The Editorial
Committee of the Arab Journal of International Law (ARJIL) launches the present
call for papers to the attention of doctoral student interested in the subject
of international law of the sea. It is an opportunity for doctoral student to
familiarize themselves with the methodology of research, and also broaden their
professional and academic network.
The oceans and
seas are not ruled by a legal vacuum. On the contrary, there is a specific
branch of international law[i]
dedicated to them, namely the international law of the sea[ii], whose
goal is to provide some rules in the conflicting relationships between States
and the other physical or juridical persons in the sea.[iii]
Its historic
evolution was motivated by political, economic and security interests, and more
recently scientific and environmental interests, which have paved to the way to
conflicting claims on the exercise of exclusive rights (sovereign and
jurisdictional) by States.
Of utmost importance
in the international law of the sea is the United Nations Convention on the Law
of the Sea (1982), described as “the constitution of oceans”.[iv] It
provided two fundamental principles. The first concerns the principle of the
freedom of navigation in the high sea, advanced by the Dutch scholar Hugo
Grotius whose book “mare liberum sive de
jure quod batavis competit ad indicana commercial” published in 1609[v], claimed
the right to navigate and trade for any ships throughout the world.[vi] The
second principle is related to the sovereignty. The Convention was thus
regarded as a “gift box” for coastal States which clearly appear as the winners
of the United Nations third conference on the law of the sea. Indeed, until 200
miles away from its coast, a State is not bound to establish that it has some
sovereign rights, provided that it has demarcated its zone under the conditions
provided by the Convention with its neighbouring or adjacent States. Once these
questions are resolved, a State possesses an exclusive economic zone until 200
miles which includes the continental shelf whatever its nature and the seabed.
Moreover, the coastal State may request the extension of the continental shelf
until 350 miles, provided it complies with the procedure provided by the United
Nations Convention on the Law of the Sea (Article 76, Annex II)[vii].
The application
of the sovereignty principle may lead to a series of conflicting extension of
the limits of national jurisdiction on the seabed. As far as the principle of
freedom is concerned, it contributes to an abusive exploitation of natural
resources qualified by the approach of “first come, first served”. Two
scenarios, which according to M. Pardo, might cause undesirable consequences,
namely economic injustice and risks of pollution. It is perfectly summarized as
“the poor are getting poorer and poorer,
the rich are getting richer and richer” [viii]. In
order to create a “trilogy of needs”, between the needs of the industrialized
countries, the needs of developing countries, and the needs of marine
ecosystem, a fourth principle appeared, that is the world heritage of humanity
enshrined in the part XI of the Convention.[ix]
In this context,
the department “Seas and Oceans” submits to the interested doctoral student a
non-exhaustive list of subjects which may guide to their submission. The
department welcomes submissions which focus on the realities of the Arab World
and the Mediterranean:
§
Delimitation
and demarcation of maritime boundaries
§
Use of
marine ecosystem (included the navigation)
§
Preservation
of marine ecosystem
§
Marine
scientific research
§
Geostrategic
use of maritime zone (included MENA zone)
§
Legal
Protection of maritime zone in the Arab countries
§
Coordination
between scientific research and the development of Maghreb countries
Method of submission
§
The
proposed submissions will be subjected to an evaluation by the editorial
committee (a draft proposal of 500 words maximum)
§
The
proposed submissions may be communicated in French, Arabic, and English
§
Only the
proposal (unpublished) based on the scientific norms and documentation will be
accepted .
§
The papers
will be subjected to double blind peer review.
§
The
proposals shall be in Word format,
and accompanied by the author’s biography (PDF)
§
The
proposals shall contain between 4000 and 4500 words (Times New Roman)
References
§
Books: Name
of the author, the title (the place of publication: editor, date of
publication).
§
Journals:
Name of the author, the title of the article, the title of the journal (the
place of publication: editor, date of publication).
§
Electronic
resources: Only websites internationally known will be accepted (i.e. United
Nations). Shall be indicated: the title of the website and the date of
consultation. The URL is mandatory.
Structure
§
Introduction: It shall
incorporate briefly the keywords, the methodology adopted and the main question
of the article.
Chapter I (The Title): font 16
Section I. (The title): font: 16
1. (The title): font 15
2. (The title): font 15
Section II. (The title): Police: 16
1. (The title): font 15
2. (The Title): font 15
Chapter II. (The title):
Police 16
Section I. (The title): font 16
1. (The title): font 15
2. (The title): font 15
Section II. (The title): font 16
1. (The title): font 15
2. (The Title): font 15
§
Conclusion:
It shall contain the main results. It shall not be a mere summary of the paper.
No references in the conclusion.
Important Remarks
§
The ARJIL forbids any counterfeiting or
illegal reproduction.
§
The
publications of ARJIL do not necessarily
reflect the opinions of its founders
§
The deadline
for the submission of the final propositions and the brief paper is February, 28th 2021
§ The proposal shall be forwarded to the
following email: arjil.org@gmail.com
Mohamed Benchekroun
Director of the Department
“Seas and Oceans”
Phone: +212 0666255383
Professor Elhoucine
Chougrani
Director of the Arab
Journal of International Law (ARJIL)
Arjil.org@gmail.com
[i] André Monaco, Gouvernance des mers et des océans,
Publisher by ISTE (May 2, 2015) p.22
[ii] Frederique
Vallo, La Mer et son droit, entre liberté et consensualisme, la
difficile protection des espaces naturels fragiles, Publisher by Publibook
(15 décembre 2009), p.12
[iv] Donald Rothwell, The Oxford Handbook of the
Law of the Sea, Publisher by OUP Oxford (2017), p.3
[v] Jill Barrett, Law of the Sea: UNCLOS as a
Living Treaty.
[vi] GROTIUS (They marine), la liberté des mers
/Mare Liberum, avec une introduction de Charles Leben, 2013, Coll. « Les
introuvables ». In Annuaire française de droit international, volume 59, 2013,
p.695
[vii] Hugo Grotius, Mare liberum, Create
Space Independent Publishing by Platform (6 September 2012)
[viii] Intervention d'Élie Jarmache, Chargé de mission au secrétariat général
de la mer, dirige la délégation française à la commission des limites du
plateau continental à New York, membre de la commission juridique et technique
de l’Autorité internationale des fonds marins, au colloque "Les enjeux
maritimes du monde et de la France" du 20 mars 2017.
[ix] Tulio Scovazz, “
The Concept of Common Heritage of Mankind and the Genetic Resources
of the Seabed beyond the Limits of National Jurisdiction”, Agenda Internacional
Año XIV, N° 25, 2007, pp. 11-24
Keyuan
Zou, Global Commons and the Law of the Sea, Publisher by Brill - Nijhoff
(2018), p.2
