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.
also known as the Area, has long been left relatively idle due to its
inaccessibility and the difficulties in making meaningful use of it.
Today, however, technological advances have made industrial deep-seamining operations possible, and the increasing demand for minerals and
metals for the development of new technologies while land-based mines
are facing depletion has led to a surging interest in deep-seamining
Broadly speaking, two components of an equitable sharing
mechanism have been identified: 152 first, a payment regime that allocates
financial returns from deepseamining between firms or States that
extract the minerals and the ISA – this has already been the
subject of some consideration; 153 second, a mechanism for
distributing the revenue collected by the ISA, which has received less
Developing Nations in International Law ( Honolulu, Hawaii : Law of the Sea Institute , Occasional Paper No. 2, 1982 ); Y.
Li , Transfer of Technology for DeepSeaMining: The 1982 Law
of the Sea Convention and Beyond ( Dordrecht : Nijhoff , 1994 ); A.
Marvasti , ‘ An assessment of the international
technology transfer system and the new law of the
sea ’, Ocean and Coastal
humanity (including for deep-seamining and bioprospecting),
while the self-explanatory Commission on the Limits of the Continental
Shelf does something similar when setting the baselines of territorial
waters (Hannigan, 2016 ).
There are, then, plenty of instances where diverse global
governance regimes and institutions seek to manage the global ocean in
its surface, deep-water and sub-sea totality. The
agreement that would modify the effect of the provisions of Part XI of
the 1982 Convention so as to meet the concerns of the industrialised
nations that remained outside the UNCLOS regime. Their concerns had
already been met in part by the adoption by UNCLOS III, at the last
minute, of Resolution II annexed to the Final Act. The resolution gave
certain priorities and guarantees to the deepseamining companies of