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31 Int'l J. Marine & Coastal L. 60 (2016)
Protests against Oil Exploration at Sea: Lessons from the Arctic Sunrise Arbitration

handle is hein.journals/ljmc31 and id is 66 raw text is: 

                       THE INTERNATIONAL JOURNAL OF                   MARINE
                   ......AND COASTAL
 BRILL            MARINE AND COASTAL LAW 31 (2016) 60-87
 NIJHOFF                                                           brill.com/estu



 Protests against Oil Exploration at Sea: Lessons

 from the Arctic Sunrise Arbitration


        Joanna Mossop
      Senior Lecturer, Law Faculty, Victoria University of Wellington,
      Wellington, New Zealand



        Abstract

The decision of the Arbitral Tribunal in the Arctic Sunrise case between the Netherlands
and Russia offers considerable guidance to coastal States on how to deal with protest-
ers who violate the safety zone of installations under the Law of the Sea Convention.
This article considers these lessons and applies them to another recent type of protest:
against vessels conducting seismic surveys above the continental shelf. Some coun-
tries provide for a non-interference zone around these vessels to prevent protesters
from getting close to the survey vessels. Although this was not directly at issue in the
Arctic Sunrise case, the Tribunal's jurisprudence gives guidance as to whether these
measures by coastal states to prevent interference are consistent with the Law of
the Sea Convention.


        Keywords

protest - installations - due regard - unjustifiable interference - Arctic Sunrise



        Introduction

States are increasingly encountering resistance from community groups
against the development of oil and gas deposits in their off-shore zones. The
United States has seen large protests against the exploration of oil deposits



' This article is based on research supported by the New Zealand Law Foundation. The author
   thanks Dr Bevan Marten and the anonymous reviewer for their useful suggestions for improv-
   ing this article.


©  KONINKLIJKE BRILL NV, LEIDEN, 2016 1 DOI 10.1163/15718085-12341383

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