The Genesis of the ‘Due Regard’ Obligations in the United Nations Convention on the Law of the Sea

2019 ◽  
Vol 34 (1) ◽  
pp. 7-24
Author(s):  
Shotaro Hamamoto
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Coastal State ◽  
The Third ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Submarine Cables

Abstract The obligation of the coastal state to have due regard to the rights and duties of other states (Law of the Sea Convention (LOSC) Art 56(2)) did not suddenly appear with the LOSC. It was gradually formed corresponding to the increasing recognition of the rights of the coastal state in adjacent maritime zones. The practice prior to the Third United Nations Conference on the Law of the Sea and the travaux préparatoires of the LOSC indicate that this obligation requires something more than the negative obligation not to interfere with the exercise by the coastal State of its rights and competences, and that the ‘rights and duties’ to which due regard is to be paid are not limited to those explicitly listed in the LOSC, such as the freedoms of navigation, overflight and of laying of submarine cables and pipelines.

Innocent Passage of Warships

2016 ◽  
Vol 1 (2) ◽  
pp. 210-243 ◽  
Author(s):  
Anh Duc Ton
Keyword(s):  
United Nations ◽  
North Korea ◽  
East Asian ◽  
Law Of The Sea ◽  
Coastal State ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

The United Nations Convention on the Law of the Sea (losc) is well known as the “Constitution for the Oceans”; however, the passage of foreign warships through the territorial sea of a coastal State is not clearly addressed. All East Asian littoral States (except North Korea and Cambodia) are parties to the losc but their practices regarding the innocent passage of warships are different. This article provides an analysis of the innocent passage regime of the losc, the practice of East Asian littoral States regarding the innocent passage of warships as well as factors that have influenced the trends in their practices.

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 Operation of the CLCS Facing Disputes: An Examination of the Rules and Practices

2021 ◽  
pp. 1-23
Author(s):  
Michael Sheng-ti Gau ◽  
Gang Tang
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Coastal State ◽  
Rules Of Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract The United Nations Convention on the Law of the Sea (LOSC) regulates the establishment of the outer limits of its continental shelf beyond 200 miles by a coastal State. Such limits are legitimised when based on the recommendations of the Commission on the Limits of the Continental Shelf (CLCS) under LOSC Article 76(8). The coastal State must first submit the information for delineating the limits to the CLCS, which will evaluate the information before providing recommendations. The CLCS shall not consider the submission made by any State concerned in a land or maritime dispute unless consent from all disputing parties is given under paragraph 5(a) of Annex I to the CLCS Rules of Procedure. This article interprets paragraph 5(a) and examines the subsequent practice of States sending submissions and/or notifying the CLCS of disputes, and the CLCS in handling various submissions involved in these disputes.

The Unity Status of Continental States’ Outlying Archipelagos

2020 ◽  
Vol 35 (4) ◽  
pp. 801-833
Author(s):  
Jinyuan Su
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
The Third ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract This article argues that the United Nations Convention on the Law of the Sea (LOSC) does not exhaust rules of baseline regimes; those for continental States’ outlying archipelagos were set aside for development outside the Convention by negotiating States during the Third United Nations Conference on the Law of the Sea. Today, most of the continental States possessing outlying archipelagos have applied the unity theory to such archipelagos, many by enclosing them with straight baselines, which has been protested by very few States. The application of straight baselines to big- island-dominating outlying archipelagos may be justifiable under the second limb of Article 7(1) of the LOSC or a customary rule that it reflects, thus causing a fragmentation of outlying archipelagos; however, this alternative justification remains hypothetical and, even if established, would not detract from the generality of State practice applying unity theory to outlying archipelagos without such geographical configuration.

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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