Law of the Sea: Progress and Prospects

International Law

Law of the Sea Progress and Prospects

Edited by David Freestone · David Freestone · Richard Barnes · David Ong
Oxford University Press July 2006

Specifications

ISBN-13
9780199299614
Publisher
Oxford University Press
Publication
July 2006
Format
Hardback , 504 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Includes contributions from leading authorities on the law of the sea, both academic and practitioner
  • Critically reviews the 1982 United Nations Convention on the Law of the Sea and the range of developments which have occurred since its inception
  • Examines the tension between regional global regimes for oceans governance and the structural regulation of the UN 1982 Convention
  • Examines the adaptability of the UN 1982 Convention and its ability to cope with unforeseen contemporary issues of oceans use

It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous "package deal" that it represented addressed many of the problematic issues that previous conventions had been unable to settle. This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982.



The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidation of authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements. They clearly indicate the potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which it operates.

Readership: Academic international lawyers; international law practitioners; and students of international law.

Table of Contents

Foreword


Acknowledgements


Notes on Contributors


List of Abbreviations


Table of Cases


Table of Legislation


1: Richard Barnes, David Freestone, David Ong: The Law of the Sea: Progress and Prospects


2: L. Dolliver M. Nelson: Reflections on the 1982 Convention on the Law of the Sea


3: Alan Boyle: Further Development of the 1982 Convention on the Law of the Sea


4: Louise de La Fayette: The Role of the United Nations in International Oceans Governance


5: Satya Nandan: Administering the Mineral Resources of the Deep Seabed


6: David M. Ong: Towards an International law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf?


7: Tullio Scovazzi: The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention


8: Malcolm D. Evans: Maritime Boundary Delimitation: Where Do We Go From Here?


9: Constance Johnson, Alex G. Oude Elferink: Submissions to the Commission on the Limits of the Continental Shelf in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the Convention on the Law of the Sea


10: Catherine Redgwell: From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment


11: Erik Jaap Molenaar: Port State Jurisdiction: Towards Mandatory and Comprehensive Use


12: Erik Franckx: The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship Between CITES and LOSC


13: Richard Barnes: The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation?


14: Patricia W. Birnie: Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling


15: Kristina M. Gjerde: High Seas Fisheries Management under the Convention on the Law of the Sea


16: David Freestone: The Role of the World Bank and the Global Environment Facility in the Implementation of the Regime of the Convention on the Law of the Sea


17: David Anderson: Freedoms of the High Seas in the Modern Law of the Sea


18: Stuart Kaye: Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction


19: Sam Bateman: Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones


20: Robin Churchill: Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade


21: Tullio Treves: A System for Law of the Sea Dispute Settlement


22: Barbara Kwiatkowska: The World Court and Peaceful Settlement of Oceans Disputes


Index

About the Author

Edited by David Freestone, Deputy General Counsel, Advisory Services, Legal Vice Presidency, The World Bank, Richard Barnes, Lecturer, The Law School, The University of Hull, and David Ong, Reader, The Department of Law, The University of Essex


Contributors:


Dolliver Nelson


Alan Boyle


Louise de La Fayette


Satya Nandan


David Ong


Tullio Scovazzi


Malcolm Evans


Alex Oude Elferink and Constance Johnson


Catherine Redgwell


Kristina Gjerde


Erik Jaap Molenaar


David Freestone


Richard Barnes


Pat Birnie


Erik Franckx


David Anderson


Stuart Kaye


Sam Bateman


Robin Churchill


Tullio Treves


Natalie McNelis


Barbara Kwiatkowska


David Freestone, Richard Barnes, and David Ong


 



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