International Law of the Sea

1. Auflage 2010
ISBN: 978-1-84113-257-0
Verlag: Hart Publishing

Buch, Englisch, 516 Seiten, Format (B × H): 171 mm x 244 mm

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 book 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 Convention on the Law of the Sea 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, military activities at sea, and marine resource 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 considered, 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 halted through 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.

Autoren/Hrsg.

Rothwell, Don

Stephens, Tim

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

The History and Sources of the International Law of the Sea
I. Introduction
II. Historical Development of the International Law of the Sea
A. The Grotian View of the Oceans
B. The Freedom of the Sea and Territorial Sea Claims
C. 1930 Hague Conference
D. Truman Proclamation
III. Work of the International Law Commission
IV. The First United Nations Conference on the Law of the Sea and the Geneva Conventions
V. The Second United Nations Conference on the Law of the Sea
VI. The Third United Nations Conference on the Law of the Sea
A. Claims to New Maritime Zones in the 1960s
B. The Regime of the Deep Seabed
C. UNCLOS III Conference Dynamics
D. The United States Position on Common Heritage and the Deep Seabed
VII. The United Nations Convention on the Law of the Sea
A. Core Provisions
B. Entry into Force
C. 1994 Implementing Agreement
D. 1995 Fish Stocks Agreement
VIII. Institutional Frameworks
IX. Sources of the International Law of the Sea
A. Customary International Law
B. Treaties and Conventions
C. Unilateral Declarations
D. Subsidiary Sources of Law
E. Soft Law
X. Challenges for the International Law of the Sea
A. Climate Change
B. Marine Environmental Security
C. Creeping Jurisdiction
XI. Review and Reform of the International Law of the Sea
XII. Further Reading
2 Coastal Waters
I. Introduction
II. History
III. Baselines
A. The Anglo-Norwegian Fisheries Case
B. International Law Commission
i. International Law Commission Draft Articles
C. UNCLOS I
D. Convention on the Territorial Sea and Contiguous Zone
E. Post-UNCLOS I State Practice
F. LOSC
IV. Key Issues in the Delimitation of Coastal Waters
A. Low-water
B. Straight Baselines
C. Low-tide Elevation
D. Juridical Bays
E. Historic Bays
F. Contemporary State Practice
V. Internal Waters
A. Views of the ILC
B. Convention on the Territorial Sea and Contiguous Zone
C. LOSC
D. State Practice
i. Territorial Sovereign Rights and Internal Waters
ii. Port Access
iii. Jurisdiction over Foreign Ships in Port
VI. Further Reading
3 Territorial Sea and Contiguous Zone
I. Introduction
II. Territorial Sea in Customary International Law
III. Codification of the Territorial Sea
A. The Views of the International Associations
B. International Law Commission
C. UNCLOS I
D. Convention on the Territorial Sea and Contiguous Zone
E. UNCLOS II
F. State Practice
IV. UNCLOS III and the LOSC
V. Contemporary Territorial Sea in State Practice
A. Breadth of the Territorial Sea
B. Sovereignty and Jurisdiction
C. Innocent and Transit Passage
VI. Contiguous Zone
A. ILC
B. UNCLOS I and the Geneva Convention
C. UNCLOS III and the LOSC
D. State Practice
VII. Further Reading
4 The Exclusive Economic Zone
I. Introduction
II. The Concept of the EEZ
III. Breadth of the EEZ and its Relationship with Other Maritime Zones
IV. Coastal State Rights and Obligations in the EEZ
A. Sovereign Rights
i. Living Resources
ii. Non-Living Resources
B. Jurisdictional Rights
i. Artificial Islands, Installations and Structures
ii. Marine Scientific Research
iii. Marine Environmental Protection
V. Rights and Duties of Other States in the EEZ
A. Navigation and Overflight
i. Environmental Security
ii. Military Security
B. Submarine Cables and Pipelines
VI. Future Developments
VII. Further Reading
5 The Continental Shelf
I. Introduction
II. The Truman Proclamation
III. UNCLOS I and the Geneva Convention
A. Work of the International Law Commission
B. The Convention on the Continental Shelf
C. North Sea Continental Shelf Cases
IV. UNCLOS III
V. LOSC
A. Commission on the Limits of the Continental Shelf
B. Rights and Duties of Coastal and Other States
C. Relationship with the EEZ Regime
VI. Further Reading
6 The Deep Seabed
I. Introduction
II. The Deep Seabed: Environment and Resources
III. Early Debates: Sedentary Fis

Über Autor(innen)

Rothwell, Don
Donald R Rothwell is Professor of International Law at the Australian National University, Canberra

Stephens, Tim
Tim Stephens is Senior Lecturer in Law at the University of Sydney.

Donald R Rothwell is Professor of International Law at the Australian National University, Canberra
Tim Stephens is Senior Lecturer in Law at the University of Sydney.