scholarly journals 3. Ocean Sciences, Technology, and the Future International Law of the Sea

Author(s):  
William T. Burke
Author(s):  
Andreone Gemma

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.


2016 ◽  
Vol 31 (3) ◽  
pp. 470-498 ◽  
Author(s):  
Bevan Marten

This article discusses the use of port state jurisdiction to impose information requirements on visiting foreign vessels, with reference to the maritime zone-based approach to jurisdiction taken in the United Nations Convention on the Law of the Sea and other maritime Conventions. It argues that port states have extensive options for requesting information from vessels in port, even if that information relates to matters arising beyond the state’s maritime zones (as in the case of the European Union’s 2015 regime for monitoring vessel co2 emissions), without making any excessive claim to extra-territorial jurisdiction. After discussing the manner in which port states may choose to deploy these options in practice, the article addresses some broader trends connected with the increasing automation of shipping and the ever-wider availability of shipping-related information, and the impact these developments may have on international law and shipping regulation in the long term.


2005 ◽  
Vol 36 (4) ◽  
pp. 683 ◽  
Author(s):  
Rosemary Rayfuse

In this article Rosemary Rayfuse evaluates the dispute resolution provisions found in Part XV of the United Nations Law of the Sea Convention (UNCLOS). While the cases emerging from the International Tribunal on the Law of the Sea (ITLOS) to date have been limited in number, they can provide us with some idea of whether the Part XV machinery has been successful, and allow some predictions to be made as to its continuing role in the development of the law of the sea. Having examined this jurisprudence, she concludes that while the fears of fragmentation in the sense of inconsistent interpretations or applications of legal rules have not yet materialised, the overall role for the dispute settlement provisions in the development of international law seems rather limited.


2005 ◽  
Vol 20 (2) ◽  
pp. 225-246
Author(s):  
Matteo Fornari

AbstractThe issue of the regulation of navigation through Turkish straits proved to be one of the most sensitive and thorny question of international law of the sea in the last years. Transit through theses waters is regulated by a 1936 Convention—"a long-standing" convention according to the article 35, lett. c, of UNCLOS—that is more concerned with the passage regime of warships rather than the transit of commercial vessels. In the last decades, the Montreux Convention has showed its inadequacy in regulating this latter kind navigation: the free-passage principle, by day and night without obstacles, could be considered well grounded time ago, when essentially vessels carrying cereal went through these waters. But nowadays it seems hazardous, for marine environment and security of populations, allowing free and unimpeded transit of fifteen tankers a day. It follows that the problem is how can Turkey, the only coastal State of the Straits (and international community) prevent in the future accidents or collisions between ships carrying oil, chemical or radioactive substances, endangering seriously the regional ecosystem?


2021 ◽  
Vol 80 (S1) ◽  
pp. S126-S153
Author(s):  
Surabhi Ranganathan

AbstractAs part of the Cambridge Law Journal's centenary celebrations, this article reads two essays from the journal's 50th anniversary issue. The essays, by Cambridge professors Robert Jennings and Derek Bowett offer resources for the history of international law and its historiography. They shine a light on key debates on the law of the sea at a crucial moment of its development. A close reading of these essays also reveals starting points for new scrutiny of an “English” tradition of international law, including the place of the academy within the tradition, its blueprints for the future of international law and international legal order, and its relation to empire and capitalism.


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