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This chapter examines the formation of a liberal mining regime in Tonkin, which fueled a mining frenzy in the 1920s. To encourage prospectors and capitalists to invest in and exploit the mining resources of remote colonies, such as Tonkin and Annam, a colonial mining regime that granted mine explorers extensive rights to control and develop mining concessions as they saw fit was formulated in 1897. This chapter also explores how the liberal mining regime in Tonkin enabled the rise of big coal companies, such as the French Coal Company of Tonkin (SFCT) and Đông Triều Coal Company (SCDT). Their rapid growth and illicit mining expansion subsequently led to increasing conflicts among the two companies, the colonial government, and local communities over the use of natural resources, such as timber forests, public land, and maritime zones. Overall, this chapter highlights how the bubble created by mining deregulation led to the wasteful use and arbitrary division of land, rampant prospecting fraud, widespread destruction of preexisting forests at mining perimeters, and the illegal tactics employed by the big coal companies to encroach upon public resources.
The international law of the sea has developed over many hundreds of years. Modern principles can be traced back to the 17th-century debates between scholars such as Grotius and Selden over whether or not nations had the right to control areas of the ocean. At that time, nations were primarily concerned over access to fishing grounds and trading routes; today the international law of the sea has importance for a large range of diverse maritime interests relating to security, international trade, communications, scientific research, seabed minerals, human rights, climate change, fishing, biodiversity conservation and more. The law of the sea is today dominated by the monumental 1982 United Nations Convention on the Law of the Sea (LOSC). Much of the content of the LOSC represents customary international law and the legal regime for the oceans continues to evolve in response to emerging issues.
According to the Intergovernmental Panel on Climate Change’s Sixth Assessment Report, sea-level rise will continue for thousands of years. Many small island States and low-lying coastal States are already experiencing sea-level rise together with landward regression of coastal areas. This raises several legal questions, such as whether States are obligated to revise existing baselines, outer limits of maritime zones and charts. This article examines the legal lacunae in the United Nations Convention on the Law of the Sea (UNCLOS) concerning the legal consequences of sea-level rise on baselines and maritime boundaries, including islands and archipelagos. It provides an overview of the work of the International Law Commission on sea-level rise in relation to international law. It traces the evolution of States’ views within the Sixth Committee between 2018 and 2024 and the UN, as well as the recent Advisory Opinions on climate change of the International Tribunal for the Law of the Sea and the International Court of Justice. It concludes by noting how the legal lacunae in UNCLOS have been clarified, leaving to be determined the next steps in implementing the convergence of States’ interpretations of UNCLOS and customary international law in favour of preservation of baselines and maritime boundaries despite the physical effects of sea-level rise on coastlines.
This chapter examines the development of the law of the sea at the time of the League of Nations with specific focus on the entitlement to the oceans and the use of the oceans. This chapter first addresses the entitlement to and jurisdiction over marine spaces by examining the issue of the territorial sea, the contiguous zone, bays and islands. The chapter then examines the issue of the use of the oceans, focusing on the regulation of fishing and navigational rights in straits. Finally, the chapter will conclude that the era of the League of Nations can be thought to be one in which the traditional paradigm of the law of the sea was being formulated. However, the paradigm was qualified by the absence of an agreement with regard to the breadth of the territorial sea and rules regarding the delimitation of the territorial sea. In this sense, the paradigm in that period remained incomplete. Furthermore, the time was not ripe to establish a global legal framework for the conservation of marine living resources. Overall the law of the sea at the time was characterised by the reconciliation of competing interests of individual states.
The chapter discusses the basics of the law of the global commons (seas, air, outer space), by concentrating on what states can do in which zones or spaces
This chapter analyses the treatment of animals in sea warfare under extant international law and it assesses the adequacy of these norms for the protection of animal welfare. The welfare of marine animals is threatened by warfare in various ways. Individual marine mammals, such as dolphins or sea lions, are trained to take part in hostilities. Other sea life suffers, whether directly or indirectly, the repercussions of hostilities. In the context of prize law, animals could in some cases qualify as contraband goods, susceptible to seizure when on board neutral vessels heading toward enemy ports. It is concluded that the law as it stands today provides neither optimal protection for animals considered as a constitutive part of the marine environment nor for animals in themselves considered as sentient beings. The chapter formulates recommendations for the progressive development of the law, including the creation of a sui generis status for sentient animals, the regulation of military sonars and the establishment of protected marine zones where no combat activities whatsoever should take place.
States increasingly refer to ‘legal stability’ in connection with maritime zones, amidst concern to preserve their jurisdictional rights in the face of climate-change induced sea-level rise. Yet such a claim for preservation is at odds with the widely-expressed scholarly view that baselines, and their associated maritime zones, ‘ambulate’ with coastal changes. This article interrogates this tension by focussing on the understudied notion of legal stability as it relates to maritime zones, under the international law of the sea. The article examines the development of the term ‘legal stability’ in the discourse of States (what States say) and contends that a claim for the stability of maritime zones should be seen as an expression of the long-standing value placed on legal stability by States in the system of maritime zones. Further, the article presents the results of a global study of States’ implementation of the normal baseline in domestic legislation (what States do). The results show that many States have taken practical measures to secure legal stability for their normal baselines within their domestic frameworks, suggesting that existing international law may accommodate a greater degree of stability than widely appreciated. The article concludes by asserting that these findings matter not only for how we should receive States’ claims for maritime zone preservation on the basis of legal stability, but also prompts reconsideration of our overall understanding of the existing law on baselines and maritime zones.
The chapter discusses the basics of the law of the global commons (seas, air, outer space), by concentrating on what states can do in which zones or spaces
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