The Definition of the Law of the Sea

2004 ◽  
pp. 3-9
Keyword(s):  
Law Of The Sea ◽  
The Law ◽  
Definition Of

Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective

2006 ◽  
Vol 21 (3) ◽  
pp. 269-285 ◽  
Author(s):  
Alex Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
The Third ◽  
Complex Process ◽  
Legal Perspective ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The Law ◽  
Definition Of

AbstractThe establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea (LOSC) is a complex process, which requires a coastal state to dedicate significant resources. To understand the reasons for the inclusion of this complex provision in the LOSC, this article first looks at the origins of Article 76. Subsequently, a number of provisions of Article 76 are considered to illustrate the questions which exist in connection with its application and interpretation. It is concluded that Article 76 fulfills the mandate that had been given to the Third United Nations Conference on the Law of the Sea in respect of the definition of the limits of national jurisdiction, notwithstanding the complexity of the issue and the interests involved. Before the Third Conference started there was no certainty about the extent of the continental shelf. Article 76 provides a procedure to arrive at precisely defined outer limits. Once Article 76 will have been implemented by all the present states parties to the Convention, most of the outer limits of the continental shelf vis-à-vis the Area will be defined in precise terms.

25 Marine Scientific Research

2015 ◽  
Author(s):  
Stephens Tim ◽  
Rothwell Donald R
Keyword(s):  
Scientific Research ◽  
Law Of The Sea ◽  
Coastal State ◽  
Brief Assessment ◽  
Legal Regimes ◽  
The Law ◽  
Definition Of ◽  
State Legislative

This chapter begins by considering the definition of marine scientific research (MSR), followed by a brief assessment of the development of the regime dealing with MSR. It then examines the MSR regime contained within the 1982 UN Nations Convention on the Law of the Sea (LOSC) from a zonal and operational perspective, followed by an analysis of how MSR is dealt with in complementary legal regimes. Next, the chapter reviews current coastal State legislative frameworks regulating MSR and comments on future issues confronting the regime.

Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

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.

scholarly journals A Marine-Biology-Centric Definition of Ocean Connectivity and the Law of the Sea

2021 ◽  
Vol 12 (0) ◽  
pp. 190
Author(s):  
Elise Johansen ◽  
Irene Vanja Dahl ◽  
Alexander Lott ◽  
Philipp Peter Nickels ◽  
Ingrid Solstad Andreassen
Keyword(s):  
Climate Change ◽  
Ocean Acidification ◽  
Marine Biology ◽  
Relevant Literature ◽  
Ecosystem Approach ◽  
Marine Ecosystems ◽  
Law Of The Sea ◽  
The Law ◽  
Definition Of ◽  
Further Development

The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion of ocean connectivity from a marine science perspective, before taking a closer look at the extent to which the law of the sea incorporates the scientific imperative of ocean connectivity in the context of four examples: (i) straits, (ii) climate change and ocean acidification, (iii) salmon and (iv) the ecosystem approach to fisheries. Tying the findings of the different examples together, this study concludes by stressing the need of accommodating ocean connectivity not only in the interpretation and implementation of the existing law (of the sea) but also in its further development.

Ridge Issues

2000 ◽  
Author(s):  
George Taft ◽  
Hideo Kagami
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Continental Margin ◽  
Outer Edge ◽  
Law Of The Sea ◽  
Oceanic Ridge ◽  
Coastal State ◽  
The Third ◽  
The Law ◽  
Definition Of

The Third United Nations Conference on the Law of the Sea sought to establish a definition of the continental shelf that would accommodate the interests of a number, albeit a minority, of coastal States. This included consideration of various submarine elevations, including ridges, and their relationship to the regime of the continental shelf. For a variety of reasons, submarine and oceanic ridges have proved to be contentious. Indeed, this chapter proved to be the most difficult of all the chapters in this book to obtain a text to which all the authors, scientists, and lawyers could agree. Therefore, rather than produce an anodyne chapter which might have summarized only those areas of agreement, we considered it best to also cover areas where agreement was lacking. This provides the reader with both sides of the argument and the opportunity to reach their own view on the basis of the evidence presented. Some of the contentious areas are . . . i. Whether or not article 76 should be interpreted in such a manner as to preclude a country situated on a ridge from having a continental shelf beyond 200 M. ii. Whether bathymetry (reflecting geomorphology) should be given more or less weight than, or the same weight as geology in any consideration of a continental shelf beyond 200 M, including extension along an oceanic ridge, iii. Whether the fact that article 76 refers to the continental shelf being a natural prolongation of the land territory "to the outer edge of the continental margin" means that it can (or cannot) be applied to an island sitting on top of an oceanic ridge, iv. Whether or not article 76 can be interpreted in such a way as to allow a coastal State to "jump" its claim from the margin onto an adjacent ridge. v. Whether or not article 76 limits the use of ridges so that coastal States do not unreasonably extend their continental shelf regime. . . . Ultimately, for the answers to these questions, the reader will need to look to the Commission on the Limits of the Continental Shelf (the Commission), together with the outcome of diplomacy.

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