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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.
Law of the sea --- Arbitration, International --- United Nations Convention on the Law of the Sea --- Arbitration (International law) --- Arbitration, International. --- Law of the sea. --- Arbitration (International law). --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law and legislation --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约 --- Law --- General and Others --- CONVENTION DES NATIONS UNIES SUR LE DROIT DE LA MER --- DROIT DE LA MER --- ARBITRAGE INTERNATIONAL --- CONTENTIEUX
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These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea.
Law of the sea. --- United Nations Convention on the Law of the Sea --- Droit de la mer. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation --- Convention des Nations Unies sur le droit de la mer --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约 --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut
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This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas. Special emphasis is paid to the role of international courts and tribunals in the progressive development of the law of the sea as well as the ability of the UN Convention on the Law of the Sea to accommodate new uses and challenges, such as new concerns, new technological possibilities, in particular, new contexts and functions of established rules. The 1982 Convention seems capable of coping with most of them, although it remains useful to explore its possibilities and limits. This work, covering many aspects, will be useful to anyone interested in the law of the sea.
FREEDOM OF THE HIGH SEAS -- 341.222 --- Law of the sea --- United Nations Convention on the Law of the Sea --- Shipping law --- Droit de la mer --- Convention des Nations Unies sur le droit de la mer --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape. Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Continental Shelf, and the Convention's Meeting of States Parties. Institutions outside the Convention's framework are also assessed, including the International Maritime Organization in respect of the regime for archipelagic sea lanes and international straits, the Food and Agriculture Organization and regional fisheries organizations, and the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. In the evolving area of oceans management, the way in which global and regional institutions have been involved in implementing the Convention on the Law of the Sea raises both questions concerning the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.
Law of the sea. --- Maritime law. --- Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Law, Maritime --- Marine law --- Merchant marine --- Merchant ships --- Navigation --- Navigation laws --- Shipping --- International law --- Commercial law --- Law of the sea --- High seas, Jurisdiction over --- Ocean --- Ocean law --- Sea, Law of the --- Maritime law --- Territorial waters --- Law and legislation --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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Article 76 of the United Nations Convention on the Law of the Sea lays down the rules and regulations governing claims to a continental shelf beyond 200 nautical miles for the 130 coastal states and entities that have ratified or acceded to it. This book is designed to help those coastal states implement the provisions of Article 76, covering the technical issues involved and explaining the interface between the legal concepts contained within the article.
Continental shelf. --- Territorial waters. --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Territory, National --- Contiguous zones (Law of the sea) --- Continental shelf --- Economic zones (Law of the sea) --- Innocent passage (Law of the sea) --- Law of the sea --- Continental margins --- Territorial waters --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- Measurement. --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management. Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights. Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP. Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.
Law of the sea --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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The 1982 Law of the Sea Convention at 30: Successes, Challenges and New Agendas offers twenty essays by renowned Law of the Sea scholars, published to mark the 30th Anniversary of the adoption of the 1982 UN Convention on the Law of the Sea. The book highlights some of the strengths of the legal regime established by the Convention, and reviews some of the more significant lacunae in the Convention regime. Recognizing the significant changes that have taken place in scientific knowledge and political agendas in the thirty years since 1982, it reviews the challenges that these new agendas pose to the Convention regime.
Law of the sea. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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On the occasion of the commemoration of the 30th anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea, delegates of the Third United Nations Conference on the Law of the Sea overwhelmingly responded to the request from the Legal Counsel of the United Nations to send their personal recollections and reflections to be set out in a publication. The result is a very personal tribute to the negotiations which took place in the last century and which led to the adoption of the Convention. It is a reflection of the spirit of consensus at the Third United Nations Conference and of the importance the Convention still has thirty years later as the legal framework for all matters related to the oceans and seas.
Law of the sea --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law and legislation --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- E-books --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约 --- Law of the sea.
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Marine sciences --- Oceanography --- Law, Politics & Government --- Law, General & Comparative --- Oceanography, Physical --- Oceanology --- Physical oceanography --- Thalassography --- Earth sciences --- Ocean --- Research --- Law and legislation --- United Nations --- Legislation --- Guidebooks --- United Nations Convention on the law of the sea (1982) --- Maritime law --- Men --- Attitudes --- Sex discrimination against women --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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A. The Outer Limits of the Continental Shelf The 1982 United Nations Convention on the Law of the Sea (herein- ter the “Convention”) marks the beginning of a new era in the law of 1 the sea. The negotiations for this treaty at the Third United Nations Conference for the Law of the Sea (hereinafter “UNCLOS III”), lasted for nine years, from 1973 to 1982. The Convention regulates the principal aspects of international oceans affairs. It establishes and fixes the limits of maritime zones, provides for the rights and duties of states in these zones, establishes the law app- cable in the international seabed area on the basis of the principle of common heritage of mankind, imposes obligations on states to protect the marine environment, and provides for the means of dispute sett- ment. One of the most contentious and divisive issues at UNCLOS III were the outer limits of the continental shelf. Previously, in the 1958 Con- 2 vention on the Continental Shelf (hereinafter the “1958 Convention”), no limits were established for the continental shelf. States were allowed to claim areas of continental shelves based on their capacity to exploit the mineral resources of the shelf. The legal framework in the 1958 Convention would obviously conflict with the principle of the common heritage of mankind. Delegates realized that limits have to be est- lished, but up to where and on the basis of which principles, was a c- tentious question.
Continental shelf --- Territorial waters. --- Law and legislation. --- United Nations Convention on the Law of the Sea --- Convención de las Naciones Unidas sobre el derecho del mar --- Convention des Nations Unies sur le droit de la mer --- Convention on the Law of the Sea --- Ittifāqīyat al-Umam al-Muttaḥidah li-Qānūn al-Biḥār --- Ittifāqīyat al-Umam al-Muttaḥidah lil-Qānūn al-Dawlī lil-Biḥār --- Kaiyōhō ni kansuru Kokusai Rengō jōyaku --- Konvensi Hukum Laut --- Konvent︠s︡ii︠a︡ OON po morskomu pravu --- Law of the Sea --- Law of the Sea Convention --- Lian ho guo hai yang fa gong yue --- Lien ho kuo hai yang fa kung yüeh --- Symvasis tōn Hēnōmenōn Ethnōn dia to Dikaion tēs Thalasses --- UN Convention on the Law of the Sea --- UNCLOS 1982 --- Lian he guo hai yang fa gong yue (1982 December 10) --- 联合国海洋法公约 (1982 December 10) --- Haeyangpŏp e kwanhan Kukche Yŏnhap hyŏbyak --- Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut --- Limit, Three-mile (Territorial waters) --- Marginal sea (Territorial waters) --- Maritime belt (Territorial waters) --- Territorial sea --- Three-mile limit (Territorial waters) --- Bodies of water --- Jurisdiction, Territorial --- Territory, National --- Contiguous zones (Law of the sea) --- Economic zones (Law of the sea) --- Innocent passage (Law of the sea) --- Law of the sea --- Science, Humanities and Social Sciences, multidisciplinary. --- Public International Law . --- Law of the Sea, Air and Outer Space. --- Public international law. --- Law of the sea. --- International law. --- High seas, Jurisdiction over --- Marine law --- Ocean --- Ocean law --- Sea, Law of the --- International law --- Maritime law --- Territorial waters --- Law of nations --- Nations, Law of --- Public international law --- Law --- Law and legislation --- UNCLOS --- Lian he guo hai yang fa gong yue --- 联合国海洋法公约
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