8. The international law of the sea

2019 ◽  
pp. 143-165
Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.

2021 ◽  
pp. 139-162
Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.


Author(s):  
Anders Henriksen

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth's surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; examines a number of selected issues relating to the conservation of marine life; and discusses the protection of the marine environment. The final section provides a short introduction to dispute settlement in the law of the sea.


2005 ◽  
Vol 36 (4) ◽  
pp. 683 ◽  
Author(s):  
Rosemary Rayfuse

In this article Rosemary Rayfuse evaluates the dispute resolution provisions found in Part XV of the United Nations Law of the Sea Convention (UNCLOS). While the cases emerging from the International Tribunal on the Law of the Sea (ITLOS) to date have been limited in number, they can provide us with some idea of whether the Part XV machinery has been successful, and allow some predictions to be made as to its continuing role in the development of the law of the sea. Having examined this jurisprudence, she concludes that while the fears of fragmentation in the sense of inconsistent interpretations or applications of legal rules have not yet materialised, the overall role for the dispute settlement provisions in the development of international law seems rather limited.


Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.


2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.


1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  

In 1982 the Third United Nations Conference on the Law of the Sea adopted a treaty, the United Nations Convention on the Law of the Sea, that succeeded in resolving the most fundamental questions of the law of the sea in accordance with three basic principles: 1.The rules of the law of the sea must fairly balance the respective interests of all states, notably the competing coastal and maritime interests, in a manner that is generally acceptable.2.Multilateral negotiations on the basis of consensus replace unilateral claims of right as the principal means for determining that balance.3.Compulsory dispute settlement mechanisms should be adopted to interpret, apply, and enforce the balance.


It is the object of the third United Nations Conference on the Law of the Sea to obtain broad international agreement on the limits to the territorial sea, on that area beyond these limits within which the coastal state may exercise rights over living and non-living resources and on the nature and manner of exercise of those rights. The Conference is also required to establish an international regime to deal with the exploration and exploitation of the deep seabed beyond the limits of coastal states’ rights. The work done by the Conference in five sessions since 1973 will have its effect on international law and practice but, partly owing to differences between the view-points of less industrialized and the more industrialized states (not confined to marine matters), the global solution essential for the orderly regulation of movement of shipping, scientific research and development of fisheries and sea-bed mineral resources may yet elude the Conference, to the detriment of the participating states and of the international community as a whole.


2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.


1992 ◽  
Vol 86 (4) ◽  
pp. 764-787 ◽  
Author(s):  
Philip Allott

That Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea, and in the passage, fishing and shores thereof, is so evidently true by way of fact, as no man that is not desperately impudent can deny it.Sir John BoroughsUsing the United Nations Convention on the Law of the Sea of 1982 as a root stock, it is possible to generate a fundamentally new international law of the sea. This regeneration will not be the product of yet another diplomatic negotiation among the representatives of the governments of states. It will be brought about by a much more direct and efficient method. It requires nothing more nor less than a reconceiving of the theoretical basis of the law of the sea.


1997 ◽  
Vol 46 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Alan E. Boyle

The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.


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