Journal articles on the topic 'Coastal zone management Law and legislation Bangladesh'

Coastal Zone is the most vulnerable area which is often attacked by cyclones, storm surges, floods, erosion and affected by climate change impacts like prolonged drought, salinity intrusion & greater temperature extremes. These realities are true both for the developed nations and a developing country like Bangladesh. This review study aims to explore the coastal management approaches in the UK & EU and the prevailing coastal management scenarios of Bangladesh. Based on the existing coastal management situations of Bangladesh, this study suggests that Bangladesh needs a holistic coastal management mechanism that should be supported by legislation, run by administrative and institutional frameworks, staffed by multidisciplinary experienced professionals under a Coastal Zone Management Authority (CZMA) for sustainable coastal zone management.

There has been an upsurge concerning the concept and application of “co-management” in the governance of natural resources in Bangladesh in recent years. Notwithstanding the popularity of co-management, however, the overall approach to implementation has been overtly technical in nature; and there has been limited attention to sustainability dynamics. This article aims to explore aspects policy and practice withinco-management based on several purposely selected cases in the coastal forest zones of Bangladesh. It also identifies the major challenges and issues concerning its sustainability. The lessons generated by this study may be relevant to both policy makers and practitioners. A qualitative research approach was adopted with empirical data collection methods including key informant interviews, focus group discussions, documentary research, and unstructured personal observation. The article begins with a recapitulation of the concept of co-management and its associations with sustainability, followed by an overview of the major co-management practices in Bangladesh. The discussion subsequently raises lessons learned and key issues relating to sustainability, including: the need for sorting out land-related tenurial complications and institutions used in co-management; unequal awareness of the concept of co-management and varying levels of participation of community organizations; the political interface and accountability of co-management institutions; issues of “ownership” at the community level; and the role of “external” support and facilitation. As a recently developed concept and practice, co-management seems to be rapidly taking root and displaying signs of gradual consolidation in Bangladesh. Considerable progress has been made in terms of required policy and legislative reforms, community level institution building, and a degree of change in the mindset of the government agencies to accommodate and nurture co-management. However, numerous issues (e.g., tenurial rights, effective community participation, equity, political dynamics, adequate financial support, accountability, and transparency) still need to be resolved if sustainability is to be fully achieved and satisfy the hopes and needs of local communities both now and in the future.

Purpose The purpose of this paper is to analyze the potential of strategic environmental assessment (SEA) to mainstream consideration of climate change adaptation (CCA) in Bangladesh, particularly for the coastal zone, to improve disaster risk reduction (DRR) strategies in this region. Continuing climate risks require adaptation at all levels of society. The densely populated and resource-rich coastal zone of Bangladesh is at risk to the impacts of climate change. Design/methodology/approach This research is based on secondary sources (gray and published literature) of information on climate change impacts on the coastal zone of Bangladesh. The sources include research reports, online publications, governmental reports, scientific journals, international reports, books, journal articles and other academic resources on SEA, climate change adaptation and mitigation, and DRR. In addition to examining SEA in Bangladesh, this paper investigates SEA cases in different countries to obtain insights from the successful application of SEA for CCA. Findings The paper draws on several cases from different countries demonstrating that SEA has a significant potential to coordinate CCA objectives. The findings reveal that the appropriate use of SEA can enable DRR through CCA. Originality/value This study argues that SEA has a potential role in supporting CCA.

The available scientific field data of the marine and the coastal enviroment, (wind and wave field data, shallow area bathymetry, coastal area geomorphology and topography, etc.), in addition to deep and shallow wave prediction numerical modelling (by means of wind and bathymetry measurements), calculation of the nearshore wave height and maximum wave run up, were used to support the mapping of the innermost limit of the foreshore zone according to Greek legislation which defi nes that ‘the foreshore is the zone of land wetted by the highest however unexceptional sea wave run up’ and the Supreme Administrative Court standard case law. These methods were applied for two areas, which completely differ as regards the wind and the wave field, the geomorphological and topographical characteristics of the coastal area, suggesting different procedures for the determination of the innermost limit of the foreshore zone. The limits of the foreshore zones for both areas, resulting from the study, are compared to the limits set out by the authorised Administrative Commissions, which were published in the Official Gazette and also were applied by the local authorities for the management of the coastal area.

The available scientific field data of the marine and the coastal enviroment, (the wind and the wave field data, the shallow area bathymetry, the coastal area geomorphology and topography, etc.), joint to deep and shallow wave prediction numerical modelling (by means of the wind and bathymetry measurements), calculation of the near shore wave height and maximum wave run up, were used to support the mapping of the innermost limit of the foreshore zone, according to the Greek legislation which defines that "the foreshore is the zone of land wetted by the highest however unexceptional sea wave run up " and the Supreme Administrative Court standard case law. These methods applied for two areas, which completely differ for the wind and the wave field, the géomorphologie and topographic characteristics of the coastal area, proposing different procedures for the determination of the innermost limit of the foreshore zone. The proposed limits of the foreshore zones for both areas, resulted from the study, are compared to the limits proposed by the authorised Administrative Commissions, which were published in the Official Gazette and also were applied by the local authorities for the coastal area management

Indonesia as a coastal country has the right to have the right to do business and exploitation and conservation and management of natural and non-biological natural resources in the Indonesian Exclusive Economic Zone. The obligation to carry out conservation of living natural resources is to determine the amount of catch allowed and determine the limits of sustainable harvests which aim to promote the utilization of the natural resources contained in the Indonesian Exclusive Economic Zone. To find out the implementation of the provisions in the 1982 Sea Law Convention on Exclusive Economic Zones in Indonesian legislation, it is associated with licensing, where licensing can be carried out through utilization so as not to exceed available limits. In addition, it is also the implementation of law enforcement for foreign fishing vessels that violate fisheries provisions in the view of international law and national law in the Exclusive Economic Zone

On 18 September 2013, the crew of the Greenpeace vessel Arctic Sunrise tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation’s exclusive economic zone in the Arctic. The following day the Russian authorities boarded and arrested the Arctic Sunrise and detained its crew and charged them with various offenses. The flag state of the vessel, the Netherlands, started an arbitral procedure against the Russian Federation. The present article looks at the issues of international law raised by the arrest of the Arctic Sunrise—which both concern the law of the sea and human rights law—and the arbitration initiated by the Netherlands. Human rights law is essential for assessing the kind of measures a coastal state may take in enforcing its legislation based on the law of the sea in its exclusive economic zone. Providing sufficient room for the freedom of expression may limit the scope of action that might otherwise exist.

Purpose An efficient and adequate environmental monitoring plan is essential to any integrated coastal zone management (ICZM) program. The purpose of this paper is to apply an environmental diagnostic study to a coastal lagoon using anthropogenic markers as a decision support tool to aid the development of coastal environmental management policies. Design/methodology/approach Specifically, environmental status and anthropogenic sources were determined as part of a coastal environmental management plan; a study of human occupation and use was conducted to determine the predominant human activities around the lagoon; an environmental diagnostic study was conducted to determine the occurrence, levels and distribution of markers; and the results of the environmental diagnostic study were compared to indicators stipulated in Brazilian legislation. Findings Land use study revealed both urban and rural activities around the lagoon, as evidenced by the existence of residences, restaurants as well as poultry and livestock activities. The environmental diagnostic study revealed the input of human sewage (treated and raw) and runoff from animal husbandry activities. Practical implications The information produced using anthropogenic markers showed the influence of less studied rural activities, such as livestock and poultry farming, thereby providing a more reliable environmental status compared to the use of classic indicators employed in laws issued by international and Brazilian agencies. Originality/value The present results show that classic indicators used by environmental agencies are insufficient for an accurate diagnosis of coastal zones with multiple anthropogenic activities. Thus, the modernization of the environmental monitoring plan of the ICZM program is urgently needed for a more accurate assessment of coastal environments.

The severe tropical Cyclone Yaas hit on 26 May 2021 in 16 coastal districts of Bangladesh and affected 1.30 million people. Moreover, the study areas are highly affected by the COVID-19 pandemic, which has increased the vulnerability of the people. Therefore, the objective of this study is to assess the impact of cyclone Yass aggravated by the COVID-19 pandemic in the southwest coastal zone of Bangladesh. COVID-19-aggregated Cyclone Yaas impact data at the household level were collected from Kalapara Upozilla of Potuakhali district, the area most affected by Cyclone Yaas. A total of 196 households were surveyed, and a quantitative approach was applied to analyse the data. The results show that households in the study area were severely affected by Cyclone Yaas in terms of income, housing, food consumption patterns, and water sanitation and hygiene. The outcome also revealed that the affected households received relief from the government, international/non-government organizations, donor agencies, as well as adopted coping strategies such as obtaining credit, selling assets, reducing daily meal intake, and tapping into savings. These strategies may be useful for a temporary recovery but not for the long term. The results of the study will help policymakers to reform policies.

The shrimp-farming area and shrimp yield are continuously changing in the southwestern coastal districts of Bangladesh. The three southwestern coastal districts, Bagerhat, Satkhira, and Khulna, along with Rampal, a subdistrict of Bagerhat, contribute 75% of the total shrimp yield of Bangladesh. However, the shrimp yield and farming area have declined in Bagerhat district, and the cause of this decline is uncertain. In this research, the differences in the shrimp yield were quantified using a shrimp yield dataset (SYD) and k-means classification. A supervised image classification approach was applied to quantify the spatiotemporal changes and identify the influencing factors behind the declining shrimp-farming area and yield in Rampal, Bagerhat district, using Landsat satellite archives. K-means classification reveals that, between 2015 and 2017, the shrimp yield in Bagerhat district declined significantly compared to Satkhira and Khulna. The satellite-based monitoring results affirm that the shrimp-farming area of Rampal also decreased rapidly, from 21.82% in 2013 to 6.52% in 2018. This research estimates that approximately 70% of the shrimp-farming area was lost in Rampal since December 2013. Hence, the findings of this research might motivate the responsible bodies to declare the shrimp-farming coastal area as a “shrimp zone” and implement an active policy to protect the vulnerable shrimp-farming industry and shrimp farmers, considering it is the second-largest export earning source in Bangladesh after ready-made garments.

Sepuluh tahun yang lalu putusan Mahkamah Konstitusi Nomor 3/PUU-VIII/2010 telah menegaskan bahwa bahwa pemberian hak pengusahaan perairan pesisir (HP3) oleh pemerintah kepada pihak swasta bertentangan dengan konstitusi, terutama dengan Pasal 33 ayat (4) UUD 1945. Pembentuk undang-undang kemudian merespon putusan tersebut dengan merevisi UU Nomor 27 Tahun 2007 menjadi Undang-Undang Nomor 1 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 27 Tahun 2007 tentang Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil. Revisi tersebut telah mengubah Rezim HP3 dari UU 27/2007 menjadi rezim perizinan dalam UU 1/2014. Sayangnya, perubahan tersebut justru menimbulkan berbagai persoalan mulai dari konflik antara undang-undang serta peraturan dibawah undang-undang yang pada akhirnya sangat berpotensi merugikan hak-hak konstitusional masyarakat pesisir pantai. Penelitian ini memfokuskan pada aspek yuridis maupun sosiologis terkait perlindungan hak-hak konstitusional masyarakat pesisir pantai setelah Putusan Mahkamah Konstitusi Nomor 3/PUU-VIII/2010. Penelitian ini secara mendalam membahas mengenai tindaklanjut putusan MK a quo oleh pembentuk undang-undang, pemerintah pusat hingga pemerintah daerah dan stakeholder serta pemenuhan hak-hak konstitusional masyarakat pesisir pantai. Penelitian ini merupakan penelitian hukum normatif dengan cara meneliti Putusan MK Nomor 3/PUU-VIII/2010. Pembahasan secara deskriptif digunakan untuk memahami politik hukum pengelolaan wilayah pesisir sebagai upaya memenuhi hak-hak konstitusional masyarakat pesisir pantai. Disamping itu, Pengelolaan wilayah pesisir secara terpadu yang merupakan proses yang dinamis, multidisiplin, dan berulang untuk mempromosikan pengelolaan kawasan pesisir yang berkelanjutan. Termasuk seluruh siklus pengumpulan informasi, perencanaan, pengambilan keputusan, manajemen dan pemantauan implementasi. Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.

Purpose The purpose of this study is to investigate the impact of climate change on economic development in Bangladesh. More specifically, the research aims to figure out the influence of climate change on gross domestic product (GDP) growth rate related to different sectors such as agriculture, forest, water, health and infrastructure. It also attempts to explore the effect of climate change on the coastal economy of Bangladesh. Design/methodology/approach A set of statistical and econometric techniques, including descriptive and correlation analysis and time series regression model, was applied to address the objective of the research. Sector-wise time series economic data were collected from the World Bank for the period between 1971 and 2013. Climate data were received from the Bangladesh Agricultural Research Council online database for the period between 1948 and 2013. Findings The results from the statistical analysis show that climate variables such as temperature and rainfall have changed between 1948 and 2013 in the context of Bangladesh. The econometric regression analysis demonstrates that an increase by 1°C of annual mean temperature leads to a decrease in the GDP growth rate by 0.44 per cent on average, which is statistically significant at the 5 per cent level. On the other hand, the estimated coefficients of agriculture, industry, services, urbanization and export are positively associated with GDP growth rate, and these are statistically significant at the 1 per cent level. Sector-wise correlation analysis provides statistical evidence that climate change is negatively associated with various sectors, such as agriculture, forest, human health and arable land. In contrast, it has a positive relation to water access and electricity consumption. Analysis of coastal regions shows that climate change negatively affects the local economic sectors of the coastal zone of the country. Originality/value Although this study has received significant insight from the world-renowned research publication “The Economics of Climate Change: The Stern Review”, there is a dearth of research on the economic impact of climate change in the context of Bangladesh. The findings of the paper provide deep insight into and comprehensive views of policy makers on the impact of climate change on economic growth and various sectors in Bangladesh.

Marine areas that contain living resources are subject to international protection; their species, one of which is the maritime economic zone, have a special legal status: they can be marine - fishing and territorial areas of general purpose. The legislation of Ukraine actualizes the problem of environmental protection, creation of conditions of inviolability of law enforcement activity of a set of norms of various branches of law. The general causes and conditions of environmental crime are in the system of contradictions that arise from the interaction of man, society and nature. Their essence is that society, being part of the biosphere, resists the ecosystem due to limited opportunities for nature. The growth of environmental crime is facilitated by the shortcomings of current legislation and its protection by relevant government agencies, the lack of mechanisms for its effective implementation. Within the zones of general definition, the laws of Ukraine apply to all offenses. Such a zone is recognized as the territory of the respective state and the laws apply to persons who have committed the relevant offenses. In this case, there may be peculiarities in the application of laws that contain a blanket disposition. An example is environmental offenses, the responsibility for which is based on other regulations. In the conditions of such zones, the corresponding normative acts have specifics which distinguish their application in the territory of other states. Within the exclusive (marine) economic zone, coastal states have the right to carry out exploration, development, management of natural resources, to exercise jurisdiction over the conservation of the marine environment, to conduct marine research

SummaryPollution from many sources, over-fishing and the rapid development of Hong Kong have had powerful, adverse, impacts upon local marine life reducing it to but a shadow of what it once was. This paper describes Hong Kong's newly enacted Marine Parks Ordinance Chapter 37 1995, discusses the existing situation with regard to the designation of marine parks and reserves, and describes the special features of each one. It argues that a territory-wide strategy will have to be implemented if representative intertidal and coastal water communities are to survive. Coastal zone planning and management need to be among the Hong Kong Government's highest priorities because there are indications that the marine parks and reserves will not be successful. The threats to them are too great. Conservation legislation and coastal planning exercises should also be integrated with those of China as soon as possible, especially for areas of coastline surrounding Hong Kong. This is because development within southern China is proceeding at such a pace that Hong Kong's protected areas are now being threatened by external factors as well as internal ones.

Abstract Fish availability in the coastal landing center highlights the assumption of stocks in the marine fishing zone of the ocean. This study, therefore, aimed to analyze the availability of marine fishes in the Bangladesh Fisheries Development Corporation (BFDC) landing center, Cox’s Bazar, Bangladesh between January 2021 and May 2021. A total of 54 species were recorded, of which 42 were marine fishes, 7 were shellfishes and 5 were large fishes. The dominant orders were Perciformes (56%), Scombriformes (17%) and Clupeiformes (10%). More than 56% of the total marine fishes were classified as Least Concern, nearly 10% were categorized as Near Threatened and 2% were marked Vulnerable. The dominant orders of shellfish were Portunidae (43%), followed by Penaidae (29%), Loligonidae (14%) and Octopopidae (14%). Shrimp Penaeous monodon had the highest consumer demand, whereas consumer demand for non-conventional shellfish was comparatively low. Most of the shellfish were categorized as Least Concern. Among large fishes, the wider availability of sharks (five species) and rays (two species) was observed in the winter and monsoon season, although the consumer demand for those large fishes was low. The Vulnerable sharks and rays were Sphyma zygaena and Mobula birostris. This study elucidates the present scenario of marine fishes in the BFDC fish landing center, Cox’s Bazar, Bangladesh.

As an 'Ocean Nation,' it is essential for Taiwan to make efforts to conserve its aquatic zones through marine protected areas (MPAs). Marine protected areas have considered one of the most precise methods of maintaining sustainable ecosystems and restoring fish stocks. This article discusses the legal regime for marine protected areas currently applied and its institutional arrangements in Taiwan. This study emphasizes legal issues in Taiwan's marine conservation efforts. This paper analyzes eight primary legislation relating to marine protected areas in Taiwan. Furthermore, to acquire actual field data, this study conducted interviews with a semi-structured questionnaire in three prominent Taiwan institutions related to their marine conservation task. All data obtained were analyzed and presented qualitatively. The issues of Taiwan's marine protected area legal regime have been identified. First, the main issue in Taiwan is that the legal basis for marine conservation is the legislation applied to land. Second, the existing maritime law regime in Taiwan does not emphasize marine conservation efforts. Subsequently, this article also discusses institutional arrangements related to Taiwan's marine protected areas. This paper also offers possible solutions. Enforcing five key Acts related to marine conservation, particularly the 2015 Act of Coastal Zone Management and strengthening institutional Taiwan's Ocean Affairs Council, are the solutions offered in this study.

The location of the boundaries of territories and zones is a characteristic, neglect of which can jeopardize not just the fact of the integrity of the object, but also the question of its existence. Therefore, the individualization of objects has always been assigned a special role. On the example of unsuccessful attempts to determine the boundaries of Lake Baikal and the corresponding zones with special conditions for the use of territories, the article examines the features of the development of legislation in this area. A comprehensive analysis of the causes and consequences of incorrect determination of the boundaries of the coastline, coastal protective strip and water protection zone of Lake Baikal has been carried out. The spontaneous legal practical experience of law enforcers was taken into account, starting with the ideological and normative-conceptual model, which was forcedly formed in the conditions of unsystematic scientific and technical measures, ending with variations of judicial interpretations of the true will of the legislator. Drawing attention to the problems of unsystematic entry and use of information from the Unified State Register of Real Estate in the management of the coastal territories of Lake Baikal is one of the main goals of the authors of this publication. The article provides general recommendations for correcting the situation.

SUMMARYFisheries in Puerto Rico and the United States (US) Virgin Islands are predominately dependent on nearshore coral reef ecosystems and have suffered from historical overfishing. The unique characteristics of reef fisheries, including strong habitat dependence, susceptibility to coastal impacts, diffuse landing sites and strong multispecies and multigear interactions suggest that standard approaches to fisheries management, especially those typically considered by the US Regional Fishery Management Councils, would not be applicable. Current management authority is split between local and federal agencies; however, there exists no uniform context and direction to current management initiatives, which results in lost efficiencies and opportunities. Proposed here is a new vision for fisheries management that takes into consideration the local ecological and socioeconomic characteristics of fishing, is compatible with regional resources and capacity, is ecosystem based and targets full stakeholder participation. Only an ecosystem-based approach can lead fisheries management out of the trap of unrealistic data collection and analysis demands, while at the same time refocusing emphasis away from attitudes and practices that promote overfishing. Management must be based on first principles regarding the desired state of the ecosystem and initiate strategies based on these principles. The key management goal is not to maximize fisheries catch, but to maintain the ecosystem in a state that will lead to sustained production. First principles would include maintaining ecosystem integrity and function, protecting all habitats and water quality, applying the precautionary approach, monitoring reference points and recognizing that production has limits. Resulting management tactics include marine reserves (to meet multiple goals), closed spawning aggregations, gear restrictions to maintain trophic balance and habitats, targeted data collection and assessments, adopting co-management practices and using ecosystem or community-based metrics. Fisheries management must fully incorporate the tools, resources and methods available within coastal zone management and other environmental agencies, while standards within those programmes must protect ecosystem health. Implementation will require attending to structural barriers inherent within existing fisheries legislation and regulations, multiple jurisdictions and the current cultures of scientists, managers and fisherfolk. Initial efforts should focus on developing a common language and frame of reference for all stakeholders.

The purpose of the study as a result of exploratory scientific work is to clarify and disclose the main unsettled preconditions in Ukraine, which allows the deterioration of the qualitative state of natural objects, especially in the agricultural sphere. The necessity of eliminating differences between these transactions, the declared norms of the Constitution of Ukraine, and the existing legislation and laws that will be adopted in the future has been substantiated. For this, appropriate cadastral numbers must be assigned to each such natural object, embodying their corresponding geospatial location on Earth (GEO) — within the state border of Ukraine, including the coastal strip of the continental shelf of the exclusive (maritime) economic zone. It has been established that a significant corruption violation and the suitability of state regulation of land relations and nature management on agricultural lands is the absence of a still functioning State cadastre of soils in agricultural landscapes of Ukraine (State Cadastre of the Agricultural Sphere of Ukraine). It was found that due to the absence of a constitutionally declared special Law of Ukraine «On the Right to Use Natural Objects of Property Rights of the Ukrainian People» for a quarter of a century, the rights of their owner (all citizens of Ukraine) are violated and the unauthorized use of the nation’s capital occurs. As a result, the rights, duties and responsibilities of users of natural objects are not standardized, as well as full-fledged requirements for their rational use and protection on a paid basis in accordance with established regulations. This is especially true of fertile soils and other natural resources of the agrosphere. It has been proved that the absence of the Law of Ukraine «On the Right to Use Natural Objects of the Property Rights of the Ukrainian People» together with the State Cadastre of Soils in Agricultural Landscapes of Ukraine is the main prerequisite for the deterioration of the qualitative state of natural objects, especially in the agricultural sphere, in Ukraine.

The article touches upon the issues of law enforcement and court practice related to the collective rights of aboriginal communities.The purpose of the article is to reveal the content of the right to self-determination through the prism of the most significant cases related to indigenous peoples.The methodological basis of research is the general principles of scientific knowledge, widely used in works in the field of law: system-structural, formal-legal, comparative-legal, historical, methods of analysis and synthesis, analogies, etc. Particular attention was paid to the formal legal method, which was used by the authors of the study to analyze international judicial practice on the rights of indigenous peoples, as well as, in some cases, the national legislation of the countries participating in a particular case.The main results, scope of application. The right to self-determination of indigenous peoples is multicomponent and includes a number of specific elements and facets of interpretation. The authors have made an attempt to reveal the fundamental elements of the right to self-determination of indigenous peoples, which, in their opinion, consist of: the right to sovereignty as such, or autonomy and recognition as collective subjects of law, the right to land and resources, traditional nature management, autonomous education, mothertongue and culture.For each of the above-mentioned elements, a specific case is described, which was considered in international courts, primarily in the International Court of Justice, the Inter-American Court of Human Rights, the ECHR and etc.Conclusions. International recognition of a state through inclusion in the UN General Assembly is impossible without the permission of the Security Council; the issue of “effective occupation” has played and continues to play a large role in the issue of governance and sovereignty over a specific space and territory, and not only settlers, but also traditionally living indigenous peoples play a significant role;Indigenous peoples living in the coastal zone should have the right to dispose of income from the exploitation of the continental shelf; the relationship with the land is not only a matter of ownership and production, but a material and spiritual element that indigenous peoples must fully enjoy, if only to preserve their cultural heritage and pass it on to future generations; the status of “national minority” deprives the indigenous people of priority in the use of land for traditional reindeer herding; means of ensuring freedom of expression of indigenous peoples is an important element for the promotion of identity, language, culture, self-identification, collective rights.

Eni Starts Area 1 Production off Mexico via MODEC FPSO MODEC said first oil has flowed through FPSO MIAMTE MV34 operating in the Offshore Area 1 block in the Bay of Campeche off Mexico. The contractor was appointed by Eni Mexico for the supply, charter, and operation of the FPSO in the Eni-operated Offshore Area 1 block in 2018. The charter contract will run for an initial 15 years, with options for extension every year thereafter up to 5 additional years. Moored in a water depth of approximately 32 m some 10 km off Mexico’s coast, the FPSO is capable of handling 90,000 B/D of oil, 75 MMcf/D of gas, and 120,000 B/D of water injection with a storage capacity of 700,000 bbl of oil. The FPSO boasts a disconnectable tower yoke mooring system, a first-of-its-kind design in the industry. The system was developed to moor the FPSO in shallow water, while also allowing the unit to disconnect its mooring and depart the area to avoid winter storms and hurricanes in the Gulf of Mexico. The mooring system was developed by MODEC subsidiary SOFEC Inc. The mooring jacket was fabricated in Altamira, Mexico. Eni Starts Production from Ndungu EP Development Italy’s Eni has started production from the Ndungu Early Production (EP) development in Block 15/06 of the Angolan deep offshore, via the Ngoma FPSO. With an expected production rate in the range of 20,000 B/D, the project will sustain the plateau of the Ngoma, a 100,000-B/D, zero-discharge, and zero-process-flaring FPSO, upgraded in 2021 to minimize emissions. A further exploration and delineation campaign will be performed in Q2 2022 to assess the full potential of the overall assets of Ndungu. Ndungu EP is the third startup achieved by Eni Angola in Block 15/06 in the past 7 months, after Cuica Early Production and the Cabaca North Development Project. Block 15/06 is operated by Eni Angola with a 36.84% share. Sonangol Pesquisa e Produção (36.84%) and SSI Fifteen Ltd. (26.32%) comprise the rest of the joint venture. Aramco Discovers Natural Gas in Four Regions Saudi Aramco has discovered natural gas fields in four regions of the kingdom, the Saudi Press Agency (SPA) reported, citing Energy Minister Prince Abdulaziz bin Salman. The fields were found in the Empty Quarter desert located in the central area of the kingdom, near its northern border and in the eastern region, he said, according to SPA. Saudi Arabia wants to increase gas production and boost the share of natural gas in its energy mix to meet growing electricity consumption and to make more crude available for export. The minister said an unspecified number of fields were discovered and he mentioned five by name: Shadoon, in the central region; Shehab and Shurfa, in the Empty Quarter in the southeastern region; Umm Khansar, near the northern border with Iraq; and Samna in the eastern region. Two of the gas fields, Samna and Umm Khansar, were said to be “nonconventional” and possibly shale finds. Lukoil Completes Area 4 Deal in Mexico Russian producer Lukoil has completed a deal to become a lead stakeholder in an Area 4 shallow-water asset adjacent to Tabasco and Campeche in Mexico. Under the deal, Lukoil has acquired a 50% stake in the asset from US independent Fieldwood Energy, which filed for US bankruptcy protection in August 2020, for $685 million. The original deal was priced at $435 million; the additional $250 million is related to expenditures Fieldwood incurred since 1 January 2021. Fieldwood committed to invest $477 million to increase oil production from the Ichalkil and Pokoch fields from the current level of 25,000 B/D to a plateau level of 115,000 B/D. Situated in water depths between 35 and 45 m, the fields’ recoverable hydrocarbon reserves amount to 564 million BOE, more than 80% of which is crude oil. Production started in Q4 2021; current average oil production has exceeded 25,000 B/D. The approved work program includes drilling three development wells (two on Ichalkil and one on Pokoch), upgrading three production platforms, and performing seismic reprocessing and petrophysical studies. The remaining 50% stake in Area 4 is held by operator PetroBal, a subsidiary of Mexico’s GrupoBal. Petrobras Sells Polo Norte Capixaba Field Cluster In line with its strategy to concentrate resources on deepwater and ultradeepwater assets, Brazil’s Petrobras has sold 100% of its interest in Norte Capixaba cluster to Seacrest Exploração e Produção de Petróleo Ltda for $544 million, including a $66-million contingent payment. The cluster comprises four producing fields—Cancã, Fazenda Alegre, Fazenda São Rafael, and Fazenda Santa Luzia—and produced 6,470 BOE/D in 2021. The deal also includes the Norte Capixaba Terminal (TNC) and all production facilities. NewMed Targets Morocco Market Entry Israel-based NewMed Energy, formerly Delek Drilling, has identified Morocco as “a country with enormous geological and commercial potential,” in particular the Moroccan coastal areas in the Mediterranean and North Atlantic. The announcement comes a day after the Moroccan Minister of Industry and Trade, Ryad Mezzour, and his Israeli counterpart, Orna Barbivai, signed an MOU aimed at promoting investments and exchanges between the two countries in the digital design, food, automotive, aviation, textile, water technologies and renewable energies, medical equipment, and the pharmaceutical industries. In September 2021, the Israeli oil and gas exploration company obtained from the Moroccan ministry the exploration and study rights of the Dakhla Atlantic Block, which has an area of about 109000 km2. ExxonMobil Sells Nigerian Assets to Seplat ExxonMobil has agreed to sell its shallow-water assets in Nigeria to Seplat Energy for $1.28 billion plus a contingent consideration of $300 million. Seplat said it is acquiring a 40% operating stake in four oil leases to nearly triple its annual net production to 146,000 BOE/D. The deal also includes the Qua Iboe export terminal and a 51% interest in the Bonny River Terminal and natural gas liquids recovery plants at EAP and Oso. It does not include any of ExxonMobil’s deepwater fields in Nigeria. TotalEnergies Discovers Large Oil Field off Namibia TotalEnergies has made a significant discovery of light oil with associated gas on the Venus prospect, located in block 2913B in the Orange Basin, offshore southern Namibia. The Venus 1-X well encountered approximately 84 m of net oil pay in a good-quality Lower Cretaceous reservoir. The find’s potential reserves are estimated at 2 billion bbl of oil. “This discovery offshore Namibia and the very promising initial results prove the potential of this play in the Orange Basin, on which TotalEnergies owns an important position both in Namibia and South Africa,” said Kevin McLachlan, senior vice president exploration at TotalEnergies. “A comprehensive coring and logging program has been completed. This will enable the preparation of appraisal operations designed to assess the commerciality of this discovery.” Block 2913B covers approximately 8215 km2 in deep offshore Namibia. TotalEnergies is the operator with a 40% working interest, alongside QatarEnergy (30%), Impact Oil and Gas (20%), and NAMCOR (10%). CNPC Scoops Ishpingo Drilling Contract The first drilling contract at the Ishpingo oil field near Ecuador’s Yasuni National Park has been awarded to China National Petroleum Corp. (CNPC), Energy Minister Juan Carlos Bermeo told Reuters. Following the approval of a new hydrocarbon law and legislation, Ecuador plans to move forward with auctions and competitive processes for securing foreign and domestic capital for oil and gas exploration, production, transportation, and refining projects. The first drilling campaign to start after an environmental license was granted for the sensitive area will involve 40 wells over the next 18 months. It will focus on the field’s allowed zone without touching an area protected by a court ruling that has prevented extending drilling. Ishpingo is the latest part of the ITT-43 oil field in Ecuador’s Amazonia region to start drilling after Tambococha and Tiputini. It is expected to produce heavy oil to be added to the nation’s output of flagship Napo crude, Bermeo said. BP Brings Hershel Expansion Project On Line in US GOM BP has successfully started production from the Herschel Expansion project in the Gulf of Mexico—the first of four major projects scheduled to be delivered globally in 2022. Phase 1 comprises development of a new subsea production system and the first of up to three wells tied to the Na Kika platform in the Mississippi Canyon area. At its peak, this first well is expected to increase platform annual gross production by an estimated 10,600 BOE/D. The BP-operated well was drilled to a depth of approximately 19,000 ft and is located southeast of the Na Kika platform, approximately 140 miles off the coast of New Orleans. The project provides infrastructure for future well tie-in opportunities. BP and Shell each hold a 50% working interest in the development. Petrobras Kicks off Gulf of Mexico Asset Sales Petrobras has begun an asset sale program in the Gulf of Mexico, in line with the company’s strategy of debt reduction and pivot toward Brazilian deepwater production. The package for sale includes the company’s 20% stake in MP Gulf of Mexico (MPGoM) which holds ownership stakes in 15 fields in partnership with Murphy Oil. In addition to partnership-operated fields, MPGoM owns nonoperated interests in Occidental’s Lucius, Kosmos’ Kodiak, Shell’s Habanero, and Chevron’s St. Malo fields. During the first half of 2021, Petrobras’ share of production was 11,300 BOE/D. ExxonMobil Liza Phase 2 Underway off Guyana ExxonMobil started production of Liza Phase 2, Guyana’s second offshore oil development on the Stabroek Block; total production capacity is now more than 340,000 B/D in the 7 years since the country’s first discovery. Production at the Liza Unity FPSO is expected to reach its target of 220,000 bbl of oil later this year. The Stabroek Block’s recoverable resource base is estimated at more than 10 billion BOE. The current resource has the potential to support up to 10 projects. ExxonMobil anticipates that four FPSOs with a capacity of more than 800,000 B/D will be in operation on the block by year-end 2025. Payara, the third project in the block, is expected to produce approximately 220,000 BOPD using the Prosperity FPSO vessel, currently under construction. The field development plan and application for environmental authorization for the Yellowtail project, the fourth project in the block, have been submitted for government and regulatory approvals. The Liza Unity arrived in Guyana in October 2021. It is moored in water depth of about 1650 m and will store around 2 million bbl of crude. ExxonMobil affiliate Esso Exploration and Production Guyana Ltd. is the operator and holds 45% interest. Hess Guyana Exploration Ltd. holds 30% interest and CNOOC Petroleum Guyana Ltd. holds 25%. Dragon Finds Oil in Gulf of Suez UAE’s Dragon Oil has discovered oil in the Gulf of Suez, according to a statement from the Egyptian Minister of Petroleum and Mineral Resources. The field contains potential reserves of around 100 million bbl inside the northeastern region of Ramadan. That estimate makes it one of the largest oil finds in the region over the past 2 decades. Development plans were not reported but reserve numbers could expand, the ministry said. The oil field is the first discovery by Dragon Oil since it acquired 100% of BP’s Gulf of Suez Petroleum assets in 2019. Dragon Oil, wholly owned by Emirates National Oil Co., holds 100% interest in East Zeit Bay off the southern Gulf of Suez region. The 93-km2 block lies in shallow waters of 10 to 40 m.

Indonesia has a lot of potential such as marine potential, where since the enactment of Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone claims that the sea area is 200 miles wide, this adds to the jurisdiction of Indonesian waters as much as 2.7 million km2, therefore it is not surprising if Indonesia is known as an archipelago. In accordance with the nature of the Unitary State of the Republic of Indonesia as a rule of law, the development of a system of management of Coastal Areas and Small Islands as part of sustainable development that has environmental insight must be given a clear, firm and comprehensive legal basis to ensure legal certainty for efforts to manage the Territory Coastal and Small Islands then with the approval of the House of Representatives of the Republic of Indonesia and the President LAW No. 27 of 2007 concerning management of coastal areas and small islands. The legal basis is based on Pancasila and the 1945 Constitution to protect the natural resources contained in Indonesia are state obligations and state duties. This is stated in the Indonesian constitution, namely Article 33 paragraph (3) of the fourth Amendment of the 1945 Constitution which states that the earth and water and the wealth contained therein are controlled by the state, and are used for the greatest prosperity of the people. Based on this background and the results of a review of legislation (20 national laws) and conventions (5 international conventions) that the Indonesian government has ratified relating to the management of coastal areas, the government and the legislature form Law Number 27 Year 2007 concerning Management of Coastal Areas and Small Islands. On June 26, 2007, in its General Assembly, the Indonesian Parliament passed the Law on Management of Coastal Areas and Small Islands (PWP3K). In one chapter, chapter V regulates the utilization given in the form of coastal water concession rights, which is regulated in Article 16 up to Article 22. Management of integrated coastal areas (Integrated Coastal Zone Management or abbreviated as ICZM). Protection and management of coastal areas and small islands are regulated in Article 16 up to Article 20 of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, namely:: utilization is given in the form of HP-3 covering sea level and water ponds up to the surface of the sea floor, HP-3 is given in a certain area and time, must pay attention to the preservation of ecosystems, indigenous peoples, national interests, and peaceful crossing rights for foreign vessels, HP-3 is given to individuals, legal entities, and communities adat, granted for a period of 20 years and can be extended up to twice, HP-3 can switch, be transferred and become collateral for debt

346International tribunals — International Tribunal for the Law of the Sea — Jurisdiction — Advisory jurisdiction — Whether Tribunal having jurisdiction to give Advisory Opinion requested by Sub-Regional Fisheries Commission — Statute of Tribunal — Article 21 of Statute — Rules of Tribunal — Whether prerequisites for exercise of advisory jurisdiction satisfied — Article 138 of Rules — Advisory opinionSea — Treaties — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) — Illegal, unreported and unregulated fishing activities within exclusive economic zone — Obligation of flag State — Liability and responsibility — Obligation to take necessary measures — Articles 58(3), 62(4), 92, 94(6) and 192 of UNCLOS — Obligation of due diligence — Obligation of cooperationInternational organizations — International fisheries agreements — Fishing licence — Violation of coastal State legislation — Liability of international organization — Request for information on responsible party — Article 6(2) of Annex IX to UNCLOSEnvironment — Marine environment — Conservation — Sustainable management of shared stocks and stocks of common interest — Rights and obligations of coastal State — Articles 61(2), 63(1) and 64(1) of UNCLOS — Exchange of scientific information — Due diligence obligations to seek to agree and cooperate