scholarly journals Departures from the Coast: Trends in the Application of Territorial Sea Baselines under the Law of the Sea Convention

2012 ◽  
Vol 27 (4) ◽  
pp. 723-732 ◽  
Author(s):  
Clive Schofield
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Practical Application ◽  
The Past ◽  
Emerging Trends ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Definition Of

Abstract Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.

Survey of Declarations or Statements Made by the Parties to the Law of the Sea Convention: 30 Years after Adoption

2013 ◽  
Vol 28 (1) ◽  
pp. 5-59
Author(s):  
Yann-huei Song
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
General Assembly ◽  
The Past ◽  
Geographical Regions ◽  
Un General Assembly ◽  
United Nations Convention ◽  
Consultative Process ◽  
The United Nations ◽  
The Law

Abstract This article surveys the declarations or statements made by the States or entities under Articles 287, 298, and 310 of the United Nations Convention on the Law of the Sea over the past thirty years when they signed, ratified, or acceded to the LOS Convention, or at any time thereafter, with regard to the interpretation and application of certain provisions contained in the Convention. This study shows that differences regarding the interpretation or application of the provisions of the Convention can be found in the declarations and statements made by States located in different geographical regions. The author suggests that a possible way to amend the Convention is to include an item for discussion in the agenda of future meetings of the UN General Assembly, the UN Open-ended Informal Consultative Process on Oceans and the Law of the Sea, or State Parties to the Convention.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

Sign in / Sign up

Export Citation Format

Share Document