2013 Fiscal Year Final Research Report
Structural Change in the Legal Order for the Oceans: between ocean management and the freedom of the seas
| Project/Area Number |
23730041
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Tohoku University (2012-2013)
The University of Tokyo (2011) |
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Principal Investigator |
NISHIMOTO Kentaro 東北大学, 法学(政治学)研究科(研究院), 准教授 (50600227)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 海洋法 / 海洋管理 / 海洋の自由 / 排他的経済水域 / 大陸棚 |
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| Research Abstract |
The present research has examined the effects of the recent trend in international society to strengthen ocean management on the traditional freedom of the seas, focusing on the management measures taken by coastal States in its exclusive economic zone (EEZ). A Study of State practice has revealed that most states have implemented ocean management though exercise of rights recognized under UNCLOS, or at least justify their measures by reference to certain specific rights under UNCLOS. However, UNCLOS does not give coastal States the general power to spatially coordinate different uses of the ocean in its EEZ, and ocean management in this form contains an element that is alien to the current framework for the legal order for the oceans. Further developments should be assessed in light of UNCLOS as they may potentially influence a structural change in the law of the sea.
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Research Products
(11 results)
