Hardback
The Development of the Law of the Sea Convention
The Role of International Courts and Tribunals
9781839104251 Edward Elgar Publishing
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.
More Information
Critical Acclaim
Contributors
Contents
More Information
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.
Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS.
This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs.
Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS.
This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs.
Critical Acclaim
‘The Development of the Law of the Sea Convention represents a collective effort in filling the gap left in academic discussion. This book offers an in-depth appraisal of the impacts and contributions of international courts and tribunals to the development of UNCLOS since its entry into force in 1994. The book is timely, authoritative and thought- provoking. It will be of great interest to a wider readership, not only scholars and students working in the fields of public international law and the law of the sea, but also practitioners and relevant international organizations and institutions.’
– Zhiguo Gao, Ocean Yearbook
‘The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the “genuine link”, hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.’
– Tullio Treves, Former Judge, The International Tribunal for the Law of the Sea
– Zhiguo Gao, Ocean Yearbook
‘The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the “genuine link”, hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.’
– Tullio Treves, Former Judge, The International Tribunal for the Law of the Sea
Contributors
Contributors: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin
Contents
Contents:
Preface xi
1 General introduction 1
Øystein Jensen
2 The regime of islands 14
Sir Malcolm D. Evans and Reece Lewis
3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48
Robin Churchill
4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73
Nigel Bankes
5 Managing transboundary fish stocks for sustainability 104
Andrew Serdy
6 Obligations of flag states in the exclusive economic zone 139
Aldo Chircop
7 Deep seabed mining 168
Aline Jaeckel
8 ITLOS and the tale of the tenacious ‘genuine link’ 190
Moira L. McConnell
9 Hot pursuit 216
Knut E. Skodvin
10 Historic rights 244
Seokwoo Lee and Lowell Bautista
11 Reflections 262
Øystein Jensen
Index 268
Preface xi
1 General introduction 1
Øystein Jensen
2 The regime of islands 14
Sir Malcolm D. Evans and Reece Lewis
3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime 48
Robin Churchill
4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone 73
Nigel Bankes
5 Managing transboundary fish stocks for sustainability 104
Andrew Serdy
6 Obligations of flag states in the exclusive economic zone 139
Aldo Chircop
7 Deep seabed mining 168
Aline Jaeckel
8 ITLOS and the tale of the tenacious ‘genuine link’ 190
Moira L. McConnell
9 Hot pursuit 216
Knut E. Skodvin
10 Historic rights 244
Seokwoo Lee and Lowell Bautista
11 Reflections 262
Øystein Jensen
Index 268
