United Nations Convention on the Law of the Sea, 1982

A Commentary

Author: Myron H. Nordquist

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792324713

Category: Law

Page: 1

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These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.
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Cases and Materials on the Law of the Sea, Second Edition

Author: Louis B. Sohn †,John Noyes,Erik Franckx,Kristen Juras

Publisher: Martinus Nijhoff Publishers

ISBN: 9004203567

Category: Law

Page: 1068

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This second edition of Cases and Materials on the Law of the Sea compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics.
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The International Law of the Sea

Author: Yoshifumi Tanaka

Publisher: Cambridge University Press

ISBN: 1107080401

Category: Law

Page: 548

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A systematic examination of all topics in law of the sea courses, fully updated to include contemporary issues.
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The Law of the Sea

Author: U. N. Gupta

Publisher: Atlantic Publishers & Dist

ISBN: 9788126904082

Category: Law of the sea

Page: 296

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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.
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The International Law of the Sea

Author: Donald R. Rothwell,Tim Stephens

Publisher: Hart Publishing Limited

ISBN: 9781782256847

Category: Law of the sea

Page: 608

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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 second edition of this acclaimed textbook takes as its focus the rules and institutions established by the Convention on the Law of the Sea while situating 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 * 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. [Subject: International Law, Maritime Law, Environmental Law, Public Law]
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Cries of the Sea

World Inequality, Sustainable Development and the Common Heritage of Humanity

Author: Peter B. Payoyo

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041105042

Category: Law

Page: 547

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A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources 'the common heritage of mankind'. The author suggests that the terms 'common', 'heritage', and 'humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of 'the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.
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The Law of the Sea

Author: Robin Rolf Churchill,Alan Vaughan Lowe

Publisher: Juris Publishing, Inc.

ISBN: 1578230292

Category: Law

Page: 494

View: 7903

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The Law of the Sea quickly established itself as the standard work on the subject: authoritative, balanced and readable.This new 3rd edition has been completely revised and updated to cover the many developments that have occurred since publication of the second edition in 1988, among the most notable of which is the entry into force in 1994 of the UN Convention on the Law of the Sea. Written so as to be intelligible to all concerned with maritime affairs, the book has proved particularly valuable to international lawyers and those taking specialist courses in the law of the sea and maritime studies.The aim of the third edition of this book remains broadly the same as that of the first two editions, namely to provide an introduction to the law of the sea, surveying not only the 1982 United Nations Convention on the Law of the Sea but also the customary and conventional law which supplements it. Since the previous edition of this book was published in 1988, much has happened in the law of the sea. Most notably, the 1982 Convention has entered into force and is now widely ratified. In addition a number of important multilateral treaties have been concluded (including the two Agreements of 1994 and 1995 relating to the implementation of the Convention), there have been several judgments by international courts and tribunals, and there has been a vast amount of bilateral treaty-making, national legislation and other forms of State practice. This new edition has been completely revised and extensively rewritten, although the basic structure of the book remains unchanged. Scope Of The Book: This book is concerned with the public international law of the sea - that is to say, with the rules and principles that bind States in their international relations concerning maritime matters. Accordingly, it does not discuss, except incidentally, the rules of private maritime law, which concern such matters as marine insurance, carriage of goods by sea and maritime liens; nor does it provide a survey of the municipal law of the United Kingdom, or of any other country, relating to the law of the sea. Furthermore, it is concerned with the laws of peace and not with the matters that have traditionally been considered under the heading of the laws of war, and consequently topics such as maritime neutrality and prize law fall beyond its scope. Nonetheless, this leaves a considerable body of law within the purview of the book.The treatment of the subject falls into two broad divisions. First, we take each of the major maritime zones recognized in contemporary international law, and explain the rules presently applicable to that zone against the background of the main stages of the historical development of those rules. Increasingly, however, the law of the sea is being developed along functional, rather than zonal, lines. For example, whereas the 1958 United Nations Conference on the Law of the Sea concentrated mainly on producing a framework of rules governing States'' rights and duties in the territorial sea, continental shelf and high seas, many of the more recent international agreements have been concerned not with particular zones but with particular uses of the seas, such as pollution, fishing (which was in fact also the subject of one of the conventions produced by the 1958 conference) and navigation. We have, therefore, thought it necessary, in order to bring together the many rules of international law relating to the various uses of the seas, to provide separate surveys of each of the main activities carried out in the seas. These functional surveys appear in the later chapters of the book.Although the international law of the sea is in principle limited in its application to States and other entities having international personality, it has immediate significance for individuals. Thus, for instance, individuals may be arrested in coastal waters on charges of illegal fishing, or find that their ships are deniedAbout The Authors: R. R. Churchill is Reader in Law at the University of Wales, Cardiff. V. Lowe is Reader in International Law at the University of Cambridge and a Fellow of Corpus Christi College.
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