Negotiating the Law of the Sea

Negotiating the Law of the Sea
Author: James K. Sebenius
Publisher: Harvard University Press
Total Pages: 276
Release: 1984
Genre: Business & Economics
ISBN: 9780674606869

The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.

Negotiating the New Ocean Regime

Negotiating the New Ocean Regime
Author: Robert L. Friedheim
Publisher: Univ of South Carolina Press
Total Pages: 442
Release: 1993
Genre: Law
ISBN: 9780872498389

The task of the United Nations Conference on the Law of the Sea (1967-82) was to create a new ocean regime. Participants negotiated every major issue of ocean use: jurisdiction in the coastal and contiguous zones, the territorial sea, and the new two-hundred-mile exclusive economic zone (EEZ); transit and overflight through straits and archipelagos; fisheries management in the EEZs and high seas; ocean environmental obligations; the right to conduct ocean science; and the management of deep seabed mineral exploitation. Negotiating the treaty required more than fifteen years and the consent of more than one hundred and fifty nations. The resulting treaty, composed of three hundred and twenty articles plus seven major annexes, represents the final product of the largest, longest, and most complex formal negotiation in modern times. Negotiating the New Ocean Regime analyzes both the substance of the problems at hand - what should be done about the oceans - and the process of the bargaining and negotiating. With law and history as a background, Robert Friedheim uses regime theory and resource economics to analyze ocean problems and bargaining/cooperation theory of negotiation. To evaluate the treaty through the eyes of the stakeholders, the author employs a multi-attribute utility model. Finally, he assesses the bargaining system - parliamentary diplomacy with consensus as the decisive rule - for its usefulness, limitations, and applicability to other current global problems.

Implementation of the United Nations Convention on the Law of the Sea

Implementation of the United Nations Convention on the Law of the Sea
Author: Dai Tamada
Publisher: Springer Nature
Total Pages: 259
Release: 2021-04-02
Genre: Law
ISBN: 981336954X

This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.

African States and Contemporary International Law

African States and Contemporary International Law
Author: Tayo O. Akintoba
Publisher: BRILL
Total Pages: 192
Release: 2021-09-27
Genre: Law
ISBN: 9004482431

The Third Conference on the Law of the Sea marked a watershed in the emergence of African diplomatic and legal activities within the international system. Analysis of those states' participation therefore not only provides a template for the study of bloc activity at this level; it also adds the comprehensive analysis of African participation at UNCLOS III and, finally, it should also reveal the means by which states can more effectively impact global political and legislative processes. This study evaluates the extent to which the Exclusive Economic Zone (EEZ) concept represents an attempt by African states to allot to international law the task of correcting inequities between nations, and the future implications of such linkage. It critically explores and analyzes the conceptual framework that initiated action by African states in UNCLOS III, and it examines their attempts to operationalize this framework by their substantive participation in the negotiations. Finally, the study explores the future implications of African activity in the international legal and political system. In this evaluative process the author suggests the need for greater insight in conceptualizing the role of African states as a bloc within the international system. Only in this manner can a better appreciation be had of the important role African states are playing as contributors in the formation of contemporary international law.

The Law of the Sea and Northeast Asia

The Law of the Sea and Northeast Asia
Author: Park Hee Kwon
Publisher: BRILL
Total Pages: 258
Release: 2021-10-25
Genre: Law
ISBN: 9004478698

The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.