries regime have enhanced the compelling force of precautionary procedures in ICES and, subsequently, the EU CFP resulting in modified scientific advice and more precautionary regulation of fisheries supported by supranational enforcement. The overall effects of the cases of interaction examined here have been synergetic, though not always overwhelmingly so. With regard to fisheries subsidies, the global fisheries regime helped place this issue on the agenda of the new round of WTO negotiation, but it is yet unclear whether rules will actually be changed in a way that will address over-capacity in the fisheries sector. Similarly, the precautionary provisions of the Fish Stocks Agreement strengthened the hand of those within ICES and subsequently EU fisheries bodies who favored greater safety margins, long-term planning, and pre-agreement on recovery plans for endangered stocks. The actual impacts on management are unclear, partly because precautionary advice has only recently been accompanied by regulatory decision-making in favor of long-term and precautionary management. Most of the response has occurred within the respective regimes, while active inter-institutional coordination has played only a moderate part.



Skjærseth, Jon Birger
'Protecting the North-East Atlantic: Enhancing Synergies by Institutional Interplay'
Marine Policy, Vol 30, No 2, 2006, pp. 157-166.
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This article examines the interplay between three different international institutions on marine pollution in the North Sea and the wider North-East Atlantic: the International North Sea Conferences, the OSPAR-Convention and preceeding conventions as well as the EU. It argues that interplay between these institutions have proved synergetic in two ways. First, the International North Sea Conferences have speeded up decision making within OSPAR and the EU by means of leadership, change in membership and institutional differences. Second, OSPAR and the EU have subsequently facilitated domestic implementation of the North Sea Conference Declarations by means of higher authoritativeness and enforcement competence. These institutions have fulfill different functions all of which are needed to make international environmental cooperation effective.



Jensen, Øystein
Coastal State Jurisdiction and Vessel Source Pollution: The International Law of the Sea Framework for Norwegian Legislation
FNI Report 3/2006. Lysaker, FNI, 2006, 47 p.
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The main objective of this report is the current geographical extent and scope of Norway’s right to regulate vessel source pollution under international law and relevant Norwegian legislation. The law of the sea recognises the freedom of navigation, yet limits in varying degrees the operation of vessels in the maritime areas of a coastal State. This report portrays the aim under international law at reconciling the opposing interests of the flag State and the coastal State. It analyses Norwegian jurisdiction over vessel source pollution in ports and internal waters, the territorial sea and the exclusive economic zone. A separate part is devoted to coastal State jurisdiction with regard to maritime casualties and special areas.

In the assessment of the existing legal regime, the United Nations Convention on the Law of the Sea Part XII is the point of departure. Where necessary, account is taken of the impact of regulatory conventions and the important role of the International Maritime Organization.



Henriksen, Tore, Geir Hønneland and Are Sydnes
Law and Politics in Ocean Governance: The UN Fish Stocks Agreement and Regional Fisheries Management Regimes
Leiden/Boston, Martinus Nijhoff Publishers/Brill Academic Publishers, 2006, 226 p.
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The 1995 Fish Stocks Agreement was an effort to curb rising conflicts and unilateral actions regarding the rights and duties of States to exploit and manage straddling and highly migratory fish stocks. It broke new ground in international fisheries law in terms of incorporating new environmental principles, provisions on compliance and enforcement, and the duty of states to co-operate.

This volume explores how these commitments are acted upon by states in a selection of regional fisheries management regimes, covering fisheries from the European Arctic to the western and central Pacific Ocean. The cases chosen reflect the heterogeneity of institutional arrangements that are established at the regional level to manage straddling and highly migratory fish stocks. The authors review three established regional fisheries management regimes and two regional agreements establishing such regimes, negotiated following the 1995 Agreement.



Vidas, Davor
'The Adriatic Sea as a Particularly Sensitive Sea Area: From Initiative to Implementation'
Pre-Accession Maritime Strategy of the Republic of Croatia (CD-publication). Zagreb, Croatian Ministry of the Sea, 2005, 11 p.

This paper outlines reasons and reviews needs for the Adriatic Sea as a particularly sensitive sea area, exploring political, legal and practical aspects. An overview of expert work done so far on this subject has been provided.



Vidas, Davor and Vesna Tomljenovic
'Project "Implementation of Legal Measures for the Protection of Regional Marine Environment: The Role of Maritime Jurisdiction"'
Proceedings of the Cooperation Programme with South-Eastern Europe's Concluding Conference 24-25 May 2005. Oslo, Research Council of Norway, 2005, pp. 113-142.

This paper contains presentation of the key findings of the cooperative project between FNI and the Faculty of Law in Rijeka, Croatia, as presented at the Conference convened by the Research Council of Norway.



Vidas, Davor
'Current and Future Challenges Facing CCAMLR: The Problem of IUU Fishing'
CCAMLR Symposium 5-8 April 2005, Valdivia, Chile: Symposium Presentations and Papers, Volume 2. Hobart (Australia), Australian Government, Australian Antarctic Division, 2005, 7 p.

This paper reviews problems faced by the CCAMLR in dealing with IUU fishing issues in the Southern Ocean, and places these into a wider framework of global high seas IUU fishing problem, and measures available for deterring it.



Stepanov, Igor V., Peter Ørebech and R. Douglas Brubaker
Legal Implications for the Russian Northern Sea Route and Westward in the Barents Sea
FNI Report 4/2005. Lysaker, FNI, 2005, 120 p.
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Norway is implementing strict environmental measures for the Barents Sea governing vessels carrying Russian hydrocarbons westward to Europe and the US. Although it is too early to say, the EU and US coastal environmental regimes may also have an effect on the hydrocarbon vessel traffic in the Barents Sea, including port entry requirements in both of these federations for such vessels. In spite of probable Russian membership in World Trade Organisation (WTO) within the near future, the General Agreement on Trade in Services (GATS) regime governing shipping is still under formation and some years will elapse before definite guidelines appear. The EU ‘effects doctrine’ is not a remote wish but rather a firm characteristic indicating the EU legal position. The EU Commission Competition Directorate has drawn similar conclusions during recent years. Russian or third-country vessels owned by companies controlled by non-EU nationals are however beyond the competition law jurisdiction of the EU, and it would not be expected that any justification of the 1986 Regulation would bring any changes. In this respect, the EU trade in shipping acquis, with the exception of charter parties that are covered by the Liners Conferences Agreements, does not receive the same harsh criticism addressed to the similar US legislation listed in the 1996 Blocking Statute.



Hønneland, Geir
'Towards a Precautionary Fisheries Management in Russia?'
Ocean and Coastal Management, Vol 48, Nos 7-8, 2005, pp. 619-631.

The article recounts major developments in the Russian system for fisheries management since the break-up of the Soviet Union and evaluates the system according to the criteria put forward by the precautionary approach to fisheries management. The approach has not been incorporated into Russian fisheries law, and post-Soviet Russian fisheries management has been troubled by incomplete legislation, institutional conflict and rumors of corruption. On the positive side, it is well-equipped in terms of technical and scientific competence and has the flexibility for prompt redeployment of monitoring and enforcement resources.



Hønneland, Geir
'Fisheries Management in Post-Soviet Russia: Legislation, Principles, and Structure'
Ocean Development and International Law, Vol 36, No 2, 2005, pp. 187-202.

The article reviews legislation, principles and structure of Russian fisheries management after the break-up of the Soviet Union. The elaboration of Russian fisheries legislation has been slow and fumbling, and the structure of fisheries management in flux. One reason is the ideological gap between federal bodies of governance involved in the regulation of fisheries. The State Committee for Fisheries defended ‘traditional’ fishery complex values, such as continued supplies of fish to Russian ports, while others were more concerned with revenues to the state budget. A reorganization in 2004 split the Committee into three agencies under the Ministry of Agriculture.



Hønneland, Geir
'Fisheries Management in the Russian Federation'
In Ebbin, S., A. H. Hoel and A. K. Sydnes (eds), A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources. Dordrecht, Springer, 2005, pp. 49-63.

The Russian Federation is one of the world's most important fisheries nations, with considerable catches both within the country's exclusive economic zone (EEZ) and on the high seas. The chapter gives an overview of the Russian Federation's system for fisheries management and discusses the performance of the EEZ regime in a Russian context. It reviews the legislative base, formal objectives and institutional set-up of the management system. Further, it discusses to what extent recent years' practice has been in accordance with these formal requirements. Particular emphasis is on the relationship between federal and regional authorities and between various federal bodies of governance, and on their ability to regulate the fish stocks of the Russian EEZ according to established goals.



R. Douglas Brubaker
Measures Relevant for Sustainable Development and Environmental Protection - the Barents Sea and the Okhotsk Sea
FNI Report 2/2005. Lysaker, FNI, 2005, 59 p.

Certain marine areas in the Okhotsk Sea already may possibly need special environmental coverage due to their sensitivity to hydrocarbon developments. These would encompass but not be limited to grey whale habitats, productive fishing grounds, the eastern shore of Sakhalin, the Tatar Strait, and zones around offshore platforms. Specific areas may include Aniva Bay in southern Sakhalin, Molikpak, and Piltun Lagoon. Other areas may likewise come into risk through ongoing hydrocarbon developments. Russia and Japan may provide special coverage through attempting to designate various of these as PSSA's through the IMO. Russia and Japan may in the alternative decide to utilise traditional measures including under MARPOL 73/78 covering discharges and related measures, and SOLAS Re. V/10 and IMO Assembly Resolution A.572(14) covering sea lanes and related measures. The third alternative, possibly being considered by Norway for utilisation in the Barents Sea, is to rely on both the modern PSSA for sensitive marines areas, and traditional measures in areas surrounding the PSSA and 'appropriate associated measures' affiliated with the PSSA. This strategy probably facilitates administration of the PSSA and is as well politically expedient, since it allows the PSSA to remain smaller and possibly more reasonable sized with a 'buffer zone' controlling its periphery. That traditional measures are taken in part as 'appropriate associated measures' would have the benefit that they are known under law of the sea. The way appears open for Russia and Japan to do similarly.



Brubaker, R. Douglas
Oil Transportation and Environmental Protection in the Barents Sea - Russian Legal Perspectives
FNI Report 1/2005. Lysaker, FNI, 2005, 39 p.

Russia is participating in most of the environmental law of the sea regimes relevant to the Arctic. Thus, Russian perceptions related to Arctic environmental issues appear to be similar to other States. Probably what can be deduced from domestic Russian measures is the level that economics play balanced against environmental measures, which is not surprising given that Russia continues to be a poor State. At the same time, it is difficult to know what is typically perceived by States, especially large States. State practice is probably more reliable. Russia's ratifications of international treaties, official statements, proposals for amendments, domestic laws and involvement in the various international processes constitute State practice, despite Russia's rather erratic legal enforcement. State practice under international law is understood to comprise not only the enforcement of claims but may also include declarative actions. Russian non-implemented legal claims may thus be viewed as State practice and relied upon by other States. Norway in the Barents Sea may therefore likely with ease claim a reasonably sized particularly sensitive sea area (PSSA) for designation in the International Maritime Organisation (IMO), following IMO procedures, with at least one 'appropriate associated measure' and sea lanes within its exclusive economic zone a reasonable distance from land. These measures have support both under international law and Russian State practice. In addition Norway should follow developments under the Paris MOU and particularly European law, wherein tankers off the Norwegian coast might be required, extra territorially in relation to the enforcing port States, to implement higher standards. For PSSA's, the Paris MOU and Euro-pean law, problems can conceivably be expected due to financing comprehensive Russian implementation.



Andresen, Steinar
'Whaling: Peace at Home, War Abroad'
In Skjærseth, Jon Birger (ed), International Regimes and Norways' Environmental Policy. Crossfire and Coherence. Ashgate, 2004, pp. 41-65.

Norway used to be the leading whaling nation of the world with the introduction of 'modern' whaling at the end of the 19th century. As whale resources were depleted, Norwegain pelagic whaling ended around 1970s, but coastal whaling continued. Whaling belonged to the rather closed segment of fisheries. With the polarization of the issue in the 1970s, new actors entered the domestic scene, not the least the Minsistry of Foreign Affairs and the Prime Ministers office as well as the PM herself. After external pressure whaling was stopped for some years. However, after sucessful scientific and high level political strategies whaling resumed in 1993. While there was consensus on the issue domestically, Norway got little support internationally, but a tacit understanding with the US made Norway avoid sanctions. Over time understanding of the Norwegian position has incerased somewhat not the least due to issue-linkage with other fora than the IWC. There is also less attention towaads the issue today, but the majority in the Whaling Commison is still against commercial whaling.



Vidas, Davor
'IUU Fishing or IUU Operations? Some Observations on Diagnosis and Current Treatment'
In Caron, David and Harry Scheiber (eds), Bringing New Law to Oceans Water. Leiden and Boston, Martinus Nijhoff Publishers, 2004, pp. 125-144.

This article approaches the problem of illegal, unregulated and unreported (IUU) fishing by first explaining the nature of this activity and, second, by reviewing the reach of legal measures currently used to combat this activity.



Stokke, Olav Schram and Davor Vidas
'Regulating IUU Fishing or Combating IUU Operations?'
In Fish Piracy: Combating Illegal, Unreported and Unregulated Fishing. Paris, OECD, 2004, pp. 19-47.

The list of global and regional instruments developed within the sphere of the Law of the Sea to address Illegal, Unreported and Unregulated (IUU) fishing at sea is quite impressive. Nevertheless, there is a need to target the IUU operations at links where there are fewer opportunities to avoid regulation and where enforcement can be made in more cost-efficient ways. Further development of port state measures looks as a promising avenue, especially with regard to regional harmonisation and pre-entry documentation procedures that reverse the burden of proof by obliging vessels demonstrate that the catch is taken legally.

Measures that target the logistical activities of IUU operations may involve a large number of states and non-governmental actors, but there is a need to improve the generation and management of relevant information. The denial strategy, frequently in the form of 'black lists' of vessels with a history of IUU fishing and subsequently denied licensing or even port or supply access, relies upon information that is both extensive and reliable - two requirements that are sometimes difficult to combine. Due process concerns and the need for compatibility with international trade rules dictate transparency and harmonisation of the procedures that guide various denial measures, and regional fisheries management regimes are important vehicles for achieving this.

The mobilisation of non-governmental organisations, including other harvestors and environmental advocacy groups, in the generation and dissemination of information about IUU activities has been important also for exposing corporate irresponsibility on the part of individual firms and vessel-owners. When the amount and quality of information permits, this shaming strategy can be extended to those who provide necessary inputs to IUU operations. Flexible company structures and rapidly shifting ownership situations place limits of the effectiveness of such measures, but the number of IUU vessels engaged over extended periods of time in a given fisheries is usually not very high and time works in favour of the denial and shaming strategies.

Measures targeting the the third segment of IUU operations, the commodities they bring to the market, are promising also because they are somewhat less dependent upon costly monitoring and physical surveillance activities. Still, catch documentation schemes work best when other components of the monitoring and enforcement system, especially port state coordination and VMS coverage, are well advanced. The design of present schemes implies that tension with international trade rules are minimised. The use of CITES in the combat of IUU operations could in effect expand the coverage of permit-based documentation schemes based in fisheries regimes but remains politically contested by many fishing states. For their parts, ecolabelling schemes in the fisheries sector are still at a rather early stage and it is too early to pass judgement on the role they will play in the combat of IUU fishing. It is promising, however, that procedures for certification under the Marine Stewardship Council includes assessment of the level of IUU fishing and the adequacy of measures taken to combat it.



Hønneland, Geir
Russian Fisheries Management. The Precautionary Approach in Theory and Practice
Leiden and Boston, Martinus Nijhoff Publishers / Brill Academic Publishers, 2004, 210 p.
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This book is the first comprehensive introduction to Russian fisheries management in the Western literature. It sets out the basic principles and organisational structure underlying Russian fisheries management and describes associated processes and practices, such as quota allocation, technical regulation and enforcement of fishery legislation. The book focuses attention on fisheries management at the federal level and in Russia's northern fishery basin, which is the largest fishery region in European Russia. Problems such as institutional conflict, alleged corruption and incomplete legislation on fisheries are discussed, as are the assets of scientific and technical expertise found in the country's Soviet legacy.

Throughout the book, the performance of the Russian system for fisheries management is evaluated in relation to the requirements of a precautionary approach to fisheries, as set out in contemporary international law.



Stokke, Olav Schram and Clare Coffey
'Precaution, ICES and the Common Fisheries Policy: A study of Regime Interplay'
Marine Policy, Vol 28, No 2, 2004, pp. 117-126.

This article examines the interplay between the precautionary provisions in the global fisheries regime and problem-solving under (1) the International Council for the Exploration of the Sea and (2) the EU Common Fisheries Policy. The causal processes are partly ideational (learning-driven) and partly normative (commitments-driven). The effect is synergistic: the UN Fish Stocks Agreement strengthened the hand of those within ICES and EU fisheries bodies who favoured greater safety margins, long-term planning and pre-agreement on recovery plans for endangered stocks - without disrupting cooperative relations. There is some awareness among participants in source and target regimes of the fact of interaction and also preparedness to respond to it.



Andresen, Steinar and Tora Skodvin
'Non-state Influence in the International Whaling Commission 1970-1990'
Global Environmental Politics, Vol 3, No 4, 2003, pp. 61-87.
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Most studies on the influence of non-state actors in international politics is focussed on the international level. One main objective of this article is to develop a multi-level approach that allows analysis of non-state influence via the domestic level. This is discussed in relation to the International Whaling Commission (IWC) in the period 1970-1990, with a particular focus on the competition for influence between the scientific community and the environmental and animal rights movement. The analysis shows that the domestic level is equally or even more important than the international level. In this case the 'environmentalists' succeeded in mobilizing domestic public support particularly in the US, and had a key ally in the US government. The domestic role of this non-state actor was of key importance in the transformation of this regime in the 1970s and 1980s. While science played quite a significant role in the 1960s and early 1970s, later on it was side-tracked by the 'environmentalists'.



Stokke, Olav Schram
Governing High Seas Fisheries: The Interplay of Global and Regional Regimes
Oxford, Oxford University Press, 2001. 365 p.
> For more information and orders, contact Oxford University Press

The legal and political difficulties of managing fish stocks that straddle from national waters into the high seas were not abolished by the introduction of exclusive economic zones. Here leading scholars of international law and international relations explain the wave of bitter disputes that arose in the nineties over such straddling stocks. They show how regional responses to those challenges shaped the negotiation of a 1995 UN Fish Stocks Agreement and helped strengthen the global high-seas fisheries regime. Keen attention is paid to whether and how evolving regimes meet the scientific, regulatory and compliance-related tasks of effective management - and the significance of regime interplay in this regard. Certain developments in international fisheries law, particularly crucial to effective management of high seas fisheries, are examined: reconceptualisation of the freedom of the high seas; legal measures to control the harvesting of vessels flying flags-of-convenience; the dispute settlement apparatus; and emerging procedures for compliance-control activities by others than the flag state. Those global developments are related to six regional case studies featuring management of straddling stocks in the Grand Banks off Canada, the Southern Ocean, the Doughnut Hole of the Bering Sea, the Peanut Hole of the Okhotsk Sea, the Loop-hole of the Barents Sea, and the Banana Hole of the Northeast Atlantic.



Vidas, Davor (ed.)
Protecting the Polar Marine Environment. Law and Policy for Pollution Prevention.
Cambridge University Press, 2000, 276 p.
> For more information and orders, contact Cambridge University Press

How can we best protect the polar marine environment against pollution? In this volume, leading scholars on environmental law, the law of the sea, and Arctic and Antarctic affairs examine this important question. To what extent do existing global instruments of environmental protection apply to the Arctic Ocean and the Southern Ocean? Can the arrangements adopted at regional, sub-regional and national levels provide adequate protection? The contributors examine and compare various levels of regulation in protecting the marine environment of the Arctic and the Antarctic, with specific attention to land-based activities, radioactive waste dumping, and shipping in ice-covered waters. Recent developments since the establishment of the Arctic Council in 1996 and the entry into force of the Protocol on Environmental Protection to the Antarctic Treaty in 1998 are also discussed.



Hønneland, Geir
Coercive and Discursive Compliance Mechanisms in the Management of Natural Resources. A Case Study from the Barents Sea Fisheries
Dordrecht, Boston, London, Kluwer Academic Publishers, 2000, 204 p.
> For more information and orders, contact Springer

The book addresses the cross-perspective social science debate on the management of common-pool resources. In the management of such resources, regulation efforts bring little gain if the established rules are not complied with by the users of the resource. The book discusses how public authorities can influence the decision-making of users in this respect by various coercive and discursive measures. Hence, it addresses a much-neglected topic in both the theoretical and practical debate on the management of natural resources.

The Barents Sea fisheries are used as a case study in the book. Violation statistics from the Norwegian Coast Guard are studied to investigate the level of compliance in these particular fisheries. Furthermore, a group of Norwegian and Russian fishermen as well as representatives of Norwegian fishermen’s associations have been consulted through personal in-depth interviews aimed at revealing their attitudes to the regulations and management and enforcement systems. The book is based on Geir Hønneland’s doctoral work.



Vidas, Davor and Willy Østreng (eds)
Order for the Oceans at the Turn of the Century
The Hague - London - Boston, Kluwer Law International, 1999. 610 p.
> More information and orders

This book – an extension of a major international conference organised by the Fridtjof Nansen Institute in Oslo in the autumn of 1998 – is a state-of-the-art report on ocean law and politics today, written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, the book assesses where we have been going in the past decade and charts the way ahead. Implementation of the Convention – from the perspective of interaction of politics and law – is the unifying theme. Under this, three basic aspects have emerged as crucial during the 1990s: 1) evolution of new regimes; 2) institutionalisation; and 3) new patterns of participation. These are explored systematically in sections on the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the implementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).
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