Full Description
This book discusses contemporary challenges within the law of the sea, a domain of international law extensively codified in United Nations Convention on the Law of the Sea.
Given the considerable time elapsed since the convention's adoption and nearly three decades of its implementation, the book analyses the interplay and influence of its provisions on international customary law, as well as to identify issues arising from its application. The book explores and discusses crucial aspects of the law of the sea, addressing challenges and future perspectives related to UNCLOS provisions, such as the delimitation of maritime areas, maritime security, safety, environmental protection, and the implications of advancing technologies, particularly in the realm of unmanned vessels. Additionally, the book delves into recent maritime legal challenges arising from the conflict in Ukraine and the global impact of the COVID-19 pandemic.
The book will be of interest to students and scholars in the field of the law of the sea, international relations and international law.
The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Contents
Introduction by Tomasz Kamiński and Karol Karski
PART I: General Remarks
1. Anniversary of the UNCLOS or an Epitaph for Codification Conferences
2. International Law of the Sea in the Achievements of Professor Wojciech Góralczyk: Polish Delegate to the First and the Third UN Conferences on the Law of the Sea and to the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea
PART II: Maritime Areas and their Delimitation
3. The Methodology of Maritime Delimitation - Achievements and Prospects
4. The Status of Straight Baselines and the so-called Creeping Jurisdiction of Coastal States. Some Remarks on the Means of Addressing Unjustified Maritime Claims
5. The Antarctic Treaty - The Pearl in the Crown of the Law of Extraterritorial Space
6. Insula in Mari Nata - A Problem of Ius Gentium That is Not Only Theoretical
7. The Law of the Seabed 40 years after UNCLOS
8. The Process of Developing Maritime Spatial Plans of The Republic of Poland in the Context of Water Areas Under the UNCLOS Convention
PART III: UNCLOS in the Jurisprudence of International and Domestic Bodies and Courts
9. Through the Lens of General International Rules. How did Judge Manfred Lachs Contribute to Developing the Law of the Sea?
10. The Role of the International Tribunal for the Law of the Sea
11. Dispute Settlement Measures Guaranteed by the Convention on the Law of the Sea in the Practice of the Proceedings of the Russian Federation
12. Reception of ICJ Jurisprudence by Domestic Courts in the Field of International Law of The Sea
13. Article 235 of LOSC and the International Liability Regime for Oil Pollution Damage: Cracks in the System as Shown by Recent Case Law
PART IV: Protection of the Marine Environment
14. Environmental Law of the Sea and Part XII of the UN Convention on the Law of the Sea
15. Marine Mammals, the UNCLOS and the International Convention on the Regulation of Whaling: Too Little and too Unstructured, A Case study of Whaling
16. The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: A Treaty Implementing the United Nations Convention on the Law of the Sea?
17. The Vistula Spit Canal in the Light of the 'Rights of Nature' Concept and the Principle of Good Neighbourliness
18. Environmental Impact Assessment as a Mandatory Element of the Submarine Pipelines Laying Process, as Seen by the Baltic Sea Countries - Overview and Perspectives
PART V: Maritime Security
19. International Legal Aspects of Combating Maritime Terrorism. Notes de lege lata and de lege ferenda
20. Counteracting Maritime Incidents of a Hybrid Nature in the Light of the UNCLOS Convention
21. Can Turkey Legally Close the Passage through Turkish Straits for Russian Warships due to Russian Military Aggression Against Ukraine?
22. Independent-Dependent States - Land-Locked States Right of Access to and from the Sea
23. Maritime Disputes that Poland is Involved in
PART VI: Maritime Safety
24. (R)evolution of Maritime Safety in IMO Conventions and UNCLOS
25. Some Legal Aspects of Satellite Navigation and Maritime Safety
26. Defending the Fleet: Cybersecurity and Autonomous Ships
27. Port Community System (PCS) as a Digital Platform for Autonomous Ships - A Polish Perspective
28. ACCESS DENIED - The COVID-19 Pandemic and Discretion of Port States to Decide on Access to a Port in the Light of the United Nations Convention on the Law of the Sea: Legal and Economic Consequences
