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