The Law of the Sea Convention: No Place for Persons?

2012 ◽  
Vol 27 (4) ◽  
pp. 867-874 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
United Nations ◽  
Legal Regulation ◽  
Innovative Approach ◽  
Law Of The Sea ◽  
Legal Regime ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract The article, adopting an innovative approach to the law of the sea, discusses the place and role reserved to persons in the United Nations Convention on the Law of the Sea (LOSC) and the legal regime of which it is a part. The LOSC and other law of the sea agreements are examined, focussing on provisions that mention persons, their rights and their duties. Shortcomings identified include: the difficulty to configure persons as the beneficiaries of rights and the recipient of duties and the ensuing uncertain subjectivity of persons under the law of the sea; the presence of numerous gaps and inconsistencies in the existing legal regulation; the unavailability of mechanisms to address violations of duties by states. The conclusions draw attention to the potential of the LOSC and other treaties to further develop the international legal regime applicable to persons at sea and to provide an adequate place for persons in the law of the sea.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

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’.

scholarly journals Selected Recent Institutional and Rule-Making Developments in the Law of the Sea (2015-2016)

2016 ◽  
Vol 2 (1) ◽  
pp. 189-203
Author(s):  
Humphrey S Sipalla
Keyword(s):  
United Nations ◽  
Institutional Framework ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Recent Developments ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Rule Making

The United Nations Convention on the Law of the Sea (LOSC or the Convention) is quite simply, the greatest treaty-making achievement of the United Nations (UN) era. This appraisal of the recent developments of 2015-16 in this legal regime that governs the oceans – waters, floor and subsoil thereof – which cover ‘over 70 percent of the surface of our planet’, focuses on its oft-ignored spect, that is, its institutional framework.

6 International Straits

2015 ◽  
Author(s):  
Rothwell Donald R
Keyword(s):  
United Nations ◽  
Historical Development ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Critical Issues ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Operational Issues

This chapter begins by discussing the historical development of the regime of straits and considering some of the critical issues associated with Part III of the United Nations Convention on the Law of the Sea (LOSC). It then turns to a range of operational issues that exist for some straits, followed by a review of future issues facing the legal regime.

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.

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