Modern Law of the Sea


Book Description

These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).







Selected Contemporary Issues in the Law of the Sea


Book Description

Drawing on papers presented at Trinity College, Dublin, in 2010, 15 international expert contributors cover diverse law of the sea aspects such as straight baselines, high seas/EEZ jurisdiction (including human rights issues), and the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas




Historic Waters and Historic Rights in the Law of the Sea


Book Description

This new edition discusses the important clarifications on historic maritime claims—¬particularly 'historic rights' (falling short of sovereignty); and the interaction of such rights with the Law of the Sea Convention resulting from the arbitral Award on the Merits of 2016 in Philippines v. China, and examines what is now left of the former customary law doctrine.




Islamic Law of the Sea


Book Description

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.




Law of the Sea


Book Description

Law of the Sea is a collection of foundational and contemporary essays and articles which together, provide a comprehensive overview and analysis of the current law. With a particular focus on some of the key debates that arose during negotiation of the 1982 United Nations Convention on the Law of the Sea and how those issues are now seen in light of Twenty-First Century events, this book is an essential resource for students and researchers engaging in this dynamic and fundamental area of the International Law field. Contributors include leading diplomats, scholars and practitioners of the Law of the Sea.




The Sea in History


Book Description

How important has the sea been in the development of human history? Very important indeed is the conclusion of this ground-breaking four volume work. The books bring together the world's leading maritime historians, who address the question of what difference the sea has made in relation to around 250 situations ranging from the earliest times to the present. They consider, across the entire world, subjects related to human migration, trade, economic development, warfare, the building of political units including states and empires, the dissemination of ideas, culture and religion, and much more, showing how the sea was crucial to all these aspects of human development. The Sea in History - The Early Modern World covers the period from around the end of the fifteenth century up to the conclusion of the Napoleonic Wars in 1815. It examines the establishment and growth of 'the Atlantic World', but also considers maritime developments in the Indian Ocean, Southeast and East Asia and Africa, and highlights the continuing importance of the North Sea and the Baltic. A very wide range of maritime subjects is explored including trade, which went through a huge global expansion in this period; fishing; shipping, shipbuilding, navigation and ports; the role of the sea in the dissemination of religious ideas; the nature of life for sailors in different places and periods; and the impact of trade in particularly important commodities, including wine, slaves, sugar and tobacco. One particularly interesting chapter is on the Hanse, the important maritime commercial 'empire' based in north Germany, which extended much more widely than is often realised and whose significance and huge impact have often been overlooked. 33 of the contributions are in English; 42 are in French. CHRISTIAN BUCHET is Professor of Maritime History, Catholic University of Paris, Scientific Director of Océanides and a member of l'Académie de marine. GÉRARD LE BOUDEC is Emeritus Professor of the University of South Brittany.




Dispute Resolution in the Law of the Sea


Book Description

The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.




The Law of the Sea Convention


Book Description

This text provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management.




Making the Law of the Sea


Book Description

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.