Global Challenges and the Law of the

Sea 1st Edition Marta Chantal Ribeiro

(Editor)
Visit to download the full and correct content document:
https://textbookfull.com/product/global-challenges-and-the-law-of-the-sea-1st-edition-
marta-chantal-ribeiro-editor/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...

Global Challenges and the Law of the Sea 1st Edition

Marta Chantal Ribeiro (Editor)

https://textbookfull.com/product/global-challenges-and-the-law-
of-the-sea-1st-edition-marta-chantal-ribeiro-editor/

The International Law of the Sea 3rd Edition Yoshifumi

Tanaka

https://textbookfull.com/product/the-international-law-of-the-
sea-3rd-edition-yoshifumi-tanaka/

The United Nations Convention on the Law of the Sea 1st

Edition Siig

https://textbookfull.com/product/the-united-nations-convention-
on-the-law-of-the-sea-1st-edition-siig/

Marine Mammal Conservation and the Law of the Sea 1st

Edition Cameron S. G. Jefferies

https://textbookfull.com/product/marine-mammal-conservation-and-
the-law-of-the-sea-1st-edition-cameron-s-g-jefferies/
Indigenous Peoples, Marine Space and Resources, and
International Law : The Interaction Between
International Human Rights Law and the Law of the Sea
1st Edition Enyew
https://textbookfull.com/product/indigenous-peoples-marine-space-
and-resources-and-international-law-the-interaction-between-
international-human-rights-law-and-the-law-of-the-sea-1st-
edition-enyew/

Fishes of the Sea of Japan and the Adjacent Areas of

the Sea of Okhotsk and the Yellow Sea Lindberg

https://textbookfull.com/product/fishes-of-the-sea-of-japan-and-
the-adjacent-areas-of-the-sea-of-okhotsk-and-the-yellow-sea-
lindberg/

The Future of the Law of the Sea Bridging Gaps Between

National Individual and Common Interests 1st Edition
Gemma Andreone (Eds.)

https://textbookfull.com/product/the-future-of-the-law-of-the-
sea-bridging-gaps-between-national-individual-and-common-
interests-1st-edition-gemma-andreone-eds/

The Rule of Law in Global Governance 1st Edition Monika

Heupel

https://textbookfull.com/product/the-rule-of-law-in-global-
governance-1st-edition-monika-heupel/

Forbidden Tutor 7 Huntsmen Academy of Sin Book 2 1st

Edition Chantal Cross Cross Chantal

https://textbookfull.com/product/forbidden-tutor-7-huntsmen-
academy-of-sin-book-2-1st-edition-chantal-cross-cross-chantal/
Marta Chantal Ribeiro
Fernando Loureiro Bastos
Tore Henriksen Editors

Global
Challenges
and the Law
of the Sea
Global Challenges and the Law of the Sea
Marta Chantal Ribeiro •
Fernando Loureiro Bastos • Tore Henriksen
Editors

Global Challenges
and the Law of the Sea
Editors
Marta Chantal Ribeiro Fernando Loureiro Bastos
Faculty of Law Faculty of Law
University of Porto University of Lisbon
Porto, Portugal Lisbon, Portugal

Tore Henriksen
Faculty of Law
UiT The Arctic University of Norway
Tromsoe, Norway

ISBN 978-3-030-42670-5 ISBN 978-3-030-42671-2 (eBook)

https://doi.org/10.1007/978-3-030-42671-2

© Springer Nature Switzerland AG 2020

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the
material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation,
broadcasting, reproduction on microfilms or in any other physical way, and transmission or information
storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication
does not imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information in this
book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or
the editors give a warranty, expressed or implied, with respect to the material contained herein or for any
errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional
claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Switzerland AG.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Foreword

It is an honour for me to write a foreword for this volume on Global Challenges and
the Law of the Sea based on the contributions to the VIIth Colloquium of the
International Association of the Law of the Sea (hereinafter “the AssIDMer”), held
in Lisbon, Portugal, on 20–21 September 2018. I had the privilege of participating in
this Colloquium of the AssIDMer, which was co-hosted by the University of Porto,
the University of Lisbon and UiT the Arctic University of Norway.
The 1982 United Nations Convention on the Law of the Sea (hereinafter
“UNCLOS” or “the Convention”) is one of the most complex international treaties
that have ever been negotiated. While UNCLOS reaffirmed many provisions of
customary international law codified in the 1958 Geneva Conventions, its main
achievement was progressive development of international law. UNCLOS declares
the seabed, ocean floor and their mineral resources beyond limits of national
jurisdiction the common heritage of mankind and establishes the international
regime governing activities in that area, introduces concepts of exclusive economic
zone and archipelagic waters, clarifies the regime governing passage through straits
used for international navigation, defines the legal regime of the continental shelf
and establishes criteria to be used by coastal States in establishing the outer limits of
their continental shelf, contains extensive provisions concerning the protection and
preservation of the marine environment and provides for a mechanism, in the form of
compulsory procedures entailing binding decisions, that is supposed to ensure
compliance with the provisions of the Convention.
While UNCLOS represents the best effort on the part of international community
of States to address governance issues that required solution at the time of its
conclusion, the Convention did not resolve all of them. Consequently, while
UNCLOS quite rightly is being called “Constitution for the oceans” and there is
no doubt that conclusion of the Convention constituted a remarkable achievement, it
should also be understood that its resulting oceans governance regime still has gaps
which need to be addressed. This was clearly demonstrated by the fact that relatively
shortly after the conclusion of UNCLOS, two implementing agreements had to be
negotiated to supplement its provisions, namely the 1994 Agreement Relating to the

v
vi Foreword

Implementation of Part XI of the United Nations Convention on the Law of the Sea
of 10 December and the 1995 Agreement for the Implementation of the Provisions of
the United Nations Convention on the Law of the Sea of 10 December 1982 Relating
to the Conservation and Management of Straddling Fish Stocks and Highly Migra-
tory Fish Stocks.
It should also be understood that UNCLOS cannot provide and has never been
intended to provide an answer to every problem that arises. UNCLOS is a framework
convention. As a framework convention, which enjoys almost universal acceptance,
it has proved to be a flexible instrument serving as a solid legal foundation for the
further progressive development of the international law of the sea. UNCLOS
therefore should be viewed as a solid foundation for international governance of
maritime activities, which is an ongoing law-making process; as a platform on which
new emerging issues relating to the international governance of activities in the
oceans are to be addressed, gaps closed and deficiencies, if discovered, to be
corrected.
For many years, oceans have been viewed as capable of supporting any human
activity and their resources have been considered unlimited. In our days, it is
universally recognized that increasing human activities are pushing the oceans to
the limits of their ecological carrying capacity that marine resources are exhaustible
and that urgent actions are to be taken to ensure their sustainable use. UNCLOS,
which is now more than forty years old, does not address a number of emerging
issues such as the conservation of biodiversity, CO2 sequestration, the use of marine
genetic resources, the issues arising in connection with global warming and rapidly
increasing demand for energy sources. UNCLOS therefore needs to be
supplemented by additional regulatory regimes to meet these new challenges.
The need for further regulatory regime supplementing the Convention was
confirmed, when on 24 December 2017 the General Assembly of the United Nations
by resolution A/RES/249 decided to convene an intergovernmental conference “to
elaborate the text of an internationally legally binding instrument under the United
Nations Convention for the Law of the Sea on the conservation and sustainable use
of marine biological diversity in areas beyond national jurisdiction”.1 Multiple
complex issues that need to be resolved in this instrument were discussed at the
VIIth Colloquium of the AssIDMer and presentations made in this regard are
included in Part III of this volume.
The international community of States should seek solution to these emerging
issues through the process of international governance within the framework of
relevant existing institutions, first of all the United Nations, its agencies and related
organizations that provide fora where States and other actors can engage in dialogues
and negotiations which, if successful, should result in new norms and regulatory
regimes supplementary to the one established by the Convention and facilitating its
implementation.

1
General Assembly resolution 72/249, A/RES/248, of 24 December 2017.
Foreword vii

As pointed out by Patricia Birnie, Alan Boyle and Catherine Redgwell in their
book on “International Law and the Environment”, the term “governance” when
applied to the United Nations and its agencies implies rather less than global
government, a task for which no international organization is equipped, but more
the power to determine policy or initiate the process of international law-making. At
the very least, it captures the idea of a community of States with responsibility for
addressing common problems through a variety of political processes which are
inclusive in character, and which to some degree embody a limited sense of
collective interest, distinct in specific cases from the particular interests of individual
States.2
In our days, conservation and sustainable use of many of ocean resources should
be viewed as a matter of common concern. As noted by Birnie, Boyle and Redgwell,
the concept of “common concern” implies that international community of States as
a whole has a legitimate interest in such resources of global significance. It follows
from the above that the international community of States has a common responsi-
bility to ensure conservation and sustainable use of these resources and that indi-
vidual States have legal obligation vis-a-vis the whole international community of
States regarding the conservation and sustainable use of these resources and that
such obligation can be enforced by or on behalf of that community of States.3
The VIIth Colloquium of the AssIDMer presented an excellent opportunity to
look in detail at some of the global challenges that we face today in ocean gover-
nance. The presentations made at the Colloquium included in the present volume
constitute a reach overview of recent developments in various areas of ocean affairs
and provide their thorough analyses. They address the role of the international
organizations in the implementation and development of the law of the sea (Part I)
and the issue of protection and conservation of the areas beyond national jurisdiction
(Part III).
As to “superpowers, international courts and the law of the sea”, an issue
addressed in Part II of this volume, it was highlighted in one of my recent publica-
tions on the subject that judicial institutions constitute an integral element of this
governance process by providing authoritative guidance on what the law of the sea is
and by fostering the progressive development of international law. In this context, it
is crucial that international courts and tribunals continue to offer to States an efficient
and fair administration of justice that facilitates the peaceful and sustainable resolu-
tion of conflicts.
At the same time, there is the issue of use of international judicial proceedings by
States for political purposes. It is important to recognize that such cases can place
international courts and tribunals in a difficult position. The function of international
judicial bodies is to assist the parties in the peaceful settlement of their disputes, not
to aggravate disputes. Faced with politically motivated requests, it is incumbent

2
P. Birnie, A. Boyle, C. Redgwell (2009) International Law and the Environment. Third Edition,
Oxford University Press, pp. 152-154.
3
Id., pp. 203-204.
viii Foreword

upon international judicial institutions to exercise self-restraint and to restrict them-

selves to passing judgement on a dispute only to the extent that the Convention and
the States entrust them with jurisdiction. This does not mean that judicial bodies can
sidestep their duty to pass comprehensive judgement on cases validly submitted to
them. However, the need for judicial self-restraint where appropriate needs to be
emphasized.4
I am confident that this volume constitutes an important contribution to efforts of
international community to achieve a comprehensive fare governance of ocean
affairs.

International Tribunal for the Law Vladimir Golitsyn

of the Sea, Hamburg, Germany
New York, USA
May 2019

4
Golitsyn (2019) Adjudication of maritime disputes. In: Elvik G, Clifton M-J, Haas T, Lourenço L,
Schwiesow K (eds) The art of judicial reasoning, festschrift in honour of carl baudenbacher.
Springer International Publishing, Cham, pp 207–208.
Preface

The international law of the sea is one of the most dynamic areas of contemporary
international law. The radical transformation of international law of the sea that
began in 1945 with the emergence of the legal concept of continental shelf did not
end in 1982 with the conclusion of the negotiations on the United Nations Conven-
tion on the Law of the Sea. The ‘Constitution of the Oceans’, as a framework
convention, provides adequate responses to the international legal regulation of a
very diverse range of matters, but, at the same time, shows the limitations arising
from the historical epoch in which it was negotiated. It should be stressed that a
number of legal problems have arisen in recent decades which require innovative
legal solutions and imply a balance between global interests, sovereign powers and
the jurisdiction of coastal States. Relevant examples are the need to find regional and
global legal responses to the preservation of marine biodiversity, the effects that the
sea level rise could have on the terrestrial territory of States, on the demarcation lines
of their spaces and on the forced displacement of their populations, the transforma-
tion of the Arctic frozen space into an ocean open to international navigation and the
exploitation of living and non-living natural resources.
This book has been organized and structured as a contribution to the understand-
ing of the tension arising from the need to provide innovative legal solutions to new
and complex issues of a global scope and nature and the relevance of international
legal concepts that were created and established by State practice when the sea was
an endless space and timid progress was made regarding the conservation of living
resources. The first readers of this volume are international lawyers interested in
following the evolution of some important areas of international law of the sea, in
particular the role played for its progressive development by international organiza-
tions and conflict resolution mechanisms as well as the current challenges and
achievements on the conservation and sustainable use of areas beyond national
jurisdiction. Considering the way in which chapters have been structured and
written, it may be equally suited to readers interested in the academic literature on
the functioning of international regimes applicable to the seas and oceans as well as

ix
x Preface

the distribution of power amongst international entities and States in maritime

spaces.
The volume is based on the contributions that were initially presented at the VIIth
Colloquium of the AssIDMer (International Association of the Law of the Sea),
which took place in Lisbon on 20–21 September 2018. The draft versions of the
chapters were subject to peer review by members of the scientific committee of the
Colloquium and renowned scholars before being approved for publication. The final
version of the chapters is now presented, divided into three thematic parts. The first
part includes a presentation of examples of the role of international organizations in
ocean governance. It includes twelve chapters covering a very diverse set of matters,
both materially and geographically, demonstrating the importance that the coordi-
nated actions of States have in obtaining harmonized solutions for the pursuit of
activities in maritime spaces in the fields of navigation, fisheries or maritime
security. The second part involves the way in which conflict resolution mechanisms
may be relevant to the understanding of the contents of the international law of the
sea and the international legal framework for the action of the great maritime powers.
It is composed of three chapters, examining stakeholders’ role in dispute settlement,
the position taken by China and the Russian Federation regarding international
litigation in maritime spaces and how the South China Sea Award may be relevant
to the debate on the international legal concepts of rock and island. The third part is
an exposition of the way the question of environmental protection, conservation and
sustainable use of areas beyond national jurisdiction is currently being discussed.
The seven chapters of this part report on the progress of the ongoing negotiations
for a new high sea international legal regime and the establishment and
operationalization of environmental regimes in international maritime spaces.
The editors of this volume express their gratitude to the International Association
of the Law of the Sea, in the person of its President, Professor Giuseppe Cataldi, for
the support given to the publication of this volume; to all peer reviewers for their
dedication in contributing to the quality of diverse chapters; to the Fundação Oceano
Azul, in the person of its President, Dr. José Soares dos Santos, and CEO Dr. Tiago
da Pitta e Cunha; to the Jebsen Centre for the Law of the Sea (UiT the Arctic
University of Norway); to the Foundation for Science and Technology (Portugal); to
the University of Porto and to the ICJP—Instituto de Ciências Jurídico-Políticas
(Faculty of Law of the University of Lisboa) for the earlier support given to the
Colloquium which formed the basis for this volume.

Porto, Portugal Marta Chantal Ribeiro

Lisbon, Portugal Fernando Loureiro Bastos
Tromsoe, Norway Tore Henriksen
18 October 2019
Contents

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Giuseppe Cataldi

Part I The Role of the International Organizations in the

Implementation and Development of the Law of the Sea
2 Implementation of the Rules of the UNCLOS Through
Universal and Regional Organizations . . . . . . . . . . . . . . . . . . . . . . 9
Mariko Kawano
3 International Organizations and the Protection of the Marine
Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Pradeep A. Singh
4 The Arctic Ocean: Are We Ready to Govern a New Ocean? . . . . . . 59
Timo Koivurova, Stefan Kirchner, and Pirjo Kleemola-Juntunen
5 Regional Fisheries Management Organizations . . . . . . . . . . . . . . . . 81
Erik J. Molenaar
6 Considerations on Some Global Institutional Challenges
Within the Context of the Conservation and Management
of Marine Living Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Fernando Correia Cardoso
7 Market-Based Measures Against Illegal, Unreported and
Unregulated Fishing in Indonesian Waters . . . . . . . . . . . . . . . . . . . 121
Dita Liliansa
8 Sea-Level Rise in Relation to International Law:
A New Topic for the United Nations International Law
Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Patrícia Galvão Teles

xi
xii Contents

9 The Impact of UN Sanctions on Commercial Shipping

Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Richard L. Kilpatrick
10 Security Council’s Contribution to the Evolution of the Law
of the Sea: Avant Garde or Self-Limitation? . . . . . . . . . . . . . . . . . . 177
Kiara Neri
11 The Challenges of the Commission on the Limits of
the Continental Shelf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Aldino Santos de Campos
12 UN Food and Agriculture Organization: Exercising Legal
Personality to Implement the UN Convention on the Law
of the Sea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Anastasia Telesetsky
13 Maritime Surveillance of the EU External Sea Borders:
Extensive Approaches and Operational Challenges to
the Principles of Coastal and Flag State Jurisdiction in Italy . . . . . . 221
Marco Fantinato

Part II Superpowers, International Courts and the Law of the Sea:

Challenges for the Global Oceans Regime
14 Stakeholders in Dispute Settlement Under the UN Convention
on the Law of the Sea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
Natalie Klein
15 The Legal Status of the São Pedro and São Paulo Archipelago
in Light of Article 121 of UNCLOS and the South China Sea
Arbitral Award: Uncontested Right to EEZ and Continental
Shelf or Brazilian “Creeping Jurisdiction”? . . . . . . . . . . . . . . . . . . 263
Victor Alencar Mayer Feitosa Ventura and Eduardo Cavalcanti
Mello Filho
16 Implementing the Law of the Sea: Russia and Arbitrations
Under Annex VII to UNCLOS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Grant Kynaston and Rebecca Brown

Part III The Protection and Conservation of the Areas Beyond

National Jurisdiction: Where Do We Stand?
17 The Conservation and Sustainable Use of the Ocean in Areas
Beyond National Jurisdiction: Where Do We Stand? . . . . . . . . . . . 321
Miguel de Serpa Soares
18 Regulating the Common Heritage of Mankind: Challenges in
Developing a Mining Code for the Area . . . . . . . . . . . . . . . . . . . . . 333
Hannah Lily and Stephen E. Roady
Contents xiii

19 Three Structural Pillars of the Future International Legally

Binding Instrument on the Conservation and Sustainable
Use of Marine Biodiversity of Areas Beyond National
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
Catherine Blanchard, Otto Spijkers, and Wen Duan
20 The European Union and the Future International Legally
Binding Instrument on Marine Biodiversity Beyond National
Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
Pascale Ricard
21 The EU and the UN Legally-Binding Instrument on the Areas
Beyond National Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
Luigimaria Riccardi
22 Solving the Potential Conflict: High Seas Marine Protected
Areas and Sovereign Rights Over the Continental Shelf Beyond
200 Nautical Miles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Inês Aguiar Branco
23 North East Atlantic Marine Protected Areas Beyond National
Jurisdiction. Geographical and Material Scope . . . . . . . . . . . . . . . . 443
Marta Sobrido-Prieto
About the Editors

Marta Chantal Ribeiro Assistant Professor of public law, with tenure, at the
Faculty of Law, University of Porto and Principal Investigator at the Law of the
Sea Research Group of the Interdisciplinary Centre of Marine and Environmental
Research (CIIMAR, University of Porto)

Fernando Loureiro Bastos Associate Professor of public law at the Faculty of

Law, University of Lisbon. Head of Research Group (HRG) on International
and European Law of the Lisbon Centre for Research in Public Law. Director
of Studies of the SPDI—Sociedade Portuguesa de Direito Internacional (Portuguese
Branch of the International Law Association). Chairman of the Institute of Legal
Cooperation of the Faculty of Law, University of Lisbon

Tore Henriksen Professor of law at the Faculty of Law, UiT the Arctic University
of Norway (since 2008). Director of the Norwegian Centre for the Law of the Sea
(previously K. G. Jebsen Centre for the Law of the Sea)

xv
Abbreviations

1995 FSA Agreement for the Implementation of the

Provisions of the UN Convention on the Law of
the Sea of 10 December 1982 Relating to the
Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks
2030 Agenda 2030 Agenda for Sustainable Development
Abidjan Convention Convention for Co-operation in the Protection and
Development of the Marine and Coastal
Environment of the West and Central African
Region
ABMT Area-based management tools
ABNJ Areas Beyond National Jurisdiction
AC Arctic Council
ACDS ASEAN Catch Documentation Schemes
AEPS Arctic Environmental Protection Strategy 1991
AG Attorney General
AHWG Ad Hoc OICP Working Group
AMSA Arctic Marine Shipping Assessment
AMSP Arctic Marine Strategic Plan and Unregulated
Fishing
APEI Areas of Particular Environmental Interest
APFIC Asia-Pacific Fishery Commission
ASEAN Association of Southeast Asian Nations
AWNJ Areas within national jurisdiction
AWPPA Arctic Waters Pollution Prevention Act
Barcelona Convention Convention for the Protection of the Marine
Environment and the Coastal Region of the
Mediterranean
BBNJ Biodiversity Beyond National Jurisdiction
BIMCO Baltic and International Maritime Council

xvii
xviii Abbreviations

Bucharest Convention Convention on the Protection of the Black Sea

against Pollution
BWM International Convention for the Control and
Management of Ships’ Ballast Water and
Sediments
CAMLR Convention on the Conservation of Antarctic
Marine Living Resources
CAO Central Arctic Ocean
CB&TT Capacity-Building and the Transfer of Marine
Technology
CBD Convention on Biological Diversity
CCAMLR Commission for the Conservation of Antarctic
Marine Living Resources
CCSBT Commission for the Conservation of Southern
Bluefin Tuna
CCZ Clarion-Clipperton Fracture Zone
CEP Caspian Environment Programme
CFMS Conservation and management of fish stocks
CITES Convention on International Trade in Endangered
Species of Wild Fauna and Flora 1973
CLCS Commission on the Limits of the Continental Shelf
CMS Convention on the Conservation of Migratory
Species of Wild Animals
COBSEA Coordinating Body on the Seas of East Asia
COFI FAO Committee on Fisheries
COLREGs International Regulations for Preventing Collisions
at Sea
COMAR Common Foreign and Security Policy Working
Party on the Law of the Sea
COMHAFAT-ATLAFCO Ministerial Conference of Fisheries Cooperation
among African States Bordering the Atlantic
COP Conference of the Parties
COREP Regional Commission of Fisheries of Gulf of
Guinea
CPPS Permanent Commission for the South Pacific
CRFM Caribbean Regional Fisheries Mechanism
CS Continental Shelf
CTMFM Joint Technical Commission of the Maritime Front
DOALOS United Nations Division for Ocean Affairs and the
Law of the Sea
DPRK Democratic People’s Republic of Korea
East Asian Seas Action Plan Action Plan for the Protection and Development of
the Marine Environment and Coastal Areas of the
East Asian Seas Region
Abbreviations xix

EBSA Ecologically or biologically significant marine area

ECCAS Economic Community of Central African States
ECJ Court of Justice of the European Union
EEZ Exclusive Economic Zone
EFCA European Fisheries Control Agency
EIA Environmental impact assessment
EIS Environmental impact statement
EMMP Environmental Management and Monitoring Plan
EU European Union
FAO Food and Agricultural Organization of the United
Nations
FAO Compliance Agreement Agreement to Promote Compliance with
International Conservation and Management
Measures by Fishing Vessels on the High Seas of
1993
FAO PSMA Agreement on Port State Measures to Prevent,
Deter and Eliminate Illegal Unreported and
Unregulated Fishing of 2009
FCWC Fishery Committee of the West Central Gulf of
Guinea
FFA Pacific Islands Forum Fisheries Agency
GATT General Agreement on Tariffs and Trade
GESAMP Joint Group of Experts on the Scientific Aspects of
Marine Environmental Protection
GFCM General Fisheries Commission for the
Mediterranean
HELCOM Baltic Marine Environment Protection
Commission—Helsinki Commission
HIMI Heard Island and McDonald Islands
HR High Representative for Foreign Affairs and
Security Policy
HS High seas
IAEA International Atomic Energy Agency
IATTC Inter-American Tropical Tuna Commission
Ibid. Ibidem
ICCAT International Commission for the Conservation of
Atlantic Tunas
ICES International Council for the Exploration of Seas
ICJ International Court of Justice
ICP United Nations Open-ended Informal Consultative
Process on Oceans and the Law of the Sea
ICRW International Convention for the Regulation of
Whaling 1946
Id. Idem
IgC Intergovernmental Conference
xx Abbreviations

IGC Intergovernmental conference on marine

biodiversity of areas beyond national jurisdiction
IHO International Hydrographic Organization
ILA International Law Association
ILBI International legally binding instrument 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
ILC United Nations International Law Commission
ILM International Legal Materials
IMCO International Maritime Consultative Organization
IMO International Maritime Organization
INPFC International North Pacific Fisheries Commission
IOC Intergovernmental Oceanographic Commission
(of the UNESCO)
IOs International organizations
IOSEA Indian Ocean–South-East Asian Marine Turtle
memorandum of understanding
IOTC Indian Ocean Tuna Commission
IPHC International Pacific Halibut Commission
IPOA-IUU International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated
Fishing
IRISL Islamic Republic of Iran Shipping Lines
ISA International Seabed Authority
ITLOS International Tribunal for the Law of the Sea
IUCN International Union for Conservation of Nature and
Natural Resources
IUU Illegal, unreported and unregulated Fishing
IWC International Whaling Commission
JCPOA Joint Comprehensive Plan of Action
Jeddah Convention Convention for the Conservation of the Red Sea
and the Gulf of Aden Environment
JNRFC Joint Norwegian–Russian Fisheries Commission
Kuwait Convention Kuwait Regional Convention for Cooperation on
the Protection of the Marine Environment from
Pollution
LC/LP London Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter
1972 and the London Protocol 1996
Lima Convention Convention for the Protection of the Marine
Environment and Coastal Area of the Southeast
Pacific
Abbreviations xxi

LTC Legal and Technical Commission of the ISA

MARPOL International Convention for the Prevention of
Pollution from Ships
MEPC Marine Environment Protection Committee (of the
IMO)
MGRs/MGR Marine genetic resources
MPAs/MPA Marine protected area
MSC Maritime Safety Committee (of the IMO)
MSR Marine scientific research
NAFO Northwest Atlantic Fisheries Organization
NAMMCO North Atlantic Marine Mammal Commission
NASCO North Atlantic Salmon Conservation Organization
NATO North Atlantic Treaty Organization
NEAFC North East Atlantic Fisheries Commission
NEAFC Convention Convention on future multilateral cooperation in
the North East Atlantic Fisheries
NGO Non-governmental organisation
nm Nautical miles
NOAA National Oceanic and Atmospheric Administration
Noumea Convention Convention for the Protection of the Natural
Resources and Environment of the South Pacific
Region
NOWPAP Action Plan for the Protection, Management and
Development of the Marine and Coastal
Environment of the Northwest Pacific Action Plan
NPAFC North Pacific Anadromous Fish Commission
NPFC North Pacific Fisheries Commission
NPOA-IUU National Plan of Action to Prevent, Deter and
Eliminate IUU Fishing
OCS Continental shelf beyond 200 nm
OICP Open-ended Informal Consultative Process on
Oceans and the Law of the Sea
OJ Official Journal
OLDEPESCA Latin American Organization for Fisheries
Development
OSPAR Convention for the Protection of the Marine
Environment of the North-East Atlantic
OSPESCA Central American Fisheries and Aquaculture
Organization
P&I Clubs Protection and Indemnity Clubs
P5+1 Permanent Five Members of the Security Council,
and Germany, European Union
PERSGA Regional Organization for the Conservation of the
Environment in the Red Sea and Gulf of Aden
xxii Abbreviations

PICES North Pacific Marine Science Organization

PPME Protection and preservation of the marine
environment
PrepCom Preparatory Committee established by General
Assembly resolution 69/292
PSC Pacific Salmon Commission
PSM Agreement Agreement on Port State Measures to Prevent,
Deter and Eliminate Illegal, Unreported and
Unregulated Fishing
PSSA Particularly Sensitive Sea Areas
PT PBR PT Pusaka Benjina Resources
REA Regional arrangement for the protection and
preservation of the marine environment
REC Regional environmental convention
ReCAAP Agreement on Combating Piracy and Armed
Robbery against Ships in Asia
RECOFI Regional Commission for Fisheries
REIO Regional Economic Integration Organization
REMP Regional Environmental Management Plan
REO Regional organization for the protection and
preservation of the marine environment
RFMA Regional fisheries management arrangements
RFMOs/RFMO Regional Fisheries Management Organizations
RFVR Regional Fishing Vessels Record
RIO Regional Integration Organization
ROPME Regional Organization for the Protection of the
Marine Environment
RPOA-IUU Regional Plan of Action to Promote Responsible
Fishing Practices including Combating IUU
Fishing in the Region
RSP Regional Seas Programmes
SADC Southern African Development Community
SDG Sustainable development goals
SEA Strategic environmental assessment
SEAFDEC Southeast Asian Fisheries Development Center
SEAFO South East Atlantic Fisheries Organisation
SFRC Sub-Regional Fisheries Commission
SHADE group Shared Awareness and Deconfliction group
SIDS Small island developing States
SIKPI Surat Izin Kapal Pengangkut Ikan
SIOFA Southern Indian Ocean Fisheries Agreement
SIPI Surat Izin Penangkapan Ikan
SIUP Surat Izin Usaha Perikanan
Abbreviations xxiii

SOLAS International Convention for the Safety of Lives at

Sea
SPLOS State Parties to the 1982 United Nations
Convention on the Law of the Sea
SPRFMO South Pacific Regional Fisheries Management
Organisation
SWIOFC South West Indian Ocean Fisheries Commission
Tehran Convention Framework Convention for the Protection of the
Marine Environment of the Caspian Sea
TEU Treaty of the European Union
TFG Transitional federal government, Republic of
Somalia
UN United Nations
UNCED United Nations Conference on Environment and
Development
UNCLOS United Nations Convention on the Law of the Sea
1982
UNEP United Nations Environment Programme
UNESCO United Nations Educational, Scientific and Cultural
Organization
UNFS Agreement United Nations Agreement for the Implementation
of the Provisions of the Convention relating to the
Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks
UNGA United Nations General Assembly
UNSC United Nations Security Council
UNSC Res United Nations Security Council Resolution
UNTS United Nations Treaty Series
US United States of America
UVI Unique vessel identifier
VGFSP Voluntary Guidelines for Catch Documentation
Schemes
WCPFC Western and Central Pacific Fisheries Commission
|Commission for the Conservation and
Management of Highly Migratory Fish Stocks in
the Western and Central Pacific Ocean
WECAFC Western Central Atlantic Fishery Commission
WG Working group
Working Group Ad Hoc Open-ended Informal Working Group to
study issues relating to the conservation and
sustainable use of marine biological diversity
beyond areas of national jurisdiction
WTO World Trade Organization
Chapter 1
Introduction

Giuseppe Cataldi

Abstract AssIDMer was established, in 2001, exactly for the purpose of promoting
research activities on issues relating to the Law of the Sea by academics, civil
servants and legal practitioners. It is an honor, therefore, for its President, to make
some general points on the topic of “Global Challenges and the Law of the Sea”,
which are meant to constitute a basic background premise to the chapters that follow.
First of all, the maritime issues herein discussed illustrate the vitality of the Law of
the Sea, even if an element that can be considered common to many current issues of
this topic is the rapid aging of international legal instruments available. Secondly, a
free and open maritime order based on the rule of law must be considered as a
cornerstone for the stability and prosperity of the international community; this
implies that the old unilateralist ethics of the “creeping jurisdiction” must today
give way to the demands of co-operation imperatives that are functionally necessary
for the common interests of the international community. Finally, protection of
marine environment and resources is an emerging key priority at global level; in
particular, it has to be stressed that the deep sea represents the world’s largest
environment: though largely unexplored, it provides for one of the highest levels
of biodiversity on our planet and for a wide variety of ecosystem services.

It is an honor for the President of the “International Association of the Law of the
Sea” (AssIDMer), to write a brief Introduction to this volume, in which most of the
chapters enclosed reproduce the papers submitted at the Association’s seventh
ordinary Colloquium, which took place in Lisbon in September 2018.
The intention, in the following pages, is simply to make some general points on
the topic of “Global Challenges and the Law of the Sea” which came to mind after
reading the thorough and interesting chapters herein contained. The general points,
which are meant to constitute a basic background premise to the specific develop-
ments that will be provided below in the volume, are as follows:

G. Cataldi (*)
University of Naples “L’Orientale”, Department of Human and Social Sciences, Napoli, Italy
e-mail: gcataldi@unior.it

© Springer Nature Switzerland AG 2020 1

M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_1
2 G. Cataldi

(a) The maritime issues herein discussed illustrate the vitality of the Law of the Sea.
For a long time, it was wrongly believed that with the entry into force of the
United Nations Convention on the Law of the Sea (UNCLOS), research and
debate on the issue, so intense during the years of the Third United Nations
Conference on the Law of the Sea, were old-fashioned and obsolete, the codi-
fication having provided all the necessary answers. If we go through recent
books, articles and proceedings on the Law of the Sea, we can see that the
younger generations of European internationalists seem to have long forgotten
the subject. They appear to have left it to their older Professors, preferring more
fashionable themes, such as environmental law, human rights and international
criminal law. On the contrary, practice has shown the inaccuracy of the assump-
tions underlying this behavior and it is therefore appropriate that younger
generations of researchers deal with and study this area of International Law.
It is a comforting sign of a change in attitude that the editors have been able to
obtain quality contributions to this volume from so many young researchers.
(b) There is one element that can be considered common to many current issues of
the Law of the Sea: the rapid aging of international legal instruments available.
First of all, we still have the habit of talking about UNCLOS as the “new Law of
the Sea”, even though it was opened for signature nearly 40 years ago, while
during this same period the structure and the very composition of the interna-
tional community have undergone profound changes following phenomena that
have marked an era: the fall of the Berlin Wall, the existence of new technolog-
ical instruments in what is called “globalization”, the birth of the World Trade
Organization, an increased sensitivity to the demands of the individual vis-à-vis
States and multinational companies, the events of 11 September 2001, disasters
such as Chernobyl or Fukushima, the so called “Arab Spring” and the conse-
quent migration issues. All these occurrences necessarily determined the birth
and development of a series of new and unforeseen problems which must be
addressed by legal instruments forged in and for a different historical-political
context. It is worth noting, for example, that biological diversity, and therefore
the need for its protection, is nearly absent in UNCLOS, which takes into
consideration the “conservation of biological resources” for the sole purpose
of ensuring its optimal use based on the criterion of maximum sustainable
exploitation (maximum sustainable yield—UNCLOS, Arts 61 and 62). The
notion of biodiversity has been included in the international legal system since
the last decade of the twentieth century, with the adoption of the UN Convention
on Biological Diversity (UN, 1992).
(c) A free and open maritime order based on the rule of law is a cornerstone for the
stability and prosperity of the international community. It is therefore crucially
important that freedom of navigation, connectivity among regions and cooper-
ation on capacity building is ensured among all coastal States. The different
nature of criminal activities at sea calls for a diversified response and a compre-
hensive analysis of all its aspects. The continued instability in several areas of
the Middle East, Africa and Asia has resulted in an unprecedented displacement
of people on a global level and an increased influx of migrants and refugees in
1 Introduction 3

Europe, especially through its South-eastern and Mediterranean borders. The

management of the migration crisis is a complex process that requires significant
capacities and cooperation/coordination amongst several stakeholders (human-
itarian aid and civil protection actors, EU and UN agencies, NGOs involved on
day-to-day management of the migration crisis, national authorities).
(d) Unfortunately, we are currently witnessing an exacerbation of interstate con-
flicts. In Europe, sovereign tendencies and the crisis of multilateralism are
tangible evidence, but elsewhere too we are not witnessing any steps forward
on the path of cooperation. Concerning in particular the Law of the Sea, the
question of the South China Sea is the best (but not the only) example. Unilat-
eralist interpretations of institutions such as the Exclusive Economic Zone (EEZ)
or the right of innocent passage are increasing, as are, unfortunately, unilateral
initiatives that are contrary to UNCLOS as well as the United Nations Charter
and international customary law. Once again, the hope is that cooperation,
especially through joint initiatives for the exploitation of living or mineral
wealth, can be affirmed for the benefit of local communities as well as of the
entire international community. For example, we must ask whether the delimi-
tation of marine spaces is always necessary or if, in the interest of coastal
communities, another option could be more appropriate as a first choice, namely
the joint exploitation of resources or, if this is difficult, cooperation on specific
issues such as the protection of the marine environment, marine scientific
research, the fight against terrorism, without prejudice to States’ respective
claims. Delimitation does not make much sense, in other words, when it
comes to delimiting resources rather than communities. Unfortunately, the desire
to assert sovereign power imposes other priorities. The old unilateralist ethics of
the “creeping jurisdiction” that historically underlies the Law of the Sea, in our
opinion, must today give way to the demands of co-operation imperatives that
are functionally necessary for the common interests of the international commu-
nity, including optimal management of resources, safeguarding navigation and
international trade, preservation and protection of the marine environment,
management of migratory flows, the fight against piracy, terrorism and transna-
tional crime.
(e) Protection of marine resources is an emerging key priority at global level, with
food security in much of the developing as well as developed world dependent
on stopping the decline in fish stocks driven by overfishing and climate change.
It is estimated that about one-fifth of all fish taken from our oceans have been
fished illegally or lack any control, as a result of widespread illegal, unreported
and unregulated (IUU) fishing. The economic development and welfare of island
and coastal nations world-wide is threatened both by IUU fishing and illegal
trafficking of every sort. Illegal fishing also exacerbates the problem of
overfishing, because IUU vessels frequently operate in marine protected areas
(MPAs) where a total fishing ban has been imposed. Indeed, as in marine nursery
areas, within MPAs fishing activities are often banned all year round. In the past
decade Satellite-based maritime surveillance has proven its potential to contrib-
ute efficiently to maritime surveillance, but there is much scope for improvement
4 G. Cataldi

regarding its integration in Law enforcement sectors, such as IUU fishing and
monitoring of illegal fishing vessels.
(f) The degradation of the marine environment also presents crucial security chal-
lenges in terms of disruption of national economies, potential displacement of
people, degeneration of national identities and the crucially important aspect of
loss of lives. The rising of sea levels, sea water acidification and global warming
require scientific research and capacity building, effective and robust legislation/
regulations, tailored incentives, education and communication plans as well as
the creation of robust partnerships among academia, industry, public institutions
and regulatory bodies. Advanced monitoring systems are crucial to understand
the dynamics of the planet and the changes that are taking place.
(g) The deep sea represents the world’s largest environment; nevertheless, and
though largely unexplored, it provides for one of the highest levels of biodiver-
sity on our planet and for a wide variety of ecosystem services. Some of these
ecosystem services are unique, irreplaceable, and play a key role in sustaining
human well-being. Unfortunately, due to technological development and the
depletion of shallow-water resources, deep sea ecosystems are being increas-
ingly exploited and, unexpectedly, greatly affected by anthropogenic stressors
and climate change. In addition, once impacted, the costs for the restoration of
deep-sea ecosystems are much higher than those estimated for shallow-water
ones.
These are only some of the “Global Challenges” presently at stake. Indeed, while
the present global socio-economic situation and its ongoing trends do not allow for
inefficiencies and fragmented approaches, and even though in recent years the
dialogue between scholars and decision-makers has significantly progressed, there
are still numerous barriers and bottlenecks that need to be progressively removed,
notably cultural differences and institutional barriers. In general, scientists construct
theories and refine conceptual models over time based on rigorous methodological
approaches to withstand the highest degrees of public scrutiny and criticism, while in
the world of decision-making, science is just one point of view, frequently not the
most influential, and the need for decisions is immediate. The time has come to
overcome these barriers. This would have several and very relevant added values:
speed up the process, streamline resources, promote socio-economic development,
assure use and advancement of knowledge, encourage more robust decisions,
provide more resources to research and innovation. Stakeholders and civil society
will benefit greatly from such cooperation. AssIDMer was established, in 2001,
exactly for this purpose. The idea is to promote research activities on issues relating
to the Law of the Sea by academics, civil servants and legal practitioners. The
objective is to set up an independent institution in order to develop a dynamic
legal community of lawyers involved in matters regarding the Law of the Sea and
to promote cooperative links among experts all around the globe. In expanding its
efforts to contribute to the development of the international Law of the Sea,
AssIDMer values research, symposia and publications such as this prolific and
highly noteworthy volume.
1 Introduction 5

Giuseppe Cataldi Professor of international law in the University of Napoli “L’Orientale”.

Coordinator of the European Network Jean Monnet “MAPS” (Migration and Asylum Policy
Systems). He is the President of the International Association for the Law of the Sea (AssIDMer),
author and editor of many articles and books on international law and European Union Law issues.
EMUNI Management Board Member (former Senate Member). Cofounder and co-director of
“Diritti umani e diritto internazionale”, co-director of ‘The Italian Yearbook of International
Law’. Member of the Italian Society of International Law (Vice-President, 2012–2013) and of
the Société française de droit international.
 Part I
The Role of the International Organizations
in the Implementation and Development
of the Law of the Sea
Chapter 2
Implementation of the Rules
of the UNCLOS Through Universal
and Regional Organizations

Mariko Kawano

Abstract Under the United Nations Convention on the Law of the Sea (UNCLOS),
international cooperation through universal, regional, or subregional organizations is
particularly important for the purpose of the implementation of the rules concerning
the conservation and management of the fish stocks (CMFS) and the protection and
preservation of the marine environment (PPME). There were numerous international
organizations or conventional arrangements for these purposes even before the
UNCLOS. However, since the adoption of the UNCLOS, by considering the new
development of scientific and technological knowledge and recognizing the needs of
new legal rules and approaches to respond to them, new organizations and arrange-
ments have been established both for CMFS and for PPME. Moreover, the organi-
zations and arrangements prior to the UNCLOS have been reviewed or replaced by
new mechanisms. The universal organizations contribute to the development of new
legal rules and provide the mechanisms for coordination and enhancement of the
function of regional organizations and arrangements. Today, various and compli-
cated overlap and interaction can be noted between the legal rules concerning CMFS
and those concerning PPME. Marine living resources are considered to constitute a
part of the marine environment and various principles and approaches of interna-
tional environmental law are introduced to the measures for CMFS. Under these
circumstances, the cooperation between the organizations for CMFS and those for
PPME may contribute to the coordination and harmonization of the legal rules
concerning these different but closely related matters.

1 Introduction

The United Nations Convention on the Law of the Sea (UNCLOS), contains various
general and framework rules and requires the States concerned to substantiate the
appropriate rules for their implementation. As international cooperation is essential

M. Kawano (*)
Waseda University, Faculty of Law, Tokyo, Japan
e-mail: mkawano@waseda.jp

© Springer Nature Switzerland AG 2020 9

M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_2
10 M. Kawano

for this purpose, the Preamble emphasizes its importance and various provisions set
out the obligation to cooperate. The forms of cooperation in those provisions vary.
While some provide for direct cooperation between or among the States concerned
and some others require all States to cooperate for the specific purpose,1 there are
many provisions that set out the obligation to cooperate directly or through interna-
tional organizations, on a regional as well as universal basis.2
This chapter focuses on the activities undertaken by universal and regional
organizations to fulfil the obligations to cooperate in the matters of the conservation
and management of fish stocks, hereafter referred to as “CMFS,” and the protection
and preservation of the marine environment, hereafter referred to as “PPME”. These
two matters are specifically taken up for the following three reasons. First, relevant
chapters concerning these two matters only set out frameworks and general rules
and, thus, their substantive and actual implementation fully depends on international
cooperation through universal, regional or subregional organizations,3 which are
mechanisms to respond to the differing circumstances and needs of respective
regions. Second, in response to the significant development of scientific knowledge
and technologies since the adoption of the UNCLOS, there have been developments
in the substantive rules and measures. The activities of universal, regional or
subregional organizations in these matters may flexibly change in accordance with
those developments. Third, although the UNCLOS sets out the rules concerning
these two matters in different parts, there is various and complicated overlap and
interaction between the rules and approaches in relation to these two matters. Their
relationships significantly reflect the current circumstances of the law of the sea.
In Sect. 2, the precedents of international courts and tribunals are analyzed to
examine the phenomenon of the overlap of matters concerning CMFS and those
concerning the PPME. Then, in Sects. 3 and 4, the mechanisms of regional organi-
zations for CMFS and the PPME are respectively examined and their differences are
stated.
In this chapter the term “organization” is defined as an institution established by a
legally binding convention concluded among more than two States and constituted
by at least one internal organs endowed with certain competence and functions set
out by the convention, while the word “arrangement” is defined as an institution that
lacks a formal structure equivalent to an “organization” but is designated with certain
functions to facilitate international cooperation among States sharing common

1
For example, Art. 43 sets out the obligation to cooperate between the user States and States
bordering a strait in the establishment and maintenance in the strait of necessary navigational and
safety aids or other improvements in aid of international navigation and for the prevention,
reduction and control of pollution from ships, and Article 100 provides for the obligation of all
the Parties to cooperate in the repression of piracy on the high seas or in any other place outside the
jurisdiction of any State.
2
For example, Art. 69 and 70 provide for the obligation to cooperate on a bilateral, subregional or
regional basis to ensure the interests of land-locked States and geographically disadvantaged States.
3
While the rules concerning CMRS are principally provided in Parts V and VII, Part XII sets out
those concerning the PPME.
Another random document with
no related content on Scribd:
 Fig. 41.—Spawn of a
species of Natica
(from a specimen in
the British Museum) ×
½.

Fig. 42.—Ianthina fragilis Lam. FL, float; O, ova; Pr,

proboscis; Br, branchiae; F, foot. (Quoy and Gaimard.)

Chiton marginatus, when kept in captivity, has been noticed[243] to

elevate the posterior part of the girdle, and to pour out a continuous
stream of flaky white matter like a fleecy cloud, which proved to be of
a glutinous nature. It then discharged ova, at the rate of one or two
every second, for at least fifteen minutes, making a total of 1300 to
1500, each being about 1/100 inch diameter. The ova were shot into
the glutinous cloud, which seemed to serve as a sort of nidus to
entangle the ova and prevent them being carried away. The
subsequent development was rapid, and in seven days the young
Chiton was hatched, being then about 1/20 inch long. Lovén has
described the same species as laying its eggs, loosely united in
clusters of seven to sixteen, upon small stones. There is probably
some mistake about the identification, but the observation illustrates
the varying methods of oviposition among allied forms.

Fig. 43.—Egg-capsules of A, Sepia elegans

Orb., and B, Octopus vulgaris Lam.
Not very much is known with regard to the ovipositing of the
Cephalopoda, especially those which inhabit deep water. Masses of
ova arranged in very various forms have occasionally been met with
floating in the ocean, but it is next to impossible to determine to what
species, or even genus, they belong.[244]
In Loligo punctata the ova are contained in small cylindrical cases
measuring 3 to 4 in. by ½ in., to the number of about 250 ova in each
case. Hundreds of these cases are attached together like a bundle of
sausages or young carrots, and the movements of the embryos
within can be distinctly noted. Sepia officinalis lays large black pear-
shaped capsules, each of which is tied to some place of attachment
by a kind of ribbon at the upper end of the capsule, the whole
forming a large group like a bunch of grapes. Octopus vulgaris
deposits thousands of small berry-shaped ova, attached to a string
which runs along the centre of the mass (Fig. 43).
The so-called shell of the female Argonauta is nothing more than
a form of protection for the ova, and is in no sense homologous to
the ordinary molluscan shell. The ova consist of a large granulated
mass, attached to a many branched stem; they are contained in the
spire of the shell, in contact with the posterior part of the body of the
mother, but sometimes project externally beyond the coil of the spire.
Certain species possess the curious property of laying their eggs
on the outside of their own shells. Buccinopsis Dalei is not
unfrequently found decorated with its own egg-capsules. Possibly
this species, which lives on oozy ground, finds this the only secure
place of attachment for its progeny. Neritina fluviatilis has a similar
habit, and so have many other species of Neritina and Navicella. It is
not quite clear, in the latter cases, whether the eggs are laid by the
specimens on whose shell they are found, or whether they are
deposited by others. In either case, perhaps the shell is the safest
place for them in the rapid streams which both genera frequent.
Specimens of Hydrobia ulvae taken on the wet sands at the mouth of
the Dee, are found to have several little rounded excrescences
scattered over the surface of the shell. These, on examination, are
found to be little masses of small sand-grains, in the centre of which
is a clear jelly containing segmenting ova or young embryos. Here
again, in all probability, the shell is the only comparatively stable
object, in the expanse of shifting sands, on which the eggs can be
laid.[245]
The pulmonate genus Libera, which occurs on a few of the island
groups in the Central Pacific, is remarkable for the habit of laying its
eggs within its own cavernous umbilicus, which is narrowed at the
lower part. The eggs number from four to six, or the same number of
very young shells may be seen closely packed in the cavity, each
being in shape exactly like a young Planorbis. This constriction of the
umbilicus does not occur till the formation of the last two whorls, i.e.
till the animal is sexually mature. Some species, but not all, provide
for the safety of their eggs more completely by forming a very thin
shelly plate, which nearly closes the umbilical region, and breaks
away or is absorbed to facilitate the escape of the young shells.[246]
Union of Limax.—With regard to the act of union itself, the
method in certain species of Limax deserves special notice. L.
maximus has been observed at midnight to ascend a wall or some
perpendicular surface. A pair then crawl round and round one
another emitting a quantity of mucus which at length forms a patch, 2
to 2½ inches in diameter. When this acquires consistency the pair
begin to twist round each other in corkscrew form, and detach
themselves from the wall, hanging by a cord of the thickened mucus,
about 8–15 inches long, and still twisting round each other. The
external generative organs are then protruded and copulation takes
place, after which the bodies untwist, separate, and crawl up the
cord again to the wall.[247]
Periodicity in Breeding.—In the marine Mollusca, the winter
months appear to be the usual time for the deposition of eggs.
Careful observations have been made on the Mollusca occurring at
Naples,[248] and the general result seems to be that for all Orders
alike the six winter months from November to April, roughly
speaking, are the breeding time. Scarcely any forms appear to breed
habitually in August, September, or October. On our own coasts,
Nudibranchiata come in shore to deposit their ova from January to
April. Purpura lapillus may be observed depositing ova all the year
round, but is most active from January to April. Buccinum undatum
breeds from October to May; Littorina all the year round.
The land Mollusca exhibit rather more periodicity than the marine.
In temperate climates they breed exclusively in the summer months.
In the tropics their periods are determined by the dry and rainy
seasons, where such occur, otherwise they cohabit all the year
round. According to Karl Semper, the snails of the warm
Mediterranean region arrive at sexual maturity when they are six
months old, i.e. before they are fully grown. After a rest of about
three months during the heat of summer, a second period of
ovipositing occurs.[249] Helix hortensis and H. nemoralis ascend
trees, sometimes to a height of forty feet, when pairing.[250]
Hybridism as the result of union between different species of
Mollusca is exceedingly rare. Lecoq once noticed[251] on a wall at
Anduze (Gard) as many as twenty specimens of Pupa cinerea united
with Clausilia papillaris. No offspring seem to have resulted from
what the professor calls ‘this innocent error,’ for the wall was
carefully scrutinised for a long time, and no hybrid forms were ever
detected.
The same observer noticed, in the Luxembourg garden at Paris,
and M. Gassies has noticed[252] at various occasions, union
between Helix aspersa and nemoralis, H. aspersa and vermiculata,
between Stenogyra decollata and a Helix (sp. not mentioned), H.
variabilis and pisana, H. nemoralis and hortensis. In the two latter
cases a hybrid progeny was the result. It has been noticed that these
unions generally took place when the air was in a very electric
condition, and rain had fallen, or was about to fall, abundantly.
Of marine species Littorina rudis has been noticed[253] in union
both with L. obtusata and with L. littorea, but no definite facts are
known as to the result of such unions.
Self-impregnation (see p. 44).
Development of the Fertilised Ovum.—The first stages in the
development of the Mollusca are identical with those which occur in
other classes of animals. The fertilised ovum consists of a vitellus or
yolk, which is surrounded with albumen, and is either contained in a
separate capsule, or else several, sometimes many, ova are found in
the same capsule, only a small proportion of which ultimately
develop. The germinal vesicle, which is situated at one side of the
vitellus, undergoes unequal segmentation, the result of which is
usually the formation of a layer of small ectoderm cells overlying a
few much larger cells which contain nearly the whole of the yolk. The
large cells are then invaginated, or are simply covered by the growth
of the ectoderm cells. The result in either case is the formation of an
area, the blastopore, where the inner cells are not covered by the
ectoderm. The blastopore gradually narrows to a circular opening,
which, in the great majority of cases, eventually becomes the mouth.
The usual differentiation of germinal layers takes place, the epiblast
eventually giving rise to the epidermis, nervous system, and special
sense organs, the hypoblast to the liver and to the middle region of
the alimentary tract, the mesoblast to the muscles, the body cavity,
the vascular, the excretory and reproductive systems. The next, or
trochosphere (trochophora) stage, involves the formation of a circlet
of praeoral cilia, dividing the still nearly spherical embryo into two
unequal portions, the smaller of which consists simply of the
prostomium, or part in front of the mouth, the larger bearing the
mouth and anus.
So far the series of changes undergone by the embryo are not
peculiar to the Mollusca; we now come to those which are definitely
characteristic of that group. The stage next succeeding the
development of the trochosphere is the definitive formation of the
velum, a process especially characteristic of the Gasteropoda and
Pelecypoda, but apparently not occurring in the great majority of land
Pulmonata.

Fig. 44.—Veligers of Dentalium entalis L.: A, longitudinal section of a larva 14

hours old, × 285; B, larva of 37 hours, × 165; C, longitudinal section of
larva of 34 hours, × 165; m, mouth; v, v, velum. (After Kowalewsky.)
The circlet of cilia becomes pushed more and more towards the
anterior portion of the embryo, the cilia themselves become longer,
while the portion of the body from which they spring becomes
elevated into a ridge or ring, which, as a rule, develops on each side
a more or less pronounced lobe. The name velum is applied to this
entire process of ciliated ring and lobes, and to the area which they
enclose.
Fig.45.—Veliger of Patella vulgata
L., 130 hours old: f,
rudimentary foot; op,
operculum; sh, shell; v, v,
velum. (After Patten, highly
magnified.)
 Fig. 46.—Developed larva of Cyclas
cornea L.: br, rudimentary
branchiae; by, byssus; f, foot;
m.e, mantle edge; sh, shell.
(After Ziegler, highly magnified.)

Fig. 47.—A, Advanced veliger of Dreissensia: f, foot; m,

mouth; sh, shell; v, v, velum. (After Korschelt and
Heider, much enlarged.) B, Veliger of a Pteropod
(Tiedemannia): op, operculum; sh, shell; v, velum.
(After Krohn, much enlarged.)
In this so-called veliger stage, the velum serves, in the first place,
to cause rotation of the larva within the egg-capsules, and, after
hatching, as an organ of locomotion. As a rule, the velum disappears
entirely in the adult mollusc after the free-swimming stage is over,
but in the common Limnaea stagnalis it persists, losing its cilia, as
the very prominent circum-oral lobes. Simultaneously with the
development of the velum, and in some cases earlier, appear the
rudiments of the shell-gland and of the foot, the latter being situated
on the ventral side, between the mouth and anus, the former on the
dorsal side, behind the velum, and above the surface of the eventual
visceral sac. Thus the prime characteristics of the veliger stage,
subsequent to the appearance of the velum itself, are the
development of the visceral sac and shell-gland on the upper, and of
the foot on the under side. According to Lankester the primitive shell-
gland does not, as a rule, directly give rise to the shell of the adult
mollusc, but becomes filled up by a horny substance, and eventually
disappears; the permanent shell then forms over the surface of the
visceral hump from the original centre of the shell-gland. It is only in
Chiton, and possibly in Limax, that the primitive shell-sac is retained
and developed into the final shell-forming area, which is much wider,
and extends to the edges of the mantle. Within the velar area first
appear the rudiments of the tentacles and eyes; when these become
developed the velum atrophies and disappears.
Several of these veligers when captured in the open sea have
been mistaken for perfect forms, and have been described as such.
Thus the larva of Dolium has been described as Macgillivrayia, that
of a Purpura as Chelotropis and Sinusigera, that of Aporrhais pes
pelecani as Chiropteron, that of Marsenia conspicua as Brownia,
Echinospira, and Calcarella.
Cephalopoda.—The embryonic development of the Cephalopoda
is entirely distinct from that of all other Mollusca. The segmentation
of the vitellus is partial, and the embryo is furnished with a vitelline
sac, which is very large in the majority of cases (Fig. 48). There is no
free-swimming stage, but the embryo emerges from the egg fully
developed.
Differences of Sex.—In the Mollusca there are two main types of
sexual difference: (i) sexes separate (dioecious type), (ii) sexes
united in the same individual (hermaphrodite type).
 Fig. 48.—Two stages in the development of
Loligo vulgaris Lam.: a1, a1, first, and a2,
a2, second pairs of arms; br, branchiae,
seen through m, mantle; e, e, eyes; fi,
fins; fu, funnel; v.s, vitelline sac. (After
Kowalewsky.)
In some cases—e.g. certain Pelecypoda—what is practically a
third type occurs. The animal is hermaphrodite, but the male and
female elements are not developed simultaneously, i.e. the same
individual is at one time female, at another male.
1. The sexes are separate in
All Cephalopoda.
Gasteropoda Amphineura (except Neomeniidae).
Gasteropoda Prosobranchiata (except Valvata and some species of
Marsenia).
Scaphopoda.
Many Pelecypoda.

2. The sexes are united in

Gasteropoda Opisthobranchiata.
Gasteropoda Pulmonata.
Certain Pelecypoda.[254]
 In the dioecious Mollusca, sexual union is the rule, but is by no
means universal. In some instances,—e.g. Vermetus, Magilus,
Patella, Haliotis, Crepidula, Chiton, the Scaphopoda—the form and
habits of the animal do not admit of it; in others (many Trochus) a
male copulative organ is wanting. When this is the case, the male
scatters the spermatozoa freely; the majority must perish, but some
will be carried by currents in the direction of the female.
When the sexes are separate, the female is frequently larger than
the male. This is markedly the case in Littorina, Buccinum, and all
the Cephalopoda; in Argonauta the difference is extreme, the male
not being more than ¼ the size of the female.
Those hermaphrodite Mollusca which are capable of sexual union
(Gasteropoda, Pulmonata, and Opisthobranchiata) are conveniently
divided into two sections, according as (1) there are separate orifices
for the male and female organs, or (2) one orifice serves for both. To
the former section (Digonopora[2]) belong the Limnaeidae,
Vaginulidae, and Onchidiidae, and many Opisthobranchiata,
including all the Pteropoda; to the latter (Monogonopora[255]) nearly
all the Nudibranchiate Opisthobranchiata, and all the rest of the
Pulmonata. In the latter case during union, mutual impregnation
takes place, and each of the two individuals concerned has been
observed (compare p. 42) to deposit eggs. In the former, however,
no such reciprocal act can take place, but the same individual can
play the part of male to one and female to another, and we
sometimes find a string of Limnaea thus united, each being at once
male and female to its two adjacent neighbours.
The Reproductive System.—Broadly speaking, the complicated
arrangements which are found in Mollusca resolve themselves into
modifications of three important factors:—
(a) The gonads or germ-glands, in which are developed the ova
and the spermatozoa. These glands are generally known as the
ovary in the female, the sperm-gland or testis in the male.
(b) The channels which provide for the passage of the seminal
products; namely, the oviduct in the female, the vas deferens or
sperm-duct in the male.
(c) The external generative organs.
Fig. 49.—Generative and other organs
of Littorina obtusata L., female.
A, anus.
Br, branchia.
Buc, buccal mass.
H, heart.
Hep, hepatic duct.
I, continuation of oesophagus.
Ki, kidney.
Li, liver.
M, muscle of attachment.
O´, female orifice.
Od, oviduct.
Oes, oesophagus.
Ov, ovary.
Ra, radula.
St, stomach.
U, uterus.

(After Souleyet.)
 Fig. 50.—Generative and other organs
of Littorina obtusata L., male.
A, anus.
Br, branchia.
H, heart.
I, intestine.
Li, liver.
M, muscle of attachment.
Pe, penis.
Te, testis.
VD, vas deferens.

(After Souleyet.)
Dioecious Mollusca.—The common Littorina obtusata will serve
as a typical instance of a dioecious prosobranchiate, exhibiting the
simplest form of organs. In the female the ovary, a lobe-shaped
body, is embedded in the liver. An oviduct with many convolutions
conveys the ova into the uterus, an oblong chamber which consists
simply of a dilatation of the oviduct. The ova descend into the uterus,
which is sometimes furnished with a seminal pouch. In this seminal
pouch, or above it, in the oviduct, the ova come into contact with the
spermatozoa. The lower part of the uterus secretes a gelatinous
medium (or capsule, as the case may be) in which the fertilised ova
become enclosed previous to exclusion. In position the oviduct abuts
on the kidney, while the uterus is in close proximity to the rectum,
and the female external orifice is found close to the anus, within the
branchial cavity.
The male organs of Littorina are more simple. The testis is
lodged, like the ovary, in the liver; the vas deferens is, like the
oviduct, convoluted, and eventually traverses the right side of the
neck, emerging near the right tentacle, and terminating in the penis
or external copulative organ (Fig. 50).
This system prevails, with but slight modifications in detail,
throughout the prosobranchiate Gasteropoda. The most important
modification is the passage of the seminal products in certain cases
(many of the Diotocardia) through the right kidney, with which the
oviduct and vas deferens always stand in close relation. The same
arrangement occurs in the Scaphoda and some Pelecypoda.
The penis varies greatly in form and size. In the Strombidae (see
Fig. 99) and Buccinidae (Fig. 62) it is very large and prominent; in
Littorina it is somewhat spinulose at one side; in Paludina a portion
of it is lodged in the right tentacle, which becomes atrophied and
much more obtuse than the tentacle on the left side.
Spermatozoa.—The shape of the spermatozoa and of the ova in
Mollusca is of the usual type. In Paludina Ampullaria, and certain
species of Murex two types of spermatozoa occur, one hair-like, the
other worm-like, three times as long as the former, and not tapering
at one end. The former type alone take part in fertilisation, and
penetrate the ovum. It has been suggested that these worm-like
spermatozoa are a kind of incipient ova, and indicate a possible
stage in commencing hermaphroditism. And, since the nearest allies
of the Prosobranchiata (in which these types occur) are
hermaphrodite (i.e. the Opisthobranchiata and Pulmonata), it is not
unreasonable to suppose that the Prosobranchiata should show
some tendency towards hermaphroditism in their genital glands.[256]
Cephalopoda.—The special characteristic of the reproductive
organs in female Cephalopoda is the development of various glands,
some of considerable size, in connexion with the ovary and oviduct.
Sepia, Loligo, and Sepiola are furnished with two large nidamental
glands, which open into the mantle cavity independently of the
oviduct. Their purpose is to produce a viscid mucus, which envelops
the ova at the moment of their emission and eventually hardens into
the egg-capsules. A pair of accessory nidamental glands occur in
Sepia, as well as a pair of smaller glands situated on the oviduct
itself.
In many of the male Cephalopoda the vas deferens is long and
dilated at its outer end into a glandular reservoir, within which are
formed the spermatophores, or narrow cylindrical packets which
contain a very large number of spermatozoa. When charged, the
spermatophores pass into what is known as Needham’s sac, where
they remain until required for use. These spermatophores are a very
characteristic part of the reproductive arrangements in the
Cephalopoda. The male of Sepia has been noticed to deposit them,
during union, upon the buccal membrane of the female. During the
emission of the ova by the female, the spermatophores, apparently
through the agency of a kind of spring contained at one end, burst,
and scatter the spermatozoa over the ova.
The Hectocotylus Arm.—Perhaps the most remarkable feature
in the sexual relations of all the Mollusca is the so-called
hectocotylus of the Cephalopoda. In the great majority of the male
Cephalopoda, one of the ‘arms,’ which is modified for the purpose in
various ways and to a greater or less extent, becomes charged with
spermatophores, and sometimes, during union, becomes detached
and remains within the mantle of the female, preserving for some
considerable time its power of movement.
The hectocotylus is confined to the dibranchiate Cephalopoda,
and its typical form, i.e. when part of the arm becomes disengaged
and left with the female, occurs only in three genera of the
Octopodidae, viz.[Argonauta, Ocythoe (Philonexis), and
Tremoctopus. In all of these, the male is many sizes smaller than the
female. In Argonauta the third arm on the left side becomes
hectocotylised. At first it is entirely enveloped in a kind of cyst, in
such a way that only a small portion of the tip projects; subsequently
the cyst parts asunder, and allows the arm to become expanded to
its full length, which considerably exceeds that of the other arms. At
a certain point the acetabula or suckers terminate, and the
remainder of the arm consists of a very long, tapering, sometimes
thread-like filament, which is pointed at the extreme tip. It is not yet
known how the spermatophores find their way into the hectocotylus,
or how the hectocotylus impregnates the ova of the female. The arm
thus affected is not always the same. In Tremoctopus it is the third of
the right side, in the Decapoda the modification usually affects the
fourth of the left.
 Fig. 51.—Male of Ocythoe
tuberculata Raf. (= Philonexis
catenulatus Fér.),
Mediterranean, showing three
stages, A, B, and C, in the
development of the hectocotylus
arm: h.cy, hectocotylus still in
the cyst; c´y´, spoon-shaped cyst
at the end of the arm when
freed; th, thread-like organ freed
by the rupture of c´y´. Natural
size. From specimens in the
British Museum.
This singular property of the male Cephalopoda has only recently
been satisfactorily explained. It is true that Aristotle, more than
twenty-two centuries ago, distinctly stated that certain of the arms
were modified for sexual purposes. Speaking of what he calls the
polypus (which appears to represent the Octopus vulgaris of the
Mediterranean), he says: ‘It differs from the female in having what
the fishermen call the white sexual organ on its arm;’ again, ‘Some
say that the male has something of a sexual nature (αὶδοιῶδές τι) on
one of its arms, that on which the largest suckers occur; that this is a
kind of muscular appendage attached to the middle of the arm, and
that it is entirely introduced within the funnel of the female’.
Unfortunately the word translated by introduced is corrupt, and can
only be restored conjecturally. He again remarks, ‘The last of the
arms, which tapers to a fine point and is the only whitish arm, it uses
in sexual union.’[257]
The typical hectocotylus seems to have entirely escaped notice
until early in the present century, when both Delle Chiaje and Cuvier
described it, as detected within the female, as a parasite, the latter
under the name of Hectocotylus octopodis. Kölliker, in 1845–49,
regarded the Hectocotylus of Tremoctopus as the entire male
animal, and went so far as to discern in it an intestine, heart, and
reproductive system. It was not until 1851 that the investigations of
Vérany and Filippi confirmed a suggestion of Dujardin,[258] while H.
Müller, in 1853, completed the discovery by describing the entire
male of Argonauta.
In all genera of dibranchiate Cephalopoda except Argonauta,
Ocythoe, and Tremoctopus, one of the arms is sexually modified in
various ways, but never becomes so much prolonged, and is never
detached and left with the female. In Loligo Forbesii Stp. the fourth
arm on the left has 23 pairs of regularly developed acetabula, which
then lessen in size and disappear, being replaced by long
pedunculated papillae, of which there are about 40 pairs. In Loligo
vulgaris Lam. and L. Pleii Orb. 18 or 19 pairs of acetabula are
regularly formed, and then occur 40 pairs of papillae, as in Forbesii.
In other species of Loligo (gahi Orb., brevis Bl., brasiliensis Orb.)
only the outer row of suckers becomes modified into papillae after
about the 20th to the 22nd pair. In Sepioteuthis sepioides the
modification is the same as in the Loligo last mentioned, but the
corresponding arm on the right side is so covered with acetabula
towards its extreme end, that it is thought that it in some way co-
operates with the hectocotylised left arm.
In Octopus, the third arm on the right side is subject to
modification. This arm is always shorter than the corresponding arm
on the other side, and carries fewer suckers, but is furnished at the
extreme tip with a peculiar kind of plate, which connects with the
membrane at the base of the arm by a channel of skin, which
probably conveys the spermatophores up to the tip.
In Octopus vulgaris, the species referred to by Aristotle, the
hectocotylised arm is short, thin in its outer half and pointed at the
extremity, while the fold of skin is very white, and gives the arm an
appearance of being divided by a cleft at the side. At the same time,
an unusual development of one or two suckers on the arm is not
uncommon.[259]

Fig. 52.—Octopus lentus Baird, N. Atlantic,

showing the peculiar formation of the
hectocotylus arm, h.a. (After Verrill, × ½.)
It is believed that in the Tetrabranchiate Cephalopoda (Nautilus) a
union of the four inner ventral arms may correspond functionally to
the hectocotylising of the arm in the Dibranchiates.
Hermaphrodite Mollusca.—(a) Monogonopora.—The
reproductive system in the hermaphrodite Mollusca is far more
complicated than in the dioecious, from the union of the male and
female organs in the same individual. As a type of the