Full Description
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 "package deal" 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.
Contents
Foreword ; Acknowledgements ; Notes on Contributors ; List of Abbreviations ; Table of Cases ; Table of Legislation ; 1. The Law of the Sea: Progress and Prospects ; 2. Reflections on the 1982 Convention on the Law of the Sea ; 3. Further Development of the 1982 Convention on the Law of the Sea ; 4. The Role of the United Nations in International Oceans Governance ; 5. Administering the Mineral Resources of the Deep Seabed ; 6. Towards an International law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf? ; 7. The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention ; 8. Maritime Boundary Delimitation: Where Do We Go From Here? ; 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 ; 10. From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment ; 11. Port State Jurisdiction: Towards Mandatory and Comprehensive Use ; 12. The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship Between CITES and LOSC ; 13. The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation? ; 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 ; 15. High Seas Fisheries Management under the Convention on the Law of the Sea ; 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 ; 17. Freedoms of the High Seas in the Modern Law of the Sea ; 18. Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction ; 19. Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones ; 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 ; 21. A System for Law of the Sea Dispute Settlement ; 22. The World Court and Peaceful Settlement of Oceans Disputes ; Index
