Coastal State Fishery Regulation under International Law: A Coastal State Fishery Regulation under International Law: A Comment on the La Bretagne Award of July 17, 1986 (The Comment on the La Bretagne Award of July 17, 1986 (The Arbitration between Canada and France)
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"Despite its apparent advantages, the joint venture system, in fisheries such as in other sectors, has had a chequered career. In part this is due to false expectations by one or both parties. The State with the exploitable resource for example might expect to gain control over the activities of the venture because it (or its nationals) has a majority holding in the capital share of the venture. Often, however, this control has proved illusory because the overseas partner has important de facto controls through its greater management expertise. Sometimes this agreement itself may disguise the real level of foreign control. Where for example decision making may be vested in foreign managers, under a management agreement, or in an executive committee which is in effect a veto on the more important decisions. Another difficulty has been differing perceptions about the same agreement - the coastal State partner often seeing it as an agreement about transfer of technology, training manpower, etc., while the foreign partner might see it only as a devise for gaining access to a particular fishery, while looking on the conditions imposed as irritants perhaps to be given token observance only.
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The payment by the Community for access rights for Community fleets was originally mainly justified by the appropriation of resources from coastal states. The financial compensation was based on the access to the fishing possibilities offered by the coastal state concerned. Now, due to the difficulties of resource scarcity, overexploitation, illegal, unreported or unregulated fishing practices, which are exacerbated by the lack of means in the Developing Coastal States to ensure sustainable management of fish resources in the waters under their jurisdiction, the Community is confronted with further challenges.
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Coastal States have the mandates and obligation to ensure security, safety, and cleanliness and protection of the coastal waters. The Maritime Autonomous Surface Ship (MASS) or unmanned ships are now considered a reality and will take short time from now for its operations. Legal barriers are some of the challenges for the development of MASS, however these barriers do not halt the development and further advancement of MASS. A merger between the coastal State through a Vessel Traffic Services (VTS) system and the MASS operator through a MASS operations center (MOC) is proposed in this research; however, there is lack of legal mandate for the coastal State to solidify the validity of a merger to be initiated. In the absence of specific regulations, public and governmental bodies, with powers to oversee the safety of marine activities, will normally have the general power to authorise the testing and the use of emerging technology (Global Marine Technology Trends 2030, 2017). Sage, B. (2006), concluded that measures such as Particularly Sensitive Sea Area (PSSA), ships’ routing measures, and VTS are precautionary in essence. They are adopted because international shipping poses a risk to the marine environment. Therefore, the proposed merger of the coastal State via the VTS system and the MASS operations center may be initiated as a precautionary means to ensure security, safety and efficient MASS operations with emphasis on clean and protected coastal waters considering the risk that MASS pose to the jurisdiction of the coastal State as unmanned vessel and a new technology that is not yet proven.
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However, UNCLOS 82 does provide for the “progressive development of the law of the sea” as explained in the conclusion to the previous chapter. As far as vessel- source marine pollution is concerned, work undertaken by scientists (such as the Joint Group of Experts on the Scientific Aspects of Marine Evironmental Protection – GESAMP), non-governmental organizations (NGOs), among others, have continued to contribute immensely towards environmental awareness. Needless to mention the alarming and highly publicized maritime accidents registered here and there on the globe that resulted in pollution. Consequently, coastal states have had to grapple with related issues such as political pressure from environmental groups. All these developments do influence the way coastal states would like to interfere with international navigation. Hence, coastal state jurisdiction is based not only on what UNCLOS provides; it is also determined by events on the ground, hence the relevance of state practice.
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To comply with the BWMC, Port States have to develop CME regime. Inspections of ships, Sediments reception facilities, Communication of requirements to IMO and regional cooperation for Port State Control via MoU and international cooperation for the designation of areas for ballast water exchange is the other main role for Port States. To comply with the BWMC, the Coastal State should establish and implement policies and guidelines to the implementation and enforcement procedures in their territory with the responsible organizations in the State. The supervision of coastal areas and its availability as well as issuance of exemptions and preparation of contingency plan, are part of its main obligations.
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An exhaustive field study was undertaken between November 2011 and August 2012, with the aim to know the causes of the environmental deterioration of the Tecomate Lagoon, in the Guerrero state, Mexico. Data of temperature, dissolved oxygen, salinity parameters and depth of the lagoon were interpolated using the Kriging geostatistical method to generate a prediction surface. The lagoon registered a great variation in its saline concentration, which ranged from 8.0 to 65.0 ppt, with the lowest values in November 2011 and the highest at May 2012. The great variability in the salinity throughout the year contributed in significant form to the lagoon’s instability. An average water temperature of 32˚C and dissolved oxygen levels of 4.49 to 7.44 mg/L were recorded. The low depth registered in the lagoon (mean = 1 m), is related to fluvial and marine processes, both of which modify depth through the transport of sediment to its interior. Currently, fishing is scarce, with the mangrove forest in some areas in a process of deterioration due to a lack of moisture. The lagoon system is undergoing a process of environmental deterioration, with an advanced ecological succession and non-aquatic vegetable species colonizing the area surrounding the lagoon.
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Leaving aside the Flag State Implementation matters, which have been the subject of the previous chapter, the discussion of this chapter will address the basic principles and procedures of Port State Control. It will discuss its role in ensuring maritime safety and environmental protection by the enforcement of international conventions within its waters, and therefore its purpose to eliminate substandard ships by inspection and detainment. The fact that Guinea-Bissau is a party to regional co- operation on Port State Control, adopted as a means of increasing its effectiveness, is considered a paramount. The importance of the human element in maritime safety is stressed through the role of the marine engineer officer within PSC.
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(MHI) introduced a modern concept for the instrumental monitoring development . On its basis, a cluster of instrumental measuring complexes was created. The development is an element of the experimental system for controlling natural and anthropogenic impacts on the shelf zones of the Black Sea coast of the Russian Federation based on satellite and contact data [6, 7]. The monitoring system of the state and dynamics of the coastal shelf waters is implemented on the basis of exclusive information technology and instrumental MHI developments at the stationary Black Sea Hydrophysical Polygon [4, 6], as well as during multi- scale polygon surveys near the Southern Coast of Crimea water area using research vessels [7, 8]. According to the long-term monitoring of the water dynamics of water at the stationary Black Sea Hydrophysical Polygon, background characteristics of the regime and large-scale variability of coastal currents in the South Coast of Crimea were identified. Series of consecutive operational vessel surveys of the water area are carried out in order to obtain new scientific knowledge about the spatial and temporal variability of oceanological fields and the characteristics of intensive hydrodynamic formations in the Russia economic zone off the Crimea coast. Carrying out comprehensive field studies permits to regulate and systematize the contribution of multi-scale natural processes to the shelf water dynamics at high resolution and measurement accuracy. Practice of a full-scale experiment carrying out clearly demonstrates that for reconnaissance and detailed surveys of the water area, measurements of the near-surface sea layer characteristics in real time when pumping outboard water on the move through the ferry box system are necessary and quite effective. Such measurements can significantly save the time of expeditionary research, supplement and detail the hydrophysical data obtained in expeditions by traditional methods (hydrological and hydro-optical sensing, ADCP measurements and analysis of water samples). When studying small-scale and sub-mesoscale processes and phenomena with a spatial scale from several tens to hundreds of meters to kilometers, the ferry box system of hydrophysical associated measurements provides fundamentally new opportunities for detailing the fields of hydrophysical characteristics that are inaccessible when surveying polygons based on fixed grids of stations. These capabilities are especially important for the fixation and contact research of anthropogenic phenomena such as accidental discharges of pollution into the sea from coastal and marine sources.
The EM survey reveals several areas of increased conductivity. The first is the area to along the northwestern edge of the lagoon (Figure 9). The 3D surfer image in Figure (9) shows several elongate structures that appear to be running away from the lagoon to some of the farm outbuildings. These are interpreted from the EM data to be pipes. The farm manager confirmed that there are most likely some pipes in this area (Mr. Curtis Powell, Manager, North Carolina State University Lake Wheeler Road Field Laboratory, 2011). This area was ignored since the EM results are most likely not associated with a contaminate plume, but farm infrastructure (pipes).
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In addition, the EBP indicates specific periods (as shown in Figure 1 and Table 1), wherein the States Parties should participate to manifest their progress and barriers encountered in matters related to adoption of BW sampling methods, BWMS, and their approval mechanisms. Therefore, the national policies and laws in place require well- structured institutions to combine functional strategies with a dynamic action plan to meet the requirements of the BWMC and its guidelines, which are detailed in Annex 1 (Tamelander, Riddering, Haag, & Matheickal, 2010). In Panama, the maritime strategy comprises six correlated strategic objectives targeting to drive the country towards the national sustainable development and the implementation of the international instruments to enhance the capacity of fulfilling its role as Flag, Coastal and Port State (PMA, 2008).
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The more recent thesis by Ong Ken Pin takes slightly different approach by interpreting appreciation of nature and existing built forms as well as cultural expressions of both TanjungPiai and Kukup. He coins it as finding the genius expression of ‘Piainess’ and ‘Kukupness’. He decides not to interfere with the sensitive mangrove ecology and unique informal setting of the on-stilt coastal community. The design approach for the heritage centre is divided into three major components:
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through the interview conducted to the respondents revealed that the vegetation around Ayetoro community is the heterogeneous mangrove, evergreen forest. Forest woods in the community are used for local building materials, cooking fuel and the use of wild leaves for wrapping food items. Majority (60.4%) of the 640 respondents observed that several species of the flora has disappeared due to coastal erosion processes on one hand and exploitation by humans on the other.
Evacuation is the most important and effective method to save human lives during a tsunami. An important factor in establishing evacuation measures during a tsunami is an accurate representation of the timing of people’s responses to the emergency. In this study, with the help of satellite technology tsunami evacuation map is generated for western coast of Gujarat state of for Indian subcontinent. In this study evacuation map of study area is generated in an open source map digitalization tool. Vertical Evacuation Suggestions of study area are derived from further analysis of geo referenced map. These Vertical Evacuation Suggestions are provided based on various parameters related topography and geology of study area. As per topography we can provide suggestion of vertical as well as horizontal evacuation map. Through we can suggest evacuation map to more and more people life save.
Avwiri, G.O., Osimubi, J.C. and Agbalagba, E.O. 2012. Evaluation of Radiation indices and excess lifetime cancer risk due to natural radioactivity in soil of Udi and Ezeagu Local Government areas of Enugu state Nigeria. Comprehensive journal of environmental and Earth sciences 1(1) 1-10. Available http://www.knowledgebase pulishers.org/maincjees.html. (05 09 2013).
to the local incongruities of the respective litter function density and explanatory origin parameters in the study region. Likewise, the detected effects of beach use on the density of Unclassified litter items are difficult to interpret: In the present study, more than 70% of the Unclassified items consist of plastic pellets and nylon particles, which do not link back to any explicit origin. An extension of the study is further needed to explain the variations in Agricultural and Personal Use litter items. The encountered difficulties underline that a certain proportion of land-based litter items cannot be explained by origins in the immediate surroundings of the study sites, but travel longer distances before they reach the coastal environment. A potential remote source for all function categories might be illegal and poorly operated landfills since illegal waste dumping is still a commonly performed in the study region. In the provinces of Adana and Mersin, around 1500 tons of general waste are deposited at unofficial dumping sites daily. Wind-blown litter is expected to be a likely consequence (Altuntop et al. 2014). Even though it is desirable to include such landfills as point sources in the analyses, due to their illegal status, obtaining a comprehensive data set is unlikely in the near future. Potentially the inclusion of further study sites by extending the survey focus may help to reveal and better understand relationships between land-based litter point sources and the respective functions.
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Use of Chemicals In Aquaculture The various chemicals used in grow-out farming and hatchery operations in both freshwater and coastal aquaculture in India can be classified into the following broad categories. They are water/soil treatment products, disinfectants, pesticides, herbicides, organic fertilizers, inorganic fertilizers, feed additives, therapeutants and anesthetics.
The identification of the main factor (physical or socio-economic) that governs the vulnerability of each coastal section is important when adaptation measures are considered. The ratio of normalized derived from SVI and CVI values are 1.13, 0.41 and 1.27 for west, center and east sections respectively. The vulnera- bility of coastal subdivision of west and east sections are dominated by physical and socio-economic factors according to the ratios of their normalized values which are close to 1. Hence adaptation solutions should focus on both physical and socio-economic factors. The vulnerability of the center section depends mainly on physical factors with regard to weaker value of the ratio. For instance, the city of Grand-Lahou undergoes recurrent inundation and coastline retreated due to strong southern swell and exceptional ocean tide . These risks have induced the relocation of the city to 18 km inland and resulted in loss of human life, local culture heritage and ecosystem such as mangrove forests. To reduce the impact of these risks on population and ecosystem, the World Bank is fi- nancing the WACA (West Africa Coastal Areas) program in order to increase the resilient of population and assets.
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Conclusively, at present there is no universal system for classification of groundwater systems. Several agencies such as the Rhode Island department of environmental management office of water resource have classified groundwater based on its suitability for drinking with or without pre-treatment. The assessment of groundwater for Lagos state adopted in this study is based on whether the water meets all the requirements as stated by FEPA and WHO. The result from this study revealed that all the water samples analysed were hard and three did not meet the standard for conductivity. The water samples how- ever met the permissible limits for drinking water for SO 4 2- , PO 4 3- , Cl - , pH and hardness due to calcium.