De Groot – A Founding Father of the Law of the Sea, Not the Law of the Sea Convention

Grotiana ◽  
2009 ◽  
Vol 30 (1) ◽  
pp. 152-167
Author(s):  
Alex Oude Elferink
Keyword(s):  
International Law ◽  
Present Article ◽  
Significant Role ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Founding Father ◽  
The Law ◽  
Significant Measure ◽  
Oceans Management ◽  
High Seas

AbstractThe present article examines if the principle of freedom of the high seas as formulated by Hugo de Groot still plays a significant role in international law. The article starts from an analysis of De Groot's ideas on the law of the sea and then turns to the freedom of the high seas in the modern law of the sea. In both cases, the legal framework is assessed against the background of the activities that require(d) regulation. Freedom of the high seas, although it has lost ground to other ordering principles, remains significant at the level of principles. However, at the level of designing an effective regime for current problems in oceans management, which to a large extent are caused by deficiencies in the enforcement scheme implicit in freedom of the high seas, the writings of De Groot, in whose time those activities did not require any significant measure of international coordination and cooperation, offer little assistance.

An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend

2021 ◽  
pp. 1-22
Author(s):  
Andreas Motzfeldt Kravik
Keyword(s):  
International Law ◽  
Current Trend ◽  
The United States ◽  
Legal Framework ◽  
Great Powers ◽  
Great Power ◽  
Law Of The Sea ◽  
The Law ◽  
Law Making ◽  
Multilateral Treaties

Abstract The article explores the current stagnation in multilateral law-making based on an analysis of recent treaty attempts across various subfields of international law. It further examines why the law of the sea has continued to evolve despite this trend. The article demonstrates that states still regularly seek multilateral treaties to address new challenges. While there is some evidence of general treaty saturation, it is the current inability of traditional great powers to negotiate new binding norms which is the most constraining factor on multilateral law-making. This in turn is related to deeper geopolitical shifts by which traditional great powers, notably the United States and its allies, have seen their relative influence decline. Until the current great power competition ends or settles into a new mode of international co-operation, new multilateral treaties with actual regulatory effect will rarely emerge. The law of the sea has avoided the current trend of stagnation for primarily three reasons (i) a global commitment to the basic tenets of the law of the sea; (ii) a legal framework that affords rights and obligations somewhat evenly disbursed, allowing less powerful states to use their collective leverage to advance multilateral negotiations, despite intermittent great power opposition; and (iii) the avoidance of entrenched multilateral forums where decisions are reached by consensus only.

18. The law of the sea

2019 ◽  
pp. 468-493
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Basic Concept ◽  
Law Of The Sea ◽  
Economic Resource ◽  
Public International Law ◽  
The World ◽  
The Law ◽  
Bodies Of Water ◽  
High Seas

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.

The Third United Nations Conference on the Law of the Sea

1976 ◽  
Vol 11 (1) ◽  
pp. 1-51 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Historical Context ◽  
Law Of The Sea ◽  
General Assembly ◽  
Special Rapporteur ◽  
Priority List ◽  
The Third ◽  
The Law ◽  
High Seas

This article is divided into four parts. The first aims to place the Third United Nations Conference on the Law of the Sea in its historical context. The second describes some aspects of the first three sessions of that Conference (1973–1975). In the third an account of major specific interests and conflicts which have appeared in this Conference is given. Finally, some tentative conclusions are drawn—tentative, because the Conference has not yet completed its labours.During its first session (1949) the newly established International Law Commission, set up by the General Assembly in accordance with the provision of Article 13 of the Charter relating to the codification and progressive development of international law, included the topics of the régime of the high seas and the régime of territorial waters in its provisional list of fourteen topics selected for codification. It placed the régime of the high seas on its priority list, and appointed Professor J.P.A. François (The Netherlands) as special rapporteur. At the recommendation of the General Assembly in resolution 374 (IV) of 6 December 1949 the Commission in 1950 included the régime of territorial waters on its priority list, and in 1951 it initiated work on that topic, for which Professor François was also designated special rapporteur. The Commission was heavily occupied with both these topics until 1956.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

The United Nations Convention on the Law of the Sea

2000 ◽  
Author(s):  
John-Pierre Levy
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
World Organization

When the United Nations Convention on the Law of the Sea (the Convention) was adopted in 1982 after nine years of negotiations, it was hailed as "the ultimate constitution for the oceans". For the first time, an international legal instrument acknowledges that "the problems of ocean space are closely interrelated and need to be considered as a whole". Accordingly, in 320 articles and 9 annexes, the treaty provides the international legal framework for exercising the rights and duties of States relating to their uses of ocean space and its resources. After substantially amending the part dealing with the deep seabed area and its resources by the Agreement of 28 July 1994, the Convention entered into force on 16 November 1994 for those States which deposited instruments of ratification. It is now strongly supported by a significant majority of the States of the world, including major maritime powers, developing states, and others. The Convention codifies and develops customary international law as well as creating new rules and institutions. In some respects, the Convention provides specific rules and, in other respects, more general rules, whose precise meaning will evolve through practice. The Convention provides at minimum a framework for all uses of the sea. It envisages other international agreements, bilateral and multilateral, to elaborate its implementation. In spite of the breadth of the subject matter, the practice of States generally conforms to the law of the sea embodied in the Convention. The international community rightly feels proud of its achievement. But international law (and the law of the sea in particular) is a reflection of the needs of States during a certain period in history and their expectations of the future. This Convention does not necessarily contain the answers to all the challenges awaiting humankind in the 21st century, but it provides a sound framework for addressing them. Before examining in depth the issues relating to the delimitation of the outer limit of the continental shelf, a brief review of the major features of the Convention is appropriate. In the aftermath of World War II and soon after the creation of the United Nations in 1945, the new world organization requested its International Law Commission to consider the codification of existing customary international law relating to the oceans.

scholarly journals Determining the Scope of the Local Remedies Rule in unclos Disputes

2018 ◽  
Vol 21 (1) ◽  
pp. 36-62 ◽  
Author(s):  
Loris Marotti
Keyword(s):  
International Law ◽  
Present Article ◽  
Present State ◽  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
The Law

Art. 295 of the UN Convention on the Law of the Sea (unclos) embodies the rule of prior exhaustion of local remedies by making a renvoi to cases where the application of the rule is required by international law. In the practice of the International Tribunal for the Law of Sea (itlos) and Annex vii Tribunals, States continuously raise preliminary objections based on Art. 295. However, such tribunals have never found the local remedies rule applicable. In this paper, it is argued that the approach taken by unclos Tribunals towards the applicability of the local remedies rule is not persuasive since, absent proper reasoning, it fails to align with – or expressly depart from – what appears to be the present state of international law on the topic. Furthermore, the above practice undermines the effectiveness of Art. 295 and calls into question the actual relevance of the local remedies rule within unclos disputes. In the present article the approach followed by unclos Tribunals with respect to the applicability of the local remedies rule is assessed against a reconsideration of the issue of mixed claims and the specific regime set forth in the Law of the Sea Convention. In the concluding section the approach taken in unclos Tribunals’ case law is considered in light of recent criticisms pointing out the current improper expansion of the jurisdiction under unclos Part xv.

scholarly journals The Historical Development of International Law of the Sea

2017 ◽  
pp. 28-40
Author(s):  
Tam Xuan Song
Keyword(s):  
International Law ◽  
Correction Method ◽  
Legal Framework ◽  
Point Of View ◽  
Law Of The Sea ◽  
Basic Work ◽  
The Law ◽  
Universal Structure ◽  
The One

Modern Law of the Sea the date of the date of the beginning of the modern international law. Graeasius, a Dutch lawyer who is considered as the law of international law, is considered as a law of the sea. In this issue published in 1609, his basic work, Free Sass, or Murray Liber tom, established some important concepts in this regard. He summarized the principle of freedom of the sea, which is free from the sea and all countries should be open to use. Not to be ambitious about the third United Nations Conference Sea law was one of the most important legislative events of the twentieth century, Centuries this international law initiates a revolution a new legislative strategy for making compromises and universal decisions Participation it creates a comprehensive deal on the sea law. As a result, it is claimed that the convention of the Sea Convention is to be provided universally, this thesis initially established a legal basis for the Los Convention The universal structure for the sea law. Discuss how it shows up the convention mainly affects traditional international law so that it is possible. The sea speaks of a universal law. However, the convention status as a public the law creates problems for its future development because it cannot be fully considered from the point of view of the treaty law. Therefore, the thesis will be considered. In addition to other legislation, the procedure for change in the Convention Out process with traditional contract framework. The central role of this analysis Institutions in the modern international law organization Thesis shows the acting part Through the law of the sea through developing political and technical institutions Explanation, correction, and correction, as well as in this way Organizations have used and improved universal decision-making strategies The first UNCLOS third is seen. It will analyze the role of court judges and tribunals maintaining and developing sea legal orders. This analysis shows that the convention provides legal framework. The modern laws of the sea for all states. In this context, there are institutional mechanisms the one-sided state practice in law enactment is replaced. Moreover, the state has been shown a choice for flexibility and pragmatism on the formal correction method. The Los Convention is creating a statutory legal order for maximum achievement, Ocean to maintain this stability, continuing discussion, discussion and compromise is important through international organizations.

scholarly journals YURISDIKSI INTERNASIONAL PENANGGULANGAN PEROMPAKAN dI LAUT LEPAS

2014 ◽  
Vol 3 (1) ◽  
Author(s):  
Asri - Dwi Utami ◽  
Siti Muslimah ◽  
Ayub Torry Satriyo Kusumo
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Interpretation ◽  
Conceptual Approach ◽  
Deductive Method ◽  
Maritime Navigation ◽  
United Nations Convention ◽  
The Law ◽  
High Seas

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This research aims to determine the jurisdiction concerning piracy on the high seas by international law. This research is a legal research with prescriptive characteristic use a statute approach and conceptual approach. The legal sources used are primary and secondary materials later are analyzed by a deductive method and legal interpretation. The results show that there has been international law rules which can be used as the basis for all states to apply their jurisdiction to the piracy. These rules are the convention on the high Seas 1958 (chS 1958), United Nations convention on the Law of the Sea 1982 (UNcLOS 1982)</em><em>, and the convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation 1988 (SUA 1988). Instead of these international rules, some codes and guidances concerning combating piracy are also concluded by international organizations.</em></p><p><strong><em>Keywords : </em></strong><em>International Jurisdiction, Piracy, Law of The Sea</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk mengetahui penerapan yurisdiksi terhadap perompakan di laut lepas menurut hukum internasional. Penelitian ini merupakan penelitian hukum yang bersifat preskriptif dengan pendekatan perundang-undangan dan pendekatan konseptual. Bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder yang selanjutnya dianalisis secara deduktif dan menggunakan interpretasi hukum. Hasil penelitian menjelaskan bahwa terdapat aturan-aturan hukum internasional yang dapat digunakan sebagai yurisdiksi untuk penegakan perompakan yaitu <em>convention on the high seas </em>1958 (CHS 1958), <em>United Nations convention on the Law of the Sea 1982 </em>(UNCLOS 1982), <em>convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation </em>1988 (SUA 1988), dan beberapa pedoman dan aturan yang dikeluarkan oleh organisasi internasional untuk penegakan perompakan.</p><p><strong>Katakunci : </strong>yurisdiksi Internasional, Perompakan, Hukum Laut Internasional</p>

scholarly journals The Territorial Temptation: A Siren Song at Sea

2006 ◽  
Vol 100 (4) ◽  
pp. 830-851 ◽  
Author(s):  
Bernard H. Oxman
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Territorial State ◽  
International Legal Order ◽  
Unrestricted Access ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Significant Measure ◽  
Rational Conclusion

La mer a toujours ete battue par deux grands vents contraires: le vent du large, qui souffle vers la terre, est celui de la liberri; le vent de la terre vers le large est porteur des souverainetes. Le droit de la mer s'est toujours trouve au coeur de leurs affrontements.The history of international law since the Peace of Westphalia is in significant measure an account of the territorial temptation. The bonds of family, clan, tribe, nation, and faith; the need to explore, to trade, and to migrate; the hope for broader cooperation to confront common challenges—all in time came to be subordinated in the international legal order to the insistent quest for supremacy of the territorial state. At least in theory. At least on land.The sea yields a different story. It wasn't always so. And perhaps it isn't necessarily so. But in fact the law of the land and the law of the sea developed in very different ways. If the history of the international law of the land can be characterized by the progressive triumph of the territorial temptation, the history of the international law of the sea can be characterized by the obverse; namely, the progressive triumph of Grotius's thesis of mare liberum and its concomitant prohibition on claims of territorial sovereignty. That triumph reflected not only the transitory nature of human activity at sea, but a rational conclusion that the interests of states in unrestricted access to the rest of the world outweighed their interests in restricting the access of others at sea.

The Concept of “Territorial Sea” in the Talmud

1975 ◽  
Vol 10 (4) ◽  
pp. 503-508 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
League Of Nations ◽  
Law Of The Sea ◽  
Controversial Issues ◽  
Coastal State ◽  
The United Nations ◽  
The Law ◽  
High Seas

One of the central, and most controversial, issues of historic international law concerns the distinction between the territorial sea, over which the sovereignty of the coastal State extends (and by implication also its legal system), and the high seas which are subject to the doctrine of the freedom of the seas. Involved in that controversy is first and foremost the very idea of a division of the waters of the sea into two distinct juridical institutes. In the present century alone this question has been unsuccessfully tackled by a whole series of major international conferences on the law of the sea, held in 1930 under the auspices of the League of Nations, and in 1958, 1960 and 1973–75 under the auspices of the United Nations—this latter conference being still in progress at the time of writing.

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