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Vol 21 No 11 Nov/Dec 2016

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Reflections on the Contemporary Law of the Sea

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ISBN13: 9789004212572
Published: January 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherland
Format: Hardback
Price: Out of print



Reflections on the Contemporary Law of the Sea describes the development and the present state of this important field of international law, particularly in light of the 1982 United Nations Convention on the Law of the Sea, while also drawing attention to some of the current problems facing the international community.

Specifically, the book deals with the principle of the common heritage of mankind, the situation of landlocked States, the resurgence of piracy, terrorism at sea, the role of the International Tribunal for the Law of the Sea and the waning freedom of the seas. It provides more new insights on certain aspects of these topics and is of interest for the entire law of the sea community, including law students in particular.

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Subjects:
Public International Law
Contents:
I. INTRODUCTION
II. THE DEVELOPMENT OF THE MODERN LAW OF THE SEA
A. The Historic Evolution of the Law of the Sea
B. The Twentieth Century Challenge to the Freedom of the Seas
C. The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
D. The Extension of Coastal State Sovereignty and Jurisdiction
III. THE PRINCIPLE OF THE COMMON HERITAGE OF MANKIND
A. The Evolution of the Concept
B. UNCLOS and the Common Heritage of Mankind
C. The 1994 “Implementation Agreement” to Part XI of UNCLOS
D. The Current State of the Principle of the Common Heritage of Mankind
IV. THE LANDLOCKED STATES AND THE LAW OF THE SEA
A. Landlocked States and Maritimes Uses
B. The Historic Evolution of the Maritime Rights of Landlocked States
C. The 1958 Geneva Conventions on the Law of the Sea
D. The 1965 Convention on Transit Trade of Landlocked States
E. The Third United Nations Conference on the Law of the Sea
F. UNCLOS and the Landlocked States
G. Developments since the adoption of UNCLOS
V. THE RESURGENCE OF PIRACY
A. The Present Situation
B. The History of Piracy
C. The Definition of Piracy
D. Universal Jurisdiction
E. The Repression of Piracy
F. Measures against Somali Piracy
G. Current Legal Problems
H. Outlook
VI. TERRORISM AT SEA
A. The Legal Response to Terrorism at Sea
B. The 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation; (SUA) and Protocol
C. The Updating of the SUA Convention and Protocol
D. The Protocols of 2005 to the SUA Convention and Protocol
E. The SUA Convention and Piracy
F. Current Situation
VII. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)
A. UNCLOS and the Settlement of Disputes
B. Composition and Structure of ITLOS
C. The Jurisdiction of ITLOS
D. The Jurisprudence of ITLOS
1. Provisional Measures
2. Prompt Release of Vessels and Crews
3. Cases relating to the Merits
4. Advisory Opinion
E. Assessment
VIII. THE WANING FREEDOM OF THE SEAS
A. The “Territorial Temptation” of Coastal States
B. Limitations to the Freedom of Navigation
C. The Restricted Freedom of High Seas Fishing
IX. Conclusion
BIBLIOGRAPHY
INDEX.