International Law of the Sea

International Law of the Sea

By (author) Donald R. Rothwell , By (author) Tim Stephens

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The law of the sea provides for the regulation, management and governance of the ocean spaces that cover over two-thirds of the Earth's surface. This book provides a fresh explanation of the foundational principles of the law of the sea, a critical overview of the 1982 United Nations Convention on the Law of the Sea, and an analysis of subsequent developments including the many bilateral, regional and global agreements that supplement the Convention. The book takes as its focus the rules and institutions established by the Convention on the Law of the Sea and places the achievements of the Convention in both historical and contemporary context. All of the main areas of the law of the sea are addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, military activities at sea, and marine resource and conservation issues including fisheries, marine environmental protection, and dispute settlement. As the Convention is now over a quarter of a century old the book takes stock of contemporary oceans issues that are not adequately addressed by the convention. Overarching challenges facing the law of the sea are considered, including how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms, how declines in the health of marine ecosystems can be halted through strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar regions as global warming opens up new possibilities for resource exploitation.

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  • Paperback | 516 pages
  • 170.18 x 241.3 x 30.48mm | 952.54g
  • 24 Sep 2010
  • Bloomsbury Publishing PLC
  • Hart Publishing
  • Oxford
  • English
  • 1841132578
  • 9781841132570
  • 48,879

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Author Information

Donald R Rothwell is Professor of International Law at the Australian National University, Canberra Tim Stephens is Senior Lecturer in Law at the University of Sydney.

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Review quote

... The International Law of the Sea, has a fresh outlook and gives wide exposure to the newest aspects of the subject area. The book will certainly become a standard reference and teaching text on the law of the sea. Its most important quality is that it combines precise (and, one could say, usually conservative) treatment of the traditional law of the sea rules with a discussion of more recent developments. The authors show an open mind to nonlegal (policy, environmental, and scientific) considerations not only in the chapter on ocean governance but throughout their consideration of the subject. It is to be hoped that the success that the book will certainly enjoy will encourage the authors and publishers to keep it up to date. Tullio Treves The American Journal of International Law Volume 106, No. 1 Whichever section of the book I look at, I see the same very high standard. I commend this book to readers most highly...Further, the key question for any book reviewer (ignoring his/her happy possession of a free review copy) is "would I buy this book?". In the present case, if it was priced at GBP135 my answer would be a resounding "YES"; given that it is only GBP35...this book represents truly extraordinary value, even before considering its very high quality. H.R. Dundas Oil, Gas & Energy Law Intelligence Volume 9, Issue 1, 2011 Rothwell and Stephens cover the 'history' of the development of the 'law of the sea' succinctly and with enough detail for the reader to fully understand what happened and why...the bulk of the book is concerned with a detailed description and analysis of each section of the LOSC; this is useful, both as a textbook and also for the general reader. This detailed consideration is invaluable to both lawyers and non-lawyers alike, as readers gain a solid understanding of maritime and legal issues, historical deliberations over these issues, limitations in the law, and varied interpretations of the law. One of the authors had the misfortune of attempting to teach me the 'law of the sea' over a decade ago; while his instruction was excellent, this book is an able 'support' to future lectures. Andrew Forbes Australian Journal of Maritime and Ocean Affairs Volume 3, Issue 2 Without question, this is one of the more important contributions to the general literature on international ocean law in the past few years. The authors have ... succeeded in preparing a comprehensive introduction to the international law of the sea. Ted L. McDorman Ocean Development and International Law August 2011 ... a refreshed and contemporary overview of the law of the sea. ...the true benefit of Rothwell and Stephens work is up-to-date reference. Such enhancement does not cloud the essential material in the text. Citations therein are a manageable amount of source material and recommended reading at the end of each chapter is not overbearing. Contemporary relevance is clear from the outset... ... a very suitable introductory text for a novice of the law of the sea is found. Also as a reference guide, this publication leads the inquisitive reader directly to the richest source material. As a compromise for in depth substance and detailed legal argument, Rothwell and Stephens have crafted a complete overview of the subjest which does not intimidate the reader but rather spurns interest and understanding in the subject. Fergal O'Rourke European Energy and Environmental Law Review April 2011 A fresh and lucid examination of the modern international law of the sea which is both extensive and thorough. This new, well researched publication ... is a fascinating read [and] and important addition to the extensive body of literature available on this complex subject. If maritime law is the focus of your practice, this shorter book, with its thoroughly up to date evaluation of the international law of the sea in the context of the 1982 United Nations Convention, will be an invaluable addition to your library. Philip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In light of the increasing importance of the law of the sea, the publication of the new textbook ... is timely and warmly welcomed. This book covers almost all of the principal issues concerning the law of the sea, including the history and sources of the law, legal regimes governing each jurisdictional zone and specific use of the oceans. This book examines a wide range of contemporary marine issues that were not adequately addressed by the 1982 United Nations Convention on the Law of the Sea. Those issues include the effects of climate change on the oceans, degradations in the health of marine ecosystems, United Nations-sanctioned interdictions at sea, proliferation security initiative, the growing impact of non-State actors upon maritime affairs, etc. As a standard textbook on the law of the sea, this book should command the attention of a wide audience. There is little doubt that The International Law of the Sea will provide useful insights into significant issues of contemporary international law of the sea. Thus, this book will further enrich the studies of the law of the sea. Yoshifumi Tanaka Chinese Journal of International Law, Vol. 10, 2011

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