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International Law of the Sea

ISBN-10: 1841132578
ISBN-13: 9781841132570
Edition: 2010
List price: $78.00 Buy it from $24.79 Rent it from $17.96
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Description: The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This text provides a fresh explanation of the foundational principles of the law of the sea, a critical  More...

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Book details

List price: $78.00
Copyright year: 2010
Publisher: Bloomsbury Publishing Plc
Publication date: 9/27/2010
Binding: Paperback
Pages: 545
Size: 6.75" wide x 9.25" long x 1.25" tall
Weight: 2.134
Language: English

The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This text provides a fresh explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea, and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention.The book takes as its focus the rules and institutions established by the Law of the Sea Convention and places the achievements of the convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, marine resources and conservation issues including fisheries, marine environmental protection, and dispute settlement. As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are addressed including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be addressed through new and strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.

The History and Sources of the International Law of the Sea
Introduction
Historical Development of the International Law of the Sea
The Grotian View of the Oceans
The Freedom of the Sea and Territorial Sea Claims
1930 Hague Conference
Truman Proclamation
Work of the International Law Commission
The First United Nations Conference on the Law of the Sea and the Geneva Conventions
The Second United Nations Conference on the Law of the Sea
The Third United Nations Conference on the Law of the Sea
Claims to New Maritime Zones in the 1960s
The Regime of the Deep Seabed
UNCLOS III Conference Dynamics
The United States Position on Common Heritage and the Deep Seabed
The United Nations Convention on the Law of the Sea
Core Provisions
Entry into Force
1994 Implementing Agreement
1995 Fish Stocks Agreement
Institutional Frameworks
Sources of the International Law of the Sea
Customary International Law
Treaties and Conventions
Unilateral Declarations
Subsidiary Sources of Law
Soft Law
Challenges for the International Law of the Sea
Climate Change
Marine Environmental Security
Creeping Jurisdiction
Review and Reform of the International Law of the Sea
Further Reading
Coastal Waters
Introduction
History
Baselines
The Anglo-Norwegian Fisheries Case
International Law Commission
International Law Commission Draft Articles
UNCLOS I
Convention on the Territorial Sea and Contiguous Zone
Post-UNCLOS I State Practice
LOSC
Key Issues in the Delimitation of Coastal Waters
Low-water
Straight Baselines
Low-tide Elevation
Juridical Bays
Historic Bays
Contemporary State Practice
Internal Waters
Views of the ILC
Convention on the Territorial Sea and Contiguous Zone
LOSCD. State Practice
Territorial Sovereign Rights and Internal Waters
Port Access
Jurisdiction over Foreign Ships in Port
Further Reading
Territorial Sea and Contiguous Zone
Introduction
Territorial Sea in Customary International Law
Codification of the Territorial Sea
The Views of the International Associations
International Law Commission
UNCLOS I
Convention on the Territorial Sea and Contiguous Zone
UNCLOS II
State Practice
UNCLOS III and the
Contemporary Territorial Sea in State Practice
Breadth of the Territorial Sea
Sovereignty and Jurisdiction
Innocent and Transit Passage
Contiguous Zone
ILC
UNCLOS I and the Geneva Convention
UNCLOS III and the LOSC
State Practice
Further Reading
The Exclusive Economic Zone
Introduction
The Concept of the EEZ
Breadth of the EEZ and its Relationship with Other Maritime Zones
Coastal State Rights and Obligations in the EEZ
Sovereign Rights
Living Resources
Non-Living Resources
Jurisdictional Rights
Artificial Islands, Installations and Structures
Marine Scientific Research
Marine Environmental Protection
Rights and Duties of Other States in the EEZ
Navigation and Overflight
Environmental Security
Military Security
Submarine Cables and Pipelines
Future Developments
Further Reading
The Continental Shelf
Introduction
The Truman Proclamation
UNCLOS I and the Geneva Convention
Work of the International Law Commission
The Convention on the Continental Shelf
North Sea Continental Shelf Cases
UNCLOS III
LOSC
Commission on the Limits of the Continental Shelf
Rights and Duties of Coastal and Other States
Relationship with the EEZ Regime
Further Reading
The Deep Seabed
Introduction
The Deep Seabed: Environment and Resources
Early Debates: Sedentary Fisheries and the Deep Seabed
The Moratorium Resolution and Principles Resolution
UNCLOS III
Reciprocating States
The LOSC and 1994 Agreement
The Main Revisions in the 1994 Agreement
The International Seabed Authority and the Seabed Mining System
The ISBA
The Assembly
The Council
Recent Activities of the ISBA and the Mining Code
Main Elements of the Deep Seabed Mining Regime
Further Reading
High Seas
Introduction
The High Seas as a Managed Common Area
Historical Development of the High Seas
Pre-Grotian Freedoms of the High Seas
Grotian Vision of the High Seas
High Seas in Customary International Law
Jurisdiction over Vessels on the High Seas
Codification of the High Seas Regime
Pre-Geneva Codifications
Work of the ILC
UNCLOS I
UNCLOS III
The LOSC and the High Seas
Freedom of the High Seas
Freedom of Navigation
Freedom of Overflight
Freedom to Lay Submarine Cables and Pipelines
Freedom to Construct Artificial Islands and other Installations
Freedom of Fishing
Freedom of Scientific Research
Shipping
Nationality of Ships
Duties of the Flag State
Immunities
Collisions
Assistance to Persons at Sea
Prohibitions
Piracy
Slavery
Drug Trafficking
Unauthorised Broadcasting
Enforcement
Conservation and Management of Living Resources
Relationship with Other Maritime Zones
Further Reading
Archipelagic States
Archipelagos and International Law
Early Codifications
UNCLOS I
The Indonesian and Philippines Claims
Indonesia
The Philippines
UNCLOS III
The LOSC and Archipelagic States
Archipelagic States
Archipelagic Baselines
The Legal Status of Archipelagic Waters
Archipelagic State Practice
Proclaimed Archipelagic States
Archipelagic State Rights over Archipelagic Waters
Further Reading
Landlocked and Geographically Disadvantaged States
Introduction
Landlocked States and Access to the Sea
Early Developments
UNCLOS I
Post-UNCLOS I Developments
The LOSC
Landlocked States and Rights of Navigation
Landlocked and Geographically Disadvantaged States and Marine Resources
Living Resources of the EEZ
Living Resources of the High Seas
Mineral Resources of the Area
Marine Scientific Research and Transfer of Marine Technology
Further Reading
Navigational Rights and Freedoms
Freedom of the Seas and Navigational Rights and Freedoms
Traditional Interests
Contemporary Interests
Customary International Law Prior to UNCLOS I
Early State Practice
The Corfu Channel Case
UNCLOS I and the Geneva Conventions
The Work of the International Law Commission
UNCLOS I
UNCLOS III and the LOSC
Territorial Sea
Coastal State Rights in the Territorial Sea
The Right of Innocent Passage
Coastal State Rights and Duties Regarding Innocent Passage
Prevention of Passage
Regulation of Passage
Obligation not to Hamper Innocent Passage
Sea Lanes and Traffic Separation Schemes
The Rights of Foreign Flagged Vessels
Warships
Nuclear Vessels and Vessels Carrying Hazardous Substances
Vessels in Distress
High Seas
Exclusive Economic Zone
Further Reading
International Straits and Archipelagic Navigation
Recognising Rights of Navigation through Straits
The Corfu Channel Case
The ILC and UNCLOS I
UNCLOS III Deliberations and the LOSC
The Straits Regime
The Archipelagic Regime
International Straits
Categories of Straits
The Regime of Transit Passage
The Act of Transit
Duties of Ships and Aircraft in Transit
Obligations of Strait States
Regulation of Transit Passage
Enforcement of Strait State Laws and Regulations
Navigation in Specific International Straits
Turkish Straits
Strait of Gibraltar
Straits of Malacca and Singapore
Torres Strait
Archipelagic Navigation
Innocent Passage within Archipelagic Waters
Archipelagic Sea Lanes Passage
Navigation in the 'Normal Mode'
Navigation within Archipelagic Sea Lanes
Designation of Archipelagic Sea Lanes
Obligations while Undertaking Archipelagic Sea Lanes Passage
Obligations of the Archipelagic State
State Practice Designating Archipelagic Sea Lanes
Further Reading
Military Uses of the Oceans
Introduction
Historical Overview
International Law and Naval Operations
Law of Naval Warfare
United Nations-Sanctioned Naval Operations
Codification of the Law of the Sea
Work of the International Law Commission
UNCLOS I and the Geneva Conventions
UNCLOS III and the LOSC
Navigational Rights and Freedoms
Innocent Passage by Warships
Transit Passage by Warships
Archipelagic Sea Lanes Passage by Warships
EEZ Navigation by Warships
Military Survey Activities
Naval Operations at Sea
United Nations Sanctioned Interdictions
Proliferation Security Initiative
Weapons Testing and Military Manoeuvres
Demilitarised and Nuclear Free Zones
Overflight by Military Aircraft
Further Reading
Marine Resource Management
Introduction
Non-Living Marine Resources
Resource Potential
Internal Waters and Territorial Sea
Continental Shelf and Exclusive Economic Zone
The High Seas and Deep Seabed
Joint Development
Living Resources
Fisheries and the 'Tragedy of the Commons'
Pre LOSC Developments
1958 Geneva Conventions
LOSC Regime
Internal Waters, the Territorial Sea and Archipelagic Waters
Exclusive Economic Zone
Shared Stocks
Continental Shelf
The High Seas
Deep Seabed
Species-Specific Rules
Highly Migratory Species
Marine Mammals
Anadromous Species
Catadromous Species
Post-LOSC Developments
High Seas Fishing
Fish Stocks Agreement
Further Reading
Marine Scientific Research
Introduction
Development of the Regime for Marine Scientific Research
Early History of Marine Scientific Research
Marine Scientific Research and NorthSouth Tensions in the Post-WW II Period
The Pre-LOSC Regime for Marine Scientific Research
The LOSC Regime for Marine Scientific Research
General Provisions
Internal Waters, Archipelagic Waters and the Territorial Sea
Continental Shelf and Exclusive Economic Zone
Hydrographic Surveying
Scientific Research Installations and Equipment
High Seas
Deep Seabed
Marine Scientific Research under Other Regimes
Coastal State Legislation concerning Marine Scientific Research
Future Developments
Further Reading
Marine Environmental Protection
Introduction
Sources and Type of Marine Pollution
The Legal Framework: LOSC and Regional Treaties
LOSC
Regional Treaties
Operational Vessel-Source Pollution
Operational and Accidental Vessel Pollution Distinguished
LOSC and the IMO
International Standards
The MARPOL Jurisdictional Framework
Flag States
Port States
The LOSC Jurisdictional Framework
Flag States
Port States
Coastal States
Enforcement Jurisdiction
Accidental Vessel-Source Pollution
Safety of Shipping
SOLAS
Qualifications and Working Conditions for Seafarers
Preventing Collisions at Sea
Pollution Emergencies
Responding to Pollution Emergencies
Coastal State Rights of Intervention
The Role of Salvors
Liability for Vessel-Source Pollution
State Responsibility
Civil Liability
Liability for Oil Pollution Damage
1992 Civil Liability Convention
The 1992 Fund Convention
Liability for Other Pollution Damage
Seabed Pollution
Territorial Sea, EEZ and Continental Shelf
Dumping at Sea
1972 London Convention
1996 Protocol
Jurisdiction and Enforcement
Ship Scrapping and Recycling
Regional Agreements
Land-Based and Atmospheric Pollution
1995 Global Programme of Action
Further Reading
Delimitation of Maritime Boundaries
Introduction
Grisbadarna Arbitration
Influence of Boggs
Work of the International Law Commission
Codification of the Law
Convention on the Territorial Sea and Contiguous Zone
Convention on the Continental Shelf
Early Cases
North Sea Continental Shelf Cases
Anglo-French Arbitration
LOSC
The ICJ and Maritime Boundary Delimitation
Principles of Maritime Boundary Delimitation
Delimitation Methodology
Territorial Sea
EEZ/Continental Shelf/Single Maritime Boundary
Territorial Sea Delimitations
Equitable Solution/Equitable Result
Equidistance and Median Lines
Relevant and Special Circumstances
Special Circumstances
Relevant Circumstances
Islands
Fishing
Oil Concessions
Single Maritime Boundaries
Maritime Boundary Delimitation by Agreement
Settled Maritime Boundaries
Joint Development Zones
Further Reading
Maritime Regulation and Enforcement
Introduction
International Law Regarding Enforcement Powers at Sea
Hot Pursuit
Case Law
State Practice
Multilateral Hot Pursuit
Use of Force
LOSC and Use of Force
General Principles Regarding the Use of Force at Sea During Peacetime
Enforcement Operations within Particular Maritime Zones
Internal Waters
Territorial Sea
Criminal Jurisdiction
Civil Jurisdiction
Territorial Sea of an International Strait
Archipelagic Waters
Contiguous Zone
EEZ
Matters Subject to EEZ Sovereign Rights
Matters Subject to EEZ Jurisdiction
Continental Shelf
High Seas
Specialist Regimes Relating to Maritime Regulation and Enforcement
Piracy
Maritime Terrorism and Related Unlawful Acts
Fisheries
Transnational Crime
Further Reading
Dispute Settlement in the Law of the Sea
Introduction
Dispute Settlement in International Law: General Mechanisms
Dispute Settlement in the Law of the Sea: Pre-LOSC Developments
ILC Draft Articles on the Law of the Sea
UNCLOS I
UNCLOS III
Dispute Settlement under the LOSC
Jurisdictional Conditions
Compulsory Dispute Settlement
Applicable Law
Provisional Measures
Prompt Release
Jurisdictional Limitations and Exceptions
ITLOS
Further Reading
Oceans Governance
Introduction
The Concept of Oceans Governance
Government and Governance Distinguished
The Ecosystem Approach and Area-Based Management
Area-Based Tools for Marine Management
Transparent and Participatory Decision-Making Processes
Scientific and Other Cross-Disciplinary Influences
Normative Influences on Oceans Governance
The Global Legal Framework for Oceans Governance
The Policy Framework for Oceans Governance
Norms and Principles of Oceans Governance
Institutions for Oceans Governance
Regional, Sub-regional and National Oceans Governance
UNEP Regional Seas Programme
European Union
Asia-Pacific Economic Cooperation
Further Reading
Index

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