Was it Worth the Effort?

2012 ◽  
Vol 27 (4) ◽  
pp. 875-881 ◽  
Author(s):  
Vaughan Lowe
Keyword(s):  
Negotiation Process ◽  
Law Of The Sea ◽  
International Treaty ◽  
The Third ◽  
The Law ◽  
The Unclos

Abstract This article asks whether the effort involved in the nine years of the Third UN Conference on the Law of the Sea (UNCLOS III) negotiation was worthwhile. It finds various styles of treaty-making in the Law of the Sea Convention and examines some of the dynamics of the UNCLOS III negotiation process which provide possible reasons for this unusual mix of treaty-making models. It then assesses whether this monumental international treaty-making venture was indeed worth the effort.

A Parting of the Waves

Worldview ◽  
1982 ◽  
Vol 25 (7) ◽  
pp. 11-12
Author(s):  
Ved P. Nanda
Keyword(s):  
The United States ◽  
Law Of The Sea ◽  
Manganese Nodules ◽  
Best Interest ◽  
Roll Call Vote ◽  
The Third ◽  
The Law ◽  
The Third World ◽  
The Waves ◽  
The U.S

When, on April 30. the United States rejected the Law of the Sea Convention, it dealt a blow to its own best interest: the orderly development of rules to govern navigation and exploitation of the oceans.During the last days of an eight-week session of the third United Nations conference on the Law of the Sea, the Third World majority had made a last-ditch effort to obtain U.S. approval of the treaty. The U.S. delegate, James Malone acknowledged that their concessions offered “modest improvements” but also that they failed to satisfy U.S. demands on the mining of highly valued manganese nodules. Whatever hope remained for a consensus on the draft treaty was shattered when the U.S. pressed for a forrnai roll call vote on the final day. Disappointment, frustration, and even shock was registered by many of the assembled delegates.

The Regime of Straits and the Third United Nations Conference on the Law of the Sea

1980 ◽  
Vol 74 (1) ◽  
pp. 77-121 ◽  
Author(s):  
John Norton Moore
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Foreseeable Future ◽  
Coastal Fisheries ◽  
The Third ◽  
State Practice ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Preparatory Work

The negotiations at the Third United Nations Conference on the Law of the Sea have been the most important catalyst of this century for a new legal and political order for the oceans. The conference, together with its preparatory work within the “Seabeds Committee,” has indelibly stamped ocean perspectives. Even without a widely acceptable, comprehensive treaty the influence of these perspectives on state practice will be profound—indeed, it already has been, for example, in legitimizing 200-mile coastal fisheries jurisdiction. If the conference is able to clear the remaining hurdles, particularly that of deep seabed mining, the new treaty is likely to govern oceans law for the foreseeable future.

United States Interests in the Law of the Sea Convention

1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  
Keyword(s):  
United States ◽  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Multilateral Negotiations ◽  
The Third ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

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.

The law of the sea and the deep seabed

1978 ◽  
Vol 290 (1366) ◽  
pp. 21-31
Keyword(s):  
United Nations ◽  
International Law ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
International Agreement ◽  
Exploration And Exploitation ◽  
The Third ◽  
Sea Bed ◽  
The Law ◽  
Work Done

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.

Law of the Sea and Asian States

2019 ◽  
pp. 204-236
Author(s):  
Robert Beckman
Keyword(s):  
United Nations ◽  
Southeast Asia ◽  
South Asia ◽  
Northeast Asia ◽  
Legal Order ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Western Pacific ◽  
The Unclos

This chapter describes Asia’s active participation in the law of the sea. The modern law of the sea is set out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), as modified by the Agreement relating to the Implementation of the Convention 1994. UNCLOS establishes a legal order for all use of the oceans, has been universally accepted, and has been described as a ‘constitution’ for the oceans. Indeed, one of the major achievements of UNCLOS was the establishment of a clear demarcation of rights and jurisdiction in the oceans. The chapter then looks at how Asian states have contributed to, participated in, and implemented the UNCLOS regime. The term Asian states is used rather loosely, but includes states in South Asia, Southeast Asia, Northeast Asia, and the western Pacific.

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