Jurisdiction Over Foreign Merchant Ships in the Territorial Sea: An Analysis of the Geneva Convention on the Law of the Sea

1961 ◽  
Vol 55 (1) ◽  
pp. 77-96
Author(s):  
Luke T. Lee

The conclusion of the United Nations Conference on the Law of the Sea in 1958 has occasioned many commentaries by authorities on international law. Scant attention, however, has been paid to that part of the Conference dealing with jurisdiction over foreign merchant ships in the territorial sea. This is surprising in view of the centuries-old controversy affecting the interests of a vast number of ship-owners and seafarers. Indeed, the importance of the width of the territorial sea would not have assumed such serious proportions but for the fact that its determination would secure for the coastal states jurisdiction over a specific portion of the sea.

1958 ◽  
Vol 52 (4) ◽  
pp. 733-738 ◽  
Author(s):  
Richard Young

The Convention on the Continental Shelf, adopted at Geneva on April 26, 1958, by the United Nations Conference on the Law of the Sea, represents the first great effort to determine by an act of international legislation the scope of the continental shelf doctrine in international law. The fact that the Convention was finally approved by a vote of 57 to three, with only eight abstentions, is evidence both that a need for rules on the subject was generally felt and that the rules embodied in the Convention were considered on the whole acceptable.


Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.


2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang

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’.


1992 ◽  
Vol 86 (4) ◽  
pp. 764-787 ◽  
Author(s):  
Philip Allott

That Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea, and in the passage, fishing and shores thereof, is so evidently true by way of fact, as no man that is not desperately impudent can deny it.Sir John BoroughsUsing the United Nations Convention on the Law of the Sea of 1982 as a root stock, it is possible to generate a fundamentally new international law of the sea. This regeneration will not be the product of yet another diplomatic negotiation among the representatives of the governments of states. It will be brought about by a much more direct and efficient method. It requires nothing more nor less than a reconceiving of the theoretical basis of the law of the sea.


Author(s):  
Talitha Ramphal

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.


2020 ◽  
Vol 114 ◽  
pp. 389-392
Author(s):  
Alfred Soons

Whether or not there are “shortcomings” in the United Nations Convention on the Law of the Sea (UNCLOS) depends of course on one's view of the adequacy or desirability of the current law, and that in turn depends on one's views of what the current law is. Before I comment on that, it is useful to first summarize what we are talking about, and that is what the consequences are of a rising sea level for the location and extent of maritime jurisdictional areas. And here a distinction must be made between (1) areas that have been delimited between two coastal states by a boundary agreement or a decision by an international court or tribunal, and (2) areas where either there are no adjacent or opposite other coastal states or no delimitation has yet taken place. The first situation in my view does not raise any problems because, in brief, under general international law such boundaries are permanent unless the parties agree to change the existing boundary. Much more can be said about this but there is no time to delve into that area. The second situation is more complicated. Here the international law on “baselines” (in combination with the law on extent and limits of maritime jurisdictional zones) is decisive. A distinction must then be made between the “normal” baseline and artificial baselines (straight baselines, UNCLOS Article 7; and archipelagic baselines, UNCLOS Article 47). I will now concentrate on the “normal” baseline and leave the somewhat more technical issues of straight and archipelagic baselines aside.


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