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Law of the Sea: Progress and Prospects

Edited by: David Freestone, Richard Barnes, David Ong

ISBN13: 9780199299614
ISBN: 0199299617
Published: July 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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It is now more than ten years since the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force and more than twenty years since it was concluded in December of 1982 after more than nine years of negotiations. The famous nullpackage dealnull that it represented addressed many of the problematic issues that previous conventions had been unable to settle.

This collection of essays, by leading academics and practitioners, provides a critical review of the LOSC and its relationship to and interface with the wide range of developments which have occurred since 1982. The individual chapters reveal a number of core themes, including the need to maintain the integrity of the LOSC and its centrality to oceans regulation; the tension between regional global regimes for oceans governance and the struggle to reconcile these within the LOSC; the gradual consolidation of authority over oceans space; the difficulty of adapting some of the more dated provisions of the LOSC to deal with unforeseen contemporary issues of oceans use; and the consequent development of the general obligations of the LOSC through binding and non-binding agreements.

They clearly indicate the potential impact and role of post-LOSC agreements and institutions in developing the law of the sea and resolving some of the outstanding substantive issues. From this it is clear that the future of the Law of the Sea will involve an understanding of the wider legal environment within which it operates.

  • Includes contributions from leading authorities on the law of the sea, both academic and practitioner
  • Critically reviews the 1982 United Nations Convention on the Law of the Sea and the range of developments which have occurred since its inception
  • Examines the tension between regional global regimes for oceans governance and the structural regulation of the UN 1982 Convention
  • Examines the adaptability of the UN 1982 Convention and its ability to cope with unforeseen contemporary issues of oceans use

Subjects:
Public International Law
Contents:
Foreword
Acknowledgements
Notes on Contributors
List of Abbreviations
Table of Cases
Table of Legislation
1. The Law of the Sea: Progress and Prospects ; Richard Barnes, David Freestone, David Ong
2. Reflections on the 1982 Convention on the Law of the Sea ; L. Dolliver M. Nelson
3. Further Development of the 1982 Convention on the Law of the Sea ; Alan Boyle
4. The Role of the United Nations in International Oceans Governance ; Louise de La Fayette
5. Administering the Mineral Resources of the Deep Seabed ; Satya Nandan
6. Towards an International law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf? ; David M. Ong
7. The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention ; Tullio Scovazzi;
8. Maritime Boundary Delimitation: Where Do We Go From Here? ; Malcolm D. Evans
9. Submissions to the Commission on the Limits of the Continental Shelf in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the Convention on the Law of the Sea ; Constance Johnson, Alex G. Oude Elferink
10. From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment ; Catherine Redgwell
11. Port State Jurisdiction: Towards Mandatory and Comprehensive Use ; Erik Jaap Molenaar
12. The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship Between CITES and LOSC ; Erik Franckx
13. The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation? ; Richard Barnes
14. Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling ; Patricia W. Birnie
15. High Seas Fisheries Management under the Convention on the Law of the Sea ; Kristina M. Gjerde
16. The Role of the World Bank and the Global Environment Facility in the Implementation of the Regime of the Convention on the Law of the Sea ; David Freestone
17. Freedoms of the High Seas in the Modern Law of the Sea ; David Anderson
18. Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction ; Stuart Kaye
19. Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones ;Sam Bateman
20. Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade; Robin Churchill
21. A System for Law of the Sea Dispute Settlement; Tullio Treves
22. The World Court and Peaceful Settlement of Oceans Disputes ; Barbara Kwiatkowska
Index