Abstract The agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023 and entered into force on 17 January 2026. Article 60 of the agreement incorporates the dispute settlement system of Part XV of the United Nations Convention on the Law of the Sea (UNCLOS). Through a technique of “deemed replication”, it also extends that system to parties that are not parties to UNCLOS. This article asks whether Part IX of the agreement (Articles 56–61) can resolve disputes arising in the regulatory space shared with the International Seabed Authority, the International Maritime Organisation, Regional Fisheries Management Organisations, and other bodies. It combines doctrinal analysis under Articles 31-32 of the Vienna Convention on the Law of Treaties, comparison with the 1995 UN Fish Stocks Agreement, and review of UNCLOS case law. On the basis of this, it argues that the weakness of Part IX lies less in the reach of the compulsory jurisdiction rather than in the absence of rules governing its interfaces with other regimes. With respect to the same, there are four challenges. First, incorporating Part XV without a “mutatis-Mutandis” formula leaves open how provisions drafted for this convention apply to BBNJ and disputes. The saving clause in Article 60(8) insulates external procedures, but provides no rule for coordinating parallel proceedings. The jurisdictional carve-out in Article 60(9-10) may remove disputes at the boundary between areas within and beyond national jurisdiction, and the replication mechanism for non-UNCLOS parties raises unresolved questions of interpretive unity. The article concludes that the most realistic response lies within the existing power of parties. This includes interpretive decision-making modalities for implementation and compliance committee cooperation arrangements with sectoral bodies and the advisory opinion procedure under Article 47(7).
Abstract The rapid deployment of Maritime Autonomous Vehicles (MAVs), including Autonomous Maritime Vehicles in Law Enforcement Contexts (AMVLEs), adds a technological dimension to maritime security in the South China Sea (SCS), where overlapping claims, strategic competition, and intensive law-enforcement activities create risks of miscalculation and escalation. This article examines how AMVLEs may affect existing law-of-the-sea rules and regional maritime security during peacetime law enforcement. It argues that AMVLEs do not create underlying tensions but may amplify them by complicating identification, assessment of navigational rights and immunities, and evaluation of lawful responses during maritime encounters. The article finds that these challenges do not require a new autonomous-vehicle regime. Existing UNCLOS rules may instead be adapted through consistent application, operational procedures, clear attribution and State responsibility, and regional cooperation. Legal adaptation, operational restraint, and confidence-building measures can reduce uncertainty and escalation risks while preserving UNCLOS as the foundation of the regional maritime legal order.
Abstract Indonesia’s vast archipelagic expanse offers potential for offshore wind farm (OWF) development, offering a sustainable solution to energy security and climate commitments. However, OWF initiatives are not challenges. Environmental risks—such as habitat degradation, underwater noise pollution, and disruptions to marine biodiversity—necessitate establishing a forward-looking, adaptive regulatory framework to mitigate these complexities effectively. Grounded in Indonesia’s obligations under key international instruments, including the United Nations Convention on the Law of the Sea (LOSC) and the Convention on Biological Diversity (CBD), alongside influential supplementary standards, this study conducts a critical analysis of Indonesia’s existing legal landscape and the practical feasibility of OWF deployment. The study advocates for strengthened biodiversity protection, refined national policies, enhanced multi-ministerial coordination, and strategic engagement with global platforms to ensure OWF development aligns with international best practices and environmental sustainability imperatives.
Abstract As an important policy in China to safeguard the sustainable development of fisheries resources, the fishing ban explicitly prohibits unauthorized shuting down, shielding, dismantling, lending, or transferring of vessel safety monitoring and positioning equipment. During the fishing moratorium, all fishing vessels are legally required to berth at designated ports, and no vessel is permitted to engage in any form of fishing operations unless it has obtained a valid license. Violations of the order may result in civil penalties or criminal sanctions, depending on the specific circumstances of the violation.
Abstract River pollution significantly contributes to marine pollution in Bangladesh. The High Court Division of the Supreme Court of Bangladesh has granted legal personhood to the rivers of Bangladesh to safeguard them from pollution and illegal grabbing. While the river personhood aims to protect rivers, the UNCLOS , to which Bangladesh is a party, aims to protect the marine environment from pollution. Through a doctrinal legal analysis and drawing on existing literature on river personhood, law of the sea and pollution studies, this article explores the intersection between the legal personhood of rivers and the UNCLOS in the context of Bangladesh. The article demonstrates that river personhood can be a powerful tool in supporting Bangladesh’s compliance with the UNCLOS through local implementation and regional cooperation. This article makes a novel contribution to the existing scholarship demonstrating how this new approach (river personhood) can support protecting the marine environment from land-based pollution.
