Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals

Interpretations of the United Nations Convention on the Law of the Sea by International Courts and Tribunals
Author: Angela Del Vecchio
Publisher: Springer
Total Pages: 437
Release: 2019-04-25
Genre: Law
ISBN: 3030107736

This book addresses current developments concerning the interpretation of the United Nations Convention on the Law of the Sea (UNCLOS) on the part of international courts and tribunals. It does so from different perspectives, by focusing on the jurisprudence of international and regional bodies, such as the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as international arbitral tribunals and the World Trade Organization (WTO) Dispute Settlement Body. The various contributions offer in-depth analyses of issues ranging from the interaction between the sources of the International Law of the Sea, to various substantial, procedural and institutional aspects of the regulatory framework established by UNCLOS. The book also focuses on the reference by international courts and tribunals, in Law of the Sea cases, to both general principles and rules concerning interpretation codified in the Vienna Conventions on the Law of Treaties.

Stability and Change in the Law of the Sea: The Role of the LOS Convention

Stability and Change in the Law of the Sea: The Role of the LOS Convention
Author: Alex G. Oude Elferink
Publisher: BRILL
Total Pages: 268
Release: 2005-12-01
Genre: Law
ISBN: 9047416163

This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

Definitions for the Law of the Sea

Definitions for the Law of the Sea
Author: George K. Walker
Publisher: Martinus Nijhoff Publishers
Total Pages: 354
Release: 2011-10-28
Genre: Law
ISBN: 9004211616

Definitions for the Law of the Sea elucidates undefined terms and phrases used in The United Nations Convention on the Law of the Sea (UNCLOS) itself, as well as terms used in its analysis. Based on nearly a decade of work by the American Branch of the International Law Association’s Law of the Sea Committee, the volume provides clear definitions based on usage in the Convention, rather than geographical or geological concepts. Over 200 terms are defined in the text, alongside analyses and commentary prepared by prominent experts in the field of oceans law. Abbreviated citation forms used throughout the volume are clarified, and relevant documents are included with updated references. Definitions for the Law of the Sea is an indispensable source for governmental officials, academics and practitioners of oceans law, and serves as a supplement to the multi-volume United Nations Convention on the Law of the Sea 1982: A Commentary.

Jurisdiction over Ships

Jurisdiction over Ships
Author: Henrik Ringbom
Publisher: BRILL
Total Pages: 466
Release: 2015-08-11
Genre: Law
ISBN: 9004303502

Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.

Navigational Rights and Freedoms and the New Law of the Sea

Navigational Rights and Freedoms and the New Law of the Sea
Author: Donald R. Rothwell
Publisher: BRILL
Total Pages: 389
Release: 2021-10-18
Genre: Law
ISBN: 9004482660

Navigational rights and freedoms have been central to the development of the law of the sea since the original debates over whether the seas were `open' or `closed' to maritime traffic. The 1982 UN Convention on the Law of the Sea recognises the legitimate rights of coastal states to proclaim sovereignty and assert jurisdiction over vast areas of maritime space. In return, maritime states are given a range of navigational rights over waters ranging from the territorial sea through to the high sea. The new regime of the law of the sea created by the Convention presents an opportunity to review developments in the law of navigational rights and freedoms. This book assesses the navigational regime established by the 1982 Convention, with emphasis given to the continuing importance of the freedom of the seas. Navigation in the territorial sea and international straits is reviewed, especially in the Straits of Malacca and Singapore, and the Torres Strait. Archipelagic navigation from the perspective of two claimant states, Indonesia and the Philippines, and a user state, South Korea, is also considered. The interaction of environmental concerns with navigational rights is an important feature of the current law of the sea regime with relevant conventions assessed and the role of the International Maritime Organization in developing navigational standards considered. Both European and Canadian practice in the protection of sensitive marine environments and the impact upon navigational rights is also considered. Finally, the roles of the International Tribunal for the Law of the Sea and the International Maritime Organization in dispute resolution are reviewed, before a concluding consideration of the future for navigational rights and freedoms in the twenty-first century.

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
Author: Myron H. Nordquist
Publisher: BRILL
Total Pages: 646
Release: 2009-02-28
Genre: Law
ISBN: 904742705X

Freedom of the seas and passage rights is a highly topical subject for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operations. The contents of the book include in-depth analysis of current international and regional approaches to freedom of navigation, transit passage through straits used for international navigation, archipelagic sea lanes passage, scientific research and hydrographic surveys in the Exclusive Economic Zone (EEZ), military surveys in the EEZ, as well as vessel source pollution and protection of the marine environment. Many of the chapters describe measures in place at multilateral and regional levels to improve information sharing and operational coordination. This collection will especially appeal to those concerned with freedom of the seas and passage rights. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations delivered at the conference. It also includes a draft index to the multi-volume series United Nations Convention on the Law of the Sea 1982: A Commentary. This book contains the edited papers and associated documents from the 32nd annual Virginia conference held in Singapore, January 9-10, 2008. Presentations were delivered by government officials, senior naval and coast guard commanders as well as by leading jurists and academics with impressive expertise in the law of the sea.

United Nations Convention on the Law of the Sea, 1982

United Nations Convention on the Law of the Sea, 1982
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Total Pages: 818
Release: 1985
Genre: Law
ISBN: 9780792307648

These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

Baselines under the International Law of the Sea

Baselines under the International Law of the Sea
Author: Coalter G. Lathrop
Publisher: BRILL
Total Pages: 185
Release: 2019-03-27
Genre: Law
ISBN: 9004398147

Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018: The Sophia Report (2012) and the Sydney Report (2018).

United Nations Convention on the Law of the Sea, 1982

United Nations Convention on the Law of the Sea, 1982
Author: Myron H. Nordquist
Publisher: Martinus Nijhoff Publishers
Total Pages: 546
Release: 1985
Genre: Law
ISBN: 9789024737192

These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.