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The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. The Handbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
The Book, The Law Of The Sea, With An Introduction By Professor U.N. Gupta, Is Designed To Meet The Needs And Requirements Of Scholars Of International Law And International Relations; Professionals Engaged In Merchant Shipping Or Connected With Naval Forces And The Policy Makers Of Different States Who Want To Know About National Interests In The Seas, Among Others. Necessarily, The Book Presents In Depth The Various Forms And Aspects Of Human Interests Involved When The States Do Or Do Not Have A Sea Coast. This Study Encompasses A Period Of About Six Centuries And Is Dotted With Conflict Of Claims Made By Kings And States From Time To Time, Various Mutual Understandings Made, Treaties Or Conventions Signed By Them, Or Customary International Law Relating To The Sea As It Gradually Developed By Consensus Or By Sufferance. The Sea Has Provided An Easy Method Of Navigation For Trade Or Empire Building Purposes. The Various Parts Of The Sea, Like Bays, Gulfs Or Territorial Sea Got Defined In The Process. This Part Of The Law Of Sea Which Is History-Based And Mainly Customary Has Been Included In The Introduction Part Of The Book. With The Technological Advancements Made For Winning The Second World War, The Victorious Powers Saw The Vast Economic Potential For Exploitation Presented To Them By The Widespread Ocean Wealth. This Capability And Future Prospects Gave Copernican Turn To Customary Law Of The Sea As It Was Till The End Of Second World War. The New Competitive Wave Set In Motion By The Two Unilateral Proclamations By The Usa In 1945 Resulted In The Overhauling Of The Law Of Sea By The Four 1958 Geneva Conventions On The Law Of Sea. The Introduction And The Appendices To The Book Give The Rationale, Substance And The Texts Of These Developments. These Also Lead To Various International Understands, Conventions And Treaties Made For Peaceful Uses Of The Seas By The States. The Important Use Of The Seas For Extraction Of Sea Wealth Gave Rise To Further Demands On The Law Of Sea In 1960S And 1970S Leading To The Iii United Nations Conferences On The Law Of Sea. The Culminated Comprehensive 1981 Un Convention On The Law Of Sea After Long Drawn Consensus Procedures By All The States Of The World, Coastal Or Non-Coastal, Is In Various Ways Studied In The Book And The Text Of 1981 Convention On The Law Of Sea Has Been Included In Its Appendices.
The most current text available on the international and U.S. law of the sea, this much-needed reference is built around the 1982 United Nations Convention on the Law of the Sea and other relevant maritime materials. While it addresses all aspects of ocean usage, much emphasis has been placed on issues of contemporary importance such as international fisheries, maritime boundaries, and deep seabed mining. The first part introduces traditional zones of jurisdiction and doctrine such as inland waters, territorial seas, or high seas, as well as some new concepts related to navigation: the regimes of international straits and archipelagic waters and exclusive economic zones. The latter part analyzes functional issues such as fishing, oil and gas exploitation, mining, scientific research, and maritime pollution, referring on each subject to the U.S. law for comparison.
Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.
These collected essays reflect the development of the author’s views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.