Search results
The law of the sea is an up-to-date and comprehensive treatment of this branch of public international law. It begins by tracing the historical origins of the law of the sea and explaining its sources, notably the 1982 UN Convention on the Law of the Sea. This is followed by chapters examining the various maritime zones into which the sea is legally divided, namely internal waters, the territorial sea, archipelagic waters, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas and the International Seabed Area. In each case the legal nature of the zone and its physical dimensions are analysed. Separate chapters deal with the baselines from which the breadths of most maritime zones are delineated and the law governing the delimitation of boundaries between overlapping maritime zones. Later chapters discuss how international law regulates the safety of navigation, fisheries and scientific research, and provides for protection of the marine environment from pollution and biodiversity loss. The penultimate chapter addresses the question of landlocked States and the sea. The final chapter outlines the various ways in which maritime disputes may be settled. Throughout the book detailed reference is made not only to the UN Convention on the Law of the Sea, but also to other relevant instruments, the burgeoning case law of international courts and tribunals, and the academic literature.
: Martinus Nijhoff , 2012 ); N . Klein , Dispute Settlement in the UN Convention on the Law of the Sea ( Cambridge : Cambridge University Press , 2005 ); P. C. Rao and P. Gautier , The International Tribunal for the Law of the Sea: Law, Practice and Procedure ( Cheltenham : Edward Elgar , 2018 ). The
Zones, had passed into customary law some years before the Convention itself entered into force in 1994. Difficulties in securing agreement upon a few matters, chief among which were certain provisions of the legal regime of the deep seabed, delayed the preparation of a final text until 1982. The text of the UN Convention on the Law of the Sea was finally adopted on 30 April 1982 by 130 votes to 4, with
. 22 UNCLOS art. 220(1). The ambiguity concerning the scope of strait States’ enforcement jurisdiction is not resolved in the declaration made by the States bordering the straits of Malacca and Singapore in 1982: see M. H. Nordquist , S. Rosenne and A. Yankov , UN Convention on the Law of the Sea 1982: A
See T. Treves , ‘ Due regard obligations under the 1982 UN Convention on the Law of the Sea: the laying of cables and activities in the Area ’, IJMCL 34 ( 2019 ), 427 – 57 ; International Cable Protection Committee (ICPC) Recommendation No. 17: Submarine Cable Operations in Deep Seabed Mining Concessions Designated by the
, 1986 ) and Vol. 3, Tables and Bibliography ( London : Graham & Trotman , 1986 ). See also E. D. Brown , ‘ “Neither necessary nor prudent at this stage”: the regime of seabed mining and its impact on the universality of the UN Convention on the Law of the Sea ’, Marine Policy 17
. 11 Fisheries (United Kingdom v. Norway) (1951), 128. 12 Prescott and Schofield, note 2, 96. 13 Consolidated Glossary of Technical Terms used in the UN Convention on the Law of the Sea (hereafter IHO Consolidated Glossary
and the UN Convention on the Law of the Sea ’, Ocean Yearbook 33 ( 2019 ), 1 – 44 ; Heidar, note 35, chapters 2–7; and G. Wright , J. Rochette , K. Gjerde and I. Seeger , The Long and Winding Road: Negotiating a Treaty for the Conservation and Sustainable Use of Marine
the Provisions of the UN Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (generally referred to as the (UN) Fish Stocks Agreement). The provisions of UNCLOS on high seas fisheries have also been supplemented, and to a degree implemented, by a number of treaties that establish regional fisheries management
Research. Legislative History of Article 246 of the UN Convention on the Law of the Sea ( New York : United Nations , 1994 ); and Virginia Commentary Vol. IV, 429–661, especially 429–37. 13 Virginia Commentary , 441–8. 14