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The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.
It is a truism that the increasingly rapid movement in technology is forcing change and shift in the norms of international law. The 149 states of the Law of the Sea Conferences of the United Nations have been attempting to establish and develop adequate legal norms that will take into account the need for the orderly growth and use of the changing technological capabilities and the resulting economic development that cannot and should not be hindered by in adequate law. When such norms are identified and agreed by a substantial majority of states, they are usually set out and placed into multilateral treaties. The rules governing the resource and non-resource allocation of the oceans and the uses ofthe oceans have posed major difficulties for the development of international law for many years. The Geneva Conference of 1958 building upon the groundwork of the International Law Commission of the United Nations shaped a rough structure for a 20th Century Law of the Seas and for mulated the effort in four major international conventions. But a majority of the states failed to ratify or accede to the conventions. Even had they become effec tive as the expression of the Law of the Seas in the second half of the 20th Cen tury, there was one glaring area of omission: a conventional law for the waters of mid-ocean archipelagos and archipelagic states.
Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions. Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law. This volume is the third in the series entitled The Judges, which examines the opinions of international judges who have made significant contributions to international law.
Afhandling om udviklingen af de folkeretslige havretsregler fra fremkomsten i midten af det 17.årh. til midten af det 20 årh.