International Law of the Sea

International Law of the Sea

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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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Product details

  • Paperback | 516 pages
  • 170.18 x 241.3 x 30.48mm | 952.54g
  • Bloomsbury Publishing PLC
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • 1841132578
  • 9781841132570
  • 67,725

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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About Donald R. Rothwell

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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Table of contents

1 The History and Sources of the International Law of the Sea I. Introduction II. Historical Development of the International Law of the Sea A. The Grotian View of the Oceans B. The Freedom of the Sea and Territorial Sea Claims C. 1930 Hague Conference D. Truman Proclamation III. Work of the International Law Commission IV. The First United Nations Conference on the Law of the Sea and the Geneva Conventions V. The Second United Nations Conference on the Law of the Sea VI. The Third United Nations Conference on the Law of the Sea A. Claims to New Maritime Zones in the 1960s B. The Regime of the Deep Seabed C. UNCLOS III Conference Dynamics D. The United States Position on Common Heritage and the Deep Seabed VII. The United Nations Convention on the Law of the Sea A. Core Provisions B. Entry into Force C. 1994 Implementing Agreement D. 1995 Fish Stocks Agreement VIII. Institutional Frameworks IX. Sources of the International Law of the Sea A. Customary International Law B. Treaties and Conventions C. Unilateral Declarations D. Subsidiary Sources of Law E. Soft Law X. Challenges for the International Law of the Sea A. Climate Change B. Marine Environmental Security C. Creeping Jurisdiction XI. Review and Reform of the International Law of the Sea XII. Further Reading 2 Coastal Waters I. Introduction II. History III. Baselines A. The Anglo-Norwegian Fisheries Case B. International Law Commission i. International Law Commission Draft Articles C. UNCLOS I D. Convention on the Territorial Sea and Contiguous Zone E. Post-UNCLOS I State Practice F. LOSC IV. Key Issues in the Delimitation of Coastal Waters A. Low-water B. Straight Baselines C. Low-tide Elevation D. Juridical Bays E. Historic Bays F. Contemporary State Practice V. Internal Waters A. Views of the ILC B. Convention on the Territorial Sea and Contiguous Zone C. LOSC D. State Practice i. Territorial Sovereign Rights and Internal Waters ii. Port Access iii. Jurisdiction over Foreign Ships in Port VI. Further Reading 3 Territorial Sea and Contiguous Zone I. Introduction II. Territorial Sea in Customary International Law III. Codification of the Territorial Sea A. The Views of the International Associations B. International Law Commission C. UNCLOS I D. Convention on the Territorial Sea and Contiguous Zone E. UNCLOS II F. State Practice IV. UNCLOS III and the LOSC V. Contemporary Territorial Sea in State Practice A. Breadth of the Territorial Sea B. Sovereignty and Jurisdiction C. Innocent and Transit Passage VI. Contiguous Zone A. ILC B. UNCLOS I and the Geneva Convention C. UNCLOS III and the LOSC D. State Practice VII. Further Reading 4 The Exclusive Economic Zone I. Introduction II. The Concept of the EEZ III. Breadth of the EEZ and its Relationship with Other Maritime Zones IV. Coastal State Rights and Obligations in the EEZ A. Sovereign Rights i. Living Resources ii. Non-Living Resources B. Jurisdictional Rights i. Artificial Islands, Installations and Structures ii. Marine Scientific Research iii. Marine Environmental Protection V. Rights and Duties of Other States in the EEZ A. Navigation and Overflight i. Environmental Security ii. Military Security B. Submarine Cables and Pipelines VI. Future Developments VII. Further Reading 5 The Continental Shelf I. Introduction II. The Truman Proclamation III. UNCLOS I and the Geneva Convention A. Work of the International Law Commission B. The Convention on the Continental Shelf C. North Sea Continental Shelf Cases IV. UNCLOS III V. LOSC A. Commission on the Limits of the Continental Shelf B. Rights and Duties of Coastal and Other States C. Relationship with the EEZ Regime VI. Further Reading 6 The Deep Seabed I. Introduction II. The Deep Seabed: Environment and Resources III. Early Debates: Sedentary Fisheries and the Deep Seabed IV. The Moratorium Resolution and Principles Resolution V. UNCLOS III A. Reciprocating States Regime VI. The LOSC and 1994 Agreement A. The Main Revisions in the 1994 Agreement VII. The International Seabed Authority and the Seabed Mining System A. The ISBA i. The Assembly ii. The Council iii. Recent Activities of the ISBA and the Mining Code B. Main Elements of the Deep Seabed Mining Regime VIII. Further Reading 7 High Seas I. Introduction A. The High Seas as a Managed Common Area II. Historical Development of the High Seas A. Pre-Grotian Freedoms of the High Seas B. Grotian Vision of the High Seas C. High Seas in Customary International Law i. Jurisdiction over Vessels on the High Seas III. Codification of the High Seas Regime A. Pre-Geneva Codifications B. Work of the ILC C. UNCLOS I D. UNCLOS III IV. The LOSC and the High Seas A. Freedom of the High Seas i. Freedom of Navigation ii. Freedom of Overflight iii. Freedom to Lay Submarine Cables and Pipelines iv. Freedom to Construct Artificial Islands and other Installations v. Freedom of Fishing vi. Freedom of Scientific Research B. Shipping i. Nationality of Ships ii. Duties of the Flag State iii. Immunities iv. Collisions v. Assistance to Persons at Sea C. Prohibitions i. Piracy ii. Slavery iii. Drug Trafficking iv. Unauthorised Broadcasting D. Enforcement E. Conservation and Management of Living Resources F. Relationship with Other Maritime Zones V. Further Reading 8 Archipelagic States I. Archipelagos and International Law II. Early Codifications III. UNCLOS I IV. The Indonesian and Philippines Claims A. Indonesia B. The Philippines V. UNCLOS III VI. The LOSC and Archipelagic States A. Archipelagic States B. Archipelagic Baselines C. The Legal Status of Archipelagic Waters D. Archipelagic State Practice i. Proclaimed Archipelagic States ii. Archipelagic State Rights over Archipelagic Waters VII. Further Reading 9 Landlocked and Geographically Disadvantaged States I. Introduction II. Landlocked States and Access to the Sea A. Early Developments B. UNCLOS I C. Post-UNCLOS I Developments D. The LOSC III. Landlocked States and Rights of Navigation IV. Landlocked and Geographically Disadvantaged States and Marine Resources A. Living Resources of the EEZ B. Living Resources of the High Seas C. Mineral Resources of the Area D. Marine Scientific Research and Transfer of Marine Technology V. Further Reading 10 Navigational Rights and Freedoms I. Freedom of the Seas and Navigational Rights and Freedoms A. Traditional Interests B. Contemporary Interests II. Customary International Law Prior to UNCLOS I A. Early State Practice B. The Corfu Channel Case III. UNCLOS I and the Geneva Conventions A. The Work of the International Law Commission B. UNCLOS I IV. UNCLOS III and the LOSC V. Territorial Sea A. Coastal State Rights in the Territorial Sea B. The Right of Innocent Passage C. Coastal State Rights and Duties Regarding Innocent Passage i. Prevention of Passage ii. Regulation of Passage iii. Obligation not to Hamper Innocent Passage iv. Sea Lanes and Traffic Separation Schemes D. The Rights of Foreign Flagged Vessels E. Warships F. Nuclear Vessels and Vessels Carrying Hazardous Substances G. Vessels in Distress VI. High Seas VII. Exclusive Economic Zone VIII. Further Reading 11 International Straits and Archipelagic Navigation I. Recognising Rights of Navigation through Straits A. The Corfu Channel Case B. The ILC and UNCLOS I II. UNCLOS III Deliberations and the LOSC A. The Straits Regime B. The Archipelagic Regime III. International Straits A. Categories of Straits B. The Regime of Transit Passage i. The Act of Transit ii. Duties of Ships and Aircraft in Transit iii. Obligations of Strait States iv. Regulation of Transit Passage v. Enforcement of Strait State Laws and Regulations C. Navigation in Specific International Straits i. Turkish Straits ii. Strait of Gibraltar iii. Straits of Malacca and Singapore iv. Torres Strait IV. Archipelagic Navigation A. Innocent Passage within Archipelagic Waters B. Archipelagic Sea Lanes Passage i. Navigation in the 'Normal Mode' ii. Navigation within Archipelagic Sea Lanes iii. Designation of Archipelagic Sea Lanes iv. Obligations while Undertaking Archipelagic Sea Lanes Passage v. Obligations of the Archipelagic State C. State Practice Designating Archipelagic Sea Lanes V. Further Reading 12 Military Uses of the Oceans I. Introduction II. Historical Overview III. International Law and Naval Operations A. Law of Naval Warfare B. United Nations-Sanctioned Naval Operations IV. Codification of the Law of the Sea A. Work of the International Law Commission B. UNCLOS I and the Geneva Conventions C. UNCLOS III and the LOSC V. Navigational Rights and Freedoms A. Innocent Passage by Warships B. Transit Passage by Warships C. Archipelagic Sea Lanes Passage by Warships D. EEZ Navigation by Warships i. Military Survey Activities VI. Naval Operations at Sea A. United Nations Sanctioned Interdictions B. Proliferation Security Initiative C. Weapons Testing and Military Manoeuvres D. Demilitarised and Nuclear Free Zones VII. Overflight by Military Aircraft VIII. Further Reading 13 Marine Resource Management I. Introduction II. Non-Living Marine Resources A. Resource Potential B. Internal Waters and Territorial Sea C. Continental Shelf and Exclusive Economic Zone D. The High Seas and Deep Seabed E. Joint Development III. Living Resources A. Fisheries and the 'Tragedy of the Commons' B. Pre LOSC Developments C. 1958 Geneva Conventions D. LOSC Regime i. Internal Waters, the Territorial Sea and Archipelagic Waters ii. Exclusive Economic Zone iii. Shared Stocks iv. Continental Shelf v. The High Seas vi. Deep Seabed E. Species-Specific Rules i. Highly Migratory Species ii. Marine Mammals ii. Anadromous Species iv. Catadromous Species F. Post-LOSC Developments i. High Seas Fishing ii. Fish Stocks Agreement IV. Further Reading 14 Marine Scientific Research I. Introduction II. Development of the Regime for Marine Scientific Research A. Early History of Marine Scientific Research B. Marine Scientific Research and North-South Tensions in the Post-WW II Period C. The Pre-LOSC Regime for Marine Scientific Research III. The LOSC Regime for Marine Scientific Research A. General Provisions B. Internal Waters, Archipelagic Waters and the Territorial Sea C. Continental Shelf and Exclusive Economic Zone i. Hydrographic Surveying ii. Scientific Research Installations and Equipment D. High Seas E. Deep Seabed IV. Marine Scientific Research under Other Regimes V. Coastal State Legislation concerning Marine Scientific Research VI. Future Developments VII. Further Reading 15 Marine Environmental Protection I. Introduction II. Sources and Type of Marine Pollution III. The Legal Framework: LOSC and Regional Treaties A. LOSC B. Regional Treaties IV. Operational Vessel-Source Pollution A. Operational and Accidental Vessel Pollution Distinguished B. LOSC and the IMO C. International Standards D. The MARPOL Jurisdictional Framework i. Flag States ii. Port States E. The LOSC Jurisdictional Framework i. Flag States ii. Port States iii. Coastal States iv. Enforcement Jurisdiction V. Accidental Vessel-Source Pollution A. Safety of Shipping i. SOLAS ii. Qualifications and Working Conditions for Seafarers iii. Preventing Collisions at Sea VI. Pollution Emergencies A. Responding to Pollution Emergencies B. Coastal State Rights of Intervention C. The Role of Salvors VII. Liability for Vessel-Source Pollution A. State Responsibility B. Civil Liability i. Liability for Oil Pollution Damage ii. 1992 Civil Liability Convention iii. The 1992 Fund Convention iv. Liability for Other Pollution Damage VIII. Seabed Pollution A. Territorial Sea, EEZ and Continental Shelf IX. Dumping at Sea A. 1972 London Convention B. 1996 Protocol C. Jurisdiction and Enforcement D. Ship Scrapping and Recycling E. Regional Agreements X. Land-Based and Atmospheric Pollution A. 1995 Global Programme of Action XI. Further Reading 16 Delimitation of Maritime Boundaries I. Introduction A. Grisbadarna Arbitration B. Influence of Boggs II. Work of the International Law Commission III. Codification of the Law A. Convention on the Territorial Sea and Contiguous Zone B. Convention on the Continental Shelf IV. Early Cases A. North Sea Continental Shelf Cases B. Anglo-French Arbitration V. LOSC VI. The ICJ and Maritime Boundary Delimitation VII. Principles of Maritime Boundary Delimitation A. Delimitation Methodology i. Territorial Sea ii. EEZ/Continental Shelf/Single Maritime Boundary B. Territorial Sea Delimitations C. Equitable Solution/Equitable Result D. Equidistance and Median Lines E. Relevant and Special Circumstances i. Special Circumstances ii. Relevant Circumstances iii. Islands iv. Fishing v. Oil Concessions F. Single Maritime Boundaries VIII. Maritime Boundary Delimitation by Agreement A. Settled Maritime Boundaries B. Joint Development Zones IX. Further Reading 17 Maritime Regulation and Enforcement I. Introduction II. International Law Regarding Enforcement Powers at Sea A. Hot Pursuit i. Case Law ii. State Practice iii. Multilateral Hot Pursuit B. Use of Force i. LOSC and Use of Force ii. General Principles Regarding the Use of Force at Sea During Peacetime III. Enforcement Operations within Particular Maritime Zones A. Internal Waters B. Territorial Sea i. Criminal Jurisdiction ii. Civil Jurisdiction iii. Territorial Sea of an International Strait C. Archipelagic Waters D. Contiguous Zone E. EEZ i. Matters Subject to EEZ Sovereign Rights ii. Matters Subject to EEZ Jurisdiction F. Continental Shelf G. High Seas IV. Specialist Regimes Relating to Maritime Regulation and Enforcement A. Piracy B. Maritime Terrorism and Related Unlawful Acts C. Fisheries D. Transnational Crime V. Further Reading 18 Dispute Settlement in the Law of the Sea I. Introduction II. Dispute Settlement in International Law: General Mechanisms III. Dispute Settlement in the Law of the Sea: Pre-LOSC Developments A. ILC Draft Articles on the Law of the Sea B. UNCLOS I C. UNCLOS III IV. Dispute Settlement under the LOSC A. Jurisdictional Conditions B. Compulsory Dispute Settlement i. Applicable Law ii. Provisional Measures iii. Prompt Release C. Jurisdictional Limitations and Exceptions D. ITLOS V. Further Reading 19 Oceans Governance I. Introduction II. The Concept of Oceans Governance A. Government and Governance Distinguished B. The Ecosystem Approach and Area-Based Management C. Area-Based Tools for Marine Management D. Transparent and Participatory Decision-Making Processes E. Scientific and Other Cross-Disciplinary Influences F. Normative Influences on Oceans Governance III. The Global Legal Framework for Oceans Governance IV. The Policy Framework for Oceans Governance V. Norms and Principles of Oceans Governance VI. Institutions for Oceans Governance VII. Regional, Sub-regional and National Oceans Governance A. UNEP Regional Seas Programme B. European Union C. Asia-Pacific Economic Cooperation VIII. Further Reading Index

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