- Email: [email protected]
The regime of islands in international law
Conference
reportlBook
review
involved in fisheries management, assuming responsibility for the management of sectoral quotas. The growing importance of POs as a tool for fisheries policy raises many issues as to the future of fisheries management throughout Europe. These include relations to the non-sector, benefits to PO members and the observation of catch restrictions. Dr Slaymaker emphasized that further research is needed in these areas. The individual transferable quota (ITQ) scheme used in the Dutch fishing industry was assessed by Dr H. Harmsa (LEI, The Hague, Netherlands) in his paper ‘Effects of property rights on the structure of the fishing industry’. Focusing on the system for plaice and sole introduced in the late 1970s under the CFP, the factors which influence ITQ price, and the impact of ITQs on individual firms and industry structure were discussed. With regard to future fisheries management policy, changes in the ITQ scheme would have to be made very gradually in order to avoid severe problems for the Dutch fishing industry; many fishing companies presently
have a large financial investment in quotas. Dr R.J. Lopes (University of Evora, Portugal) also highlighted the use of quotas in his paper ‘The bioeconomic management of freshwater crayfish Procambarus Clarkii in Portugal’. The author explained that because crayfish cause serious damage to the irrigation networks of cultivated land, it is necessary to control their numbers. A simple bioeconomic model was proposed which would allow the definition of a fishing quota on the population in order to reduce the damage caused to an acceptable level. Dr A. Di Natale (Aquastudio, Messina, Italy) presented ‘The management of Mediterranean swordfish’ and described an example of multidisciplinary research carried out in Italy. The aim was to undertake a comprehensive comparison of the two principal fishing methods for Mediterranean swordfish - pelagic drifting longlines and large-scale driftnets. The author emphasized the usefulness of a multi-disciplinary approach in attempting to generate information useful for fisheries man-
agement . The final paper ‘A meso-systematic analysis of the international specialization process applied to the EC seafood processing industry’ was given by Mr P. Guillotreau (University of Remres. France). The EC trade deficit in seafood products continues to grow. and in order to understand this one must examine micro-economic factors as well as the more obvious macroeconomic factors such as variations in demand. In particular, Mr Guillotreau stressed the need to understar~d the corporate strategies of international seafood companies with particular rcference to the process of specialization. A~~uf E. Nei/aff~ Centre for marine Resource Economics University of Portsmouth, UK The papers will be published as a proceedinos of the conference in the near future. F&ther details can be obtained from: Arthur E. Neiland, Centre for Marine Resource Economi&, University of Portsmouth, Locksway Road, Portsmouth PO4 8JF, UK.
Book review islands and boundaries THE REGIME OF ISLANDS IN INTERNATIONAL LAW by Hiran J. Jayewardene Martinus Nijhoff, 572pp, US$159
Dordrecht,
1990,
This book provides an impressive and detailed analysis of the role of islands in the delimitation of maritime boundaries, and it is certain to be of substantial value to all researchers working in this field. The final 165 pages of the book will prove to be especially useful because they include detailed descriptions of boundary resolutions that involve islands, providing a rich source
406
of state practice. The book is filled with excellent maps that bring to life the controversies and illustrate how they have been resolved. The book begins with five chapters that discuss the general principles that govern islands and include substantial material on the geographical realities that must be understood before the juridical analysis can be applied. Chapter 6 addresses river boundaries, Chapter 7 discusses islands in international lakes, and the 270 page Chapter 8 examines the role of islands in the delimitation of international maritime boundaries. The first 80 pages of Chapter 8 provide an overview of the principles
of maritime boundary delimitation that have been developed by the International Court of Justice (ICJ) and other tribunals. The chapter then focuses on the questions that arise when islands are involved. The author explains and analyses the decisions reached in coutested cases and compares them to negotiated solutions. His writing always uses the cautious tone of a diplomat, providing clear dispassionate descriptions and analysis. The central question regarding the role of islands in maritime delimitation is whether they should be allowed to generate full maritime zones, even when such a situation would have the
MARINE
POLICY
September
1992
Book review
effect of reducing the size of the zones generated by an adjacent or opposite continental State. The author approaches this question gingerly, and appears to conclude (at pages 346 and 348) that the equidistance principle should generally apply to a dispute between an island and a continent. He reaches this conclusion despite his own recognition (at pages 344-45) that the International Court of Justice has indicated that islands should be accorded less than a full effect in the 1969 North Sea Case, the 1982 Tunisia/ Libya Case, and the 1984 Gulf of Maine Case. It is unfortunate that he fails to discuss the 1985 Libya/Malta Case in this section (although he discusses other aspects of the case elsewhere), because that case provides the most dramatic example of an island’s failure to generate a full maritime zone. The ICJ did not allow Malta the amount of ocean space that it claimed it was entitled to under the equidistance principle, ruling instead that the equidistance line should be adjusted northward toward Malta through 18” of latitude to take account of the ‘very marked difference in coastal lengths’ between Malta and Libya. This ruling
was handed down in a case involving a very substantial island - Malta’s main island is 122 square miles in land area (twice the size of Washington, DC) and has a population of more than 350 000. Malta’s tiny uninhabited island of Filfla was ignored completely by the ICJ. In every case in which the issue has come up, in fact, the TCJ has failed to accord a full effect to islands with regard to the generation of extended maritime zones. Another important issue that the author fails to address in any detail is how Article 121(3) of the Law of the Sea Convention should be interpreted. This provision states that ‘rocks’ that cannot sustain human habitation or an economic life of their own should not be allowed to generate exclusive economic zones or continental shelves. The author gives his view at page 16 that this provision will affect ‘only a small category of insular features’, but he fails to explain why this category should be small or how one should determine which insular features belong to it. The author also proceeds gingerly when discussing the unresolved boundary disputes that involve is-
lands, particularly the disputes between Greece and Turkey in the Aegean Sea and between China, Vietnam, Malaysia, and the Philippines in the South China Sea. The Aegean controversy is at least introduced to the reader, but the South China Sea conflict - the only maritime boundary dispute that has involved the use of force - is almost completely ignored. A great deal has been written about each of these disputes, and this book could have been strengthened by reviewing the competing positions and suggesting possible solutions. Despite these quibbles, however, this book provides a rich source of materials that will certainly aid diplomats, scholars, and students working in this field. The Regime of Islands in International Law is a valuable addition to the literature on this subject, and the author should be commended and thanked for devoting the labour required to assemble the information contained in it.
Rosenstiel School of Marine and Atmospheric of the University of Miami seeks nominations for the Rosenstiel Award
Jon M. Van Dyke University of Hawaii at Manoa Honolulu, HI USA
Science
and disyounger, mid-career individuals who have contributed substantially towards new directions or understanding in for excellence in their field. This year’s award (including a prize of $5,000) will be presented the field of marine affairs in general and marine policy issues. Nominations, including a curriculum vita and the names of three referees, should be sent by October 15, 1992 to:
The Rosenstiel Award tinction in oceanographic
is presented annually science. The intent
to recognize of the award
Rosenstiel Award Search Committee, Division Rosenstiel School of Marine and Atmospheric University of Miami 4600 Rickenbacker Causeway Miami, FL 3314991098 Tel: +l (305) 3614085
MARINE
POLICY
September
1992
of Marine Science
outstanding is to recognize
achievement
Affairs
407
reportlBook
review
involved in fisheries management, assuming responsibility for the management of sectoral quotas. The growing importance of POs as a tool for fisheries policy raises many issues as to the future of fisheries management throughout Europe. These include relations to the non-sector, benefits to PO members and the observation of catch restrictions. Dr Slaymaker emphasized that further research is needed in these areas. The individual transferable quota (ITQ) scheme used in the Dutch fishing industry was assessed by Dr H. Harmsa (LEI, The Hague, Netherlands) in his paper ‘Effects of property rights on the structure of the fishing industry’. Focusing on the system for plaice and sole introduced in the late 1970s under the CFP, the factors which influence ITQ price, and the impact of ITQs on individual firms and industry structure were discussed. With regard to future fisheries management policy, changes in the ITQ scheme would have to be made very gradually in order to avoid severe problems for the Dutch fishing industry; many fishing companies presently
have a large financial investment in quotas. Dr R.J. Lopes (University of Evora, Portugal) also highlighted the use of quotas in his paper ‘The bioeconomic management of freshwater crayfish Procambarus Clarkii in Portugal’. The author explained that because crayfish cause serious damage to the irrigation networks of cultivated land, it is necessary to control their numbers. A simple bioeconomic model was proposed which would allow the definition of a fishing quota on the population in order to reduce the damage caused to an acceptable level. Dr A. Di Natale (Aquastudio, Messina, Italy) presented ‘The management of Mediterranean swordfish’ and described an example of multidisciplinary research carried out in Italy. The aim was to undertake a comprehensive comparison of the two principal fishing methods for Mediterranean swordfish - pelagic drifting longlines and large-scale driftnets. The author emphasized the usefulness of a multi-disciplinary approach in attempting to generate information useful for fisheries man-
agement . The final paper ‘A meso-systematic analysis of the international specialization process applied to the EC seafood processing industry’ was given by Mr P. Guillotreau (University of Remres. France). The EC trade deficit in seafood products continues to grow. and in order to understand this one must examine micro-economic factors as well as the more obvious macroeconomic factors such as variations in demand. In particular, Mr Guillotreau stressed the need to understar~d the corporate strategies of international seafood companies with particular rcference to the process of specialization. A~~uf E. Nei/aff~ Centre for marine Resource Economics University of Portsmouth, UK The papers will be published as a proceedinos of the conference in the near future. F&ther details can be obtained from: Arthur E. Neiland, Centre for Marine Resource Economi&, University of Portsmouth, Locksway Road, Portsmouth PO4 8JF, UK.
Book review islands and boundaries THE REGIME OF ISLANDS IN INTERNATIONAL LAW by Hiran J. Jayewardene Martinus Nijhoff, 572pp, US$159
Dordrecht,
1990,
This book provides an impressive and detailed analysis of the role of islands in the delimitation of maritime boundaries, and it is certain to be of substantial value to all researchers working in this field. The final 165 pages of the book will prove to be especially useful because they include detailed descriptions of boundary resolutions that involve islands, providing a rich source
406
of state practice. The book is filled with excellent maps that bring to life the controversies and illustrate how they have been resolved. The book begins with five chapters that discuss the general principles that govern islands and include substantial material on the geographical realities that must be understood before the juridical analysis can be applied. Chapter 6 addresses river boundaries, Chapter 7 discusses islands in international lakes, and the 270 page Chapter 8 examines the role of islands in the delimitation of international maritime boundaries. The first 80 pages of Chapter 8 provide an overview of the principles
of maritime boundary delimitation that have been developed by the International Court of Justice (ICJ) and other tribunals. The chapter then focuses on the questions that arise when islands are involved. The author explains and analyses the decisions reached in coutested cases and compares them to negotiated solutions. His writing always uses the cautious tone of a diplomat, providing clear dispassionate descriptions and analysis. The central question regarding the role of islands in maritime delimitation is whether they should be allowed to generate full maritime zones, even when such a situation would have the
MARINE
POLICY
September
1992
Book review
effect of reducing the size of the zones generated by an adjacent or opposite continental State. The author approaches this question gingerly, and appears to conclude (at pages 346 and 348) that the equidistance principle should generally apply to a dispute between an island and a continent. He reaches this conclusion despite his own recognition (at pages 344-45) that the International Court of Justice has indicated that islands should be accorded less than a full effect in the 1969 North Sea Case, the 1982 Tunisia/ Libya Case, and the 1984 Gulf of Maine Case. It is unfortunate that he fails to discuss the 1985 Libya/Malta Case in this section (although he discusses other aspects of the case elsewhere), because that case provides the most dramatic example of an island’s failure to generate a full maritime zone. The ICJ did not allow Malta the amount of ocean space that it claimed it was entitled to under the equidistance principle, ruling instead that the equidistance line should be adjusted northward toward Malta through 18” of latitude to take account of the ‘very marked difference in coastal lengths’ between Malta and Libya. This ruling
was handed down in a case involving a very substantial island - Malta’s main island is 122 square miles in land area (twice the size of Washington, DC) and has a population of more than 350 000. Malta’s tiny uninhabited island of Filfla was ignored completely by the ICJ. In every case in which the issue has come up, in fact, the TCJ has failed to accord a full effect to islands with regard to the generation of extended maritime zones. Another important issue that the author fails to address in any detail is how Article 121(3) of the Law of the Sea Convention should be interpreted. This provision states that ‘rocks’ that cannot sustain human habitation or an economic life of their own should not be allowed to generate exclusive economic zones or continental shelves. The author gives his view at page 16 that this provision will affect ‘only a small category of insular features’, but he fails to explain why this category should be small or how one should determine which insular features belong to it. The author also proceeds gingerly when discussing the unresolved boundary disputes that involve is-
lands, particularly the disputes between Greece and Turkey in the Aegean Sea and between China, Vietnam, Malaysia, and the Philippines in the South China Sea. The Aegean controversy is at least introduced to the reader, but the South China Sea conflict - the only maritime boundary dispute that has involved the use of force - is almost completely ignored. A great deal has been written about each of these disputes, and this book could have been strengthened by reviewing the competing positions and suggesting possible solutions. Despite these quibbles, however, this book provides a rich source of materials that will certainly aid diplomats, scholars, and students working in this field. The Regime of Islands in International Law is a valuable addition to the literature on this subject, and the author should be commended and thanked for devoting the labour required to assemble the information contained in it.
Rosenstiel School of Marine and Atmospheric of the University of Miami seeks nominations for the Rosenstiel Award
Jon M. Van Dyke University of Hawaii at Manoa Honolulu, HI USA
Science
and disyounger, mid-career individuals who have contributed substantially towards new directions or understanding in for excellence in their field. This year’s award (including a prize of $5,000) will be presented the field of marine affairs in general and marine policy issues. Nominations, including a curriculum vita and the names of three referees, should be sent by October 15, 1992 to:
The Rosenstiel Award tinction in oceanographic
is presented annually science. The intent
to recognize of the award
Rosenstiel Award Search Committee, Division Rosenstiel School of Marine and Atmospheric University of Miami 4600 Rickenbacker Causeway Miami, FL 3314991098 Tel: +l (305) 3614085
MARINE
POLICY
September
1992
of Marine Science
outstanding is to recognize
achievement
Affairs
407