Comment: The United States and the Law of the Sea after UNCLOS III: The Impact of General International Law

1983 ◽  
Vol 46 (2) ◽  
pp. 37 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Law Of The Sea ◽  
The Law ◽  
The Impact

Statement by Expert Panel: U.S. Policy on the Settlement of Disputes in the Law of the Sea

1987 ◽  
Vol 81 (2) ◽  
pp. 438-442 ◽  
Author(s):  
Keyword(s):  
United States ◽  
International Law ◽  
Expert Panel ◽  
The United States ◽  
Law Of The Sea ◽  
Customary International Law ◽  
The Law ◽  
Deep Seabed Mining ◽  
Settlement Of Disputes ◽  
Seabed Mining

In 1983, President Reagan announced the policy of the United States to accept the normative provisions of the 1982 Convention on the Law of the Sea as reflecting the customary international law of the sea (in matters other than deep seabed mining).

The Northern Canada Vessel Traffic Services Zone Regulations (Nordreg) and the Law of the Sea

2015 ◽  
Vol 30 (2) ◽  
pp. 225-254 ◽  
Author(s):  
James Kraska
Keyword(s):  
United States ◽  
Arctic Ocean ◽  
International Law ◽  
The United States ◽  
The Arctic ◽  
Law Of The Sea ◽  
Northern Canada ◽  
Polar Environment ◽  
The Arctic Ocean ◽  
The Impact

This article explores the nature of Canada’s laws and regulations governing the Northern Canada Vessel Services Zone Regulations (nordreg) within the context of the international law of the sea. It provides context for the response to nordreg by the United States, and forecasts the impact of nordreg on future shipping regulations in the Arctic Ocean more generally. As Arctic nations develop shipping regulations, Canadian statutes—and their intersection with the international law of the sea and the rules adopted by the International Maritime Organization—are instructive for ensuring safety and security in the unique marine polar environment.

An analysis of stagnation in multilateral law-making – and why the law of the sea has transcended the stagnation trend

2021 ◽  
pp. 1-22
Author(s):  
Andreas Motzfeldt Kravik
Keyword(s):  
International Law ◽  
Current Trend ◽  
The United States ◽  
Legal Framework ◽  
Great Powers ◽  
Great Power ◽  
Law Of The Sea ◽  
The Law ◽  
Law Making ◽  
Multilateral Treaties

Abstract The article explores the current stagnation in multilateral law-making based on an analysis of recent treaty attempts across various subfields of international law. It further examines why the law of the sea has continued to evolve despite this trend. The article demonstrates that states still regularly seek multilateral treaties to address new challenges. While there is some evidence of general treaty saturation, it is the current inability of traditional great powers to negotiate new binding norms which is the most constraining factor on multilateral law-making. This in turn is related to deeper geopolitical shifts by which traditional great powers, notably the United States and its allies, have seen their relative influence decline. Until the current great power competition ends or settles into a new mode of international co-operation, new multilateral treaties with actual regulatory effect will rarely emerge. The law of the sea has avoided the current trend of stagnation for primarily three reasons (i) a global commitment to the basic tenets of the law of the sea; (ii) a legal framework that affords rights and obligations somewhat evenly disbursed, allowing less powerful states to use their collective leverage to advance multilateral negotiations, despite intermittent great power opposition; and (iii) the avoidance of entrenched multilateral forums where decisions are reached by consensus only.

Third United Nations Conference on the Law of the Sea and the Ronald Reagan Administration in the United States

Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
German Gigolaev
Keyword(s):  
United States ◽  
United Nations ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
Law Of The Sea ◽  
White House ◽  
Draft Convention ◽  
The Usa ◽  
The Law

The USA, as well as the USSR, initiated the convocation of the III UN Conference on the Law of the Sea (1973—1982). However, after the Ronald Reagan administration came to the White House, American diplomacy significantly changed its policy toward the Conference, which eventually resulted in US refusal to support the draft Convention on the Law of the Sea, which was worked out during the Conference. This behavior was in line with policy course of the Reagan administration — more aggressive than that of their predecessors. The article considers the American policy regarding Law of the Sea negotiations in the first months of Reagan's presidency, during the Tenth Session of the III UNCLOS.

The Law of the Sea Convention and Third States

1983 ◽  
Vol 77 (3) ◽  
pp. 541-568 ◽  
Author(s):  
Luke T. Lee
Keyword(s):  
United States ◽  
The United States ◽  
Law Of The Sea ◽  
Legal Analysis ◽  
Critical Importance ◽  
Legal Question ◽  
The Law

The decision of the United States and 22 other countries not to sign the Law of the Sea Convention in Montego Bay, Jamaica, on December 10, 1982, raises the important question of the legal effects of the. Convention upon nonsignatories (hereinafter referred to as “third states”). Will the latter be entitled to claim and enjoy treaty provisions beneficial to them, such as those pertaining to military or commercial navigation through international straits, including submerged passage and overflight rights, or will these rights be considered as contractual in nature, exercisable only by states parties? Clearly, the question is of critical importance to the regime of the law of the sea. Since there has been to date no systematic legal analysis of this important question in debates surrounding the Law of the Sea Convention, this essentially legal question has been consigned to general policy pronouncements.

Sign in / Sign up

Export Citation Format

Share Document