scholarly journals HAMBATAN HUKUM DALAM DIPLOMASI MARITIM SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KELAUTAN

2019 ◽  
Vol 19 (1) ◽  
pp. 105
Author(s):  
Dita Birahayu
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
National Interests ◽  
Maritime Law ◽  
The United Nations ◽  
The Law ◽  
The Government ◽  
Legal Barriers ◽  
Maritime Territory ◽  
Maritime Region

<em>Forms of Indonesia as an archipelagic state struggle began Juanda Declaration of 1957 to the United Nations on the Law of the Sea in 1982. As a form of struggle Negara Indonesia in defending its maritime territory, there are legal barriers in an effort to enforce the maritime vision requiring maritime diplomacy as one solution. Through maritime diplomacy, national interests can be accommodated. The complexity of the problems that arise in the maritime region of Indonesia, the government of Indonesia should strengthen sectors including sectors related to maritime law. The purpose of this study are expected to know at the same time prevent any obstacles that arise in the implementation of maritime diplomacy. This study uses normative.</em><em> (</em>

Outpaced by events: Our ageing law of the sea

2017 ◽  
Vol 29 (3) ◽  
pp. 636-644
Author(s):  
Elizabeth Nyman
Keyword(s):  
United Nations ◽  
Technological Innovation ◽  
Law Of The Sea ◽  
New Era ◽  
Maritime Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
New Policies ◽  
Changing World

The United Nations Convention on the Law of the Sea (UNCLOS) was completed in 1982, after nearly 10 years of negotiation. It was an important accomplishment for standardizing international maritime law, which had been in chaos as the older regime of the ‘freedom of the seas’ failed to keep pace with changing technology and time. But even as UNCLOS heralded a new era of maritime law, it too was out of date almost upon completion. Hijackings, terrorism, piracy and technological innovation all exposed cracks in the omnibus treaty, and the international maritime world has been struggling to keep up ever since. New treaties and new policies attempted to mend these gaps, but just as UNCLOS failed to solve all the problems of the weakening ‘freedom of the seas’ doctrine, so too have these measures foundered in their effort to keep pace with a changing world.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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