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, interpretation, termination and suspension of treaties are set out in the 1969 Vienna Convention on the Law of Treaties, which codified and in some respects added to the customary international law on the subject. 17 There are many treaties dealing with various aspects of the law of the sea. Some are multilateral, such as the 1982 UNCLOS and the 1973 Convention on the Prevention of Pollution from Ships, which are
of the exercise of jurisdiction over foreign ships in ports. The right of access to ports and other internal waters The existence of sovereignty over internal waters and the absence of any general right of innocent passage through them logically implies the absence of any right in customary international law for foreign ships to enter a State’s ports or other internal
) and Iran (in relation to the Strait of Hormuz) are not parties to the 1982 Convention, the pre-UNCLOS rules will be first considered separately. The regime under customary law and the Territorial Sea Convention Under pre-1958 customary international law, and indeed under the 1958 TSC, the rights of passage through straits depended primarily upon
Before 1919 there was doubt as to whether under customary international law a landlocked State had the right to permit ships to fly its flag and thereby exercise rights of navigation. Those who denied such a right argued that as landlocked States had neither maritime ports nor warships, they could not verify the nationality of ‘their’ merchant ships nor exercise effective control over them. 12 However
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction’. The principle is repeated verbatim in Principle 2 of the Rio Declaration. Principles 21 and 2 in part reflect the customary international law principle of good neighbourliness, often expressed as the Latin maxim ‘ sic
delimitation of a maritime boundary, areas of joint management and exploitation and other co-operative arrangements and the effects of sea level rise on maritime boundaries. 4 With the exception of some rather rudimentary customary international law relating to territorial sea boundary delimitation, the law relating to maritime boundary delimitation has developed entirely since 1945. During that development, the
States have drawn archipelagic baselines and therefore claim archipelagic waters. There is a good deal of evidence to suggest that the archipelagic regime laid down in UNCLOS has become part of customary international law. First, there is the practice of States, referred to above, in enacting archipelagic legislation in conformity with UNCLOS even before the entry into force of the
into UNCLOS, is one indication that the baseline provisions of UNCLOS (at least those that are the same as the TSC) also represent customary international law. Other evidence for this proposition includes the fact that the TSC’s provisions on baselines have been incorporated by reference into a number of other treaties, the parties to which include States that are not parties to that Convention, 8 and
recently created of coastal State maritime zones, not becoming established as part of the law of the sea until the last quarter of the twentieth century. It was initially based on customary international law only, but became treaty-based when UNCLOS entered into force in 1994. We begin this chapter by tracing that development. We then turn to look at the extent and delineation of the EEZ. That is followed
international law produced by states and, in fact, are compatible with the list of sources in Article 38 of the Statute of the International Court of Justice of 1945, either as treaty obligations, customs or general principles of law. It is true to say that many resolutions have passed into customary international law, but such an analysis disregards the potential normative value of the resolutions themselves, a value that reflects the autonomy of IGOs. This chapter explores institutional lawmaking in the modern era, with particular focus on General Assembly Resolutions on