Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982. By Edward L. Miles. The Hague, London, Boston: Martinus Nijhoff Publishers, 1998. Pp. xiv, 513. Index. Fl 285; $177; £119.

1998 ◽  
Vol 92 (4) ◽  
pp. 796-798
Author(s):  
David Anderson
1977 ◽  
Vol 31 (2) ◽  
pp. 159-234 ◽  

Eight years of work on the Law of the Sea, conducted in various United Nations bodies and three rounds of a United Nations Conference on the Law of the Sea, have produced a high probability of official failure. The complex, cumbersome, and inefficient decision system of the Law of the Sea Conference is largely to blame for this result. It was a major error to attempt to negotiate the entire Law of the Sea simultaneously. During the first two sessions, in 1974 and 1975, difficult decisions were postponed repeatedly, thus multiplying the problems in an already very difficult situation. The Group of 77 was effectively captured by coastal states, leading to a Revised Single Negotiating Text that fails to meet the interests of landlocked and geographically disadvantaged states as well as those of the most advanced maritime states on scientific research, and distant-water fishing states. A number of these states are unlikely to sign a convention in the near future; and even if some agreement is reached at a future session of the Law of the Sea Conference, the new regime will be difficult to apply universally in the way that the old one was. A variety of conflicts is likely to proliferate, and detailed regional or sub-regional negotiations will continue. No universal solution to Law of the Sea issues is likely to emerge.


1980 ◽  
Vol 74 (1) ◽  
pp. 77-121 ◽  
Author(s):  
John Norton Moore

The negotiations at the Third United Nations Conference on the Law of the Sea have been the most important catalyst of this century for a new legal and political order for the oceans. The conference, together with its preparatory work within the “Seabeds Committee,” has indelibly stamped ocean perspectives. Even without a widely acceptable, comprehensive treaty the influence of these perspectives on state practice will be profound—indeed, it already has been, for example, in legitimizing 200-mile coastal fisheries jurisdiction. If the conference is able to clear the remaining hurdles, particularly that of deep seabed mining, the new treaty is likely to govern oceans law for the foreseeable future.


1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  

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.


It is the object of the third United Nations Conference on the Law of the Sea to obtain broad international agreement on the limits to the territorial sea, on that area beyond these limits within which the coastal state may exercise rights over living and non-living resources and on the nature and manner of exercise of those rights. The Conference is also required to establish an international regime to deal with the exploration and exploitation of the deep seabed beyond the limits of coastal states’ rights. The work done by the Conference in five sessions since 1973 will have its effect on international law and practice but, partly owing to differences between the view-points of less industrialized and the more industrialized states (not confined to marine matters), the global solution essential for the orderly regulation of movement of shipping, scientific research and development of fisheries and sea-bed mineral resources may yet elude the Conference, to the detriment of the participating states and of the international community as a whole.


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