Full Description
In light of the challenges facing the United Nations Convention on the Law of the Sea and its implementing agreements, this Research Handbook explores how issues including climate change, technological developments and increasing geopolitical instability threaten our seas.
Contributing authors undertake a comprehensive examination of the foundational regimes outlined in the law of the sea, from traditional rules such as the freedom of navigation on the high seas, to emerging developments such as the issue of unmanned ships. Chapters cover key themes, namely the spatial and substantive limits of maritime zones, the new challenges in navigating the high seas regime, the legal regime for the seabed, emerging issues and litigating the law of the sea. Addressing 19 distinct challenges, both classic and contemporary, this Research Handbook debates whether the existing laws of the sea are still relevant and effective, or whether they require adaptation and revision.
A valuable resource for scholars and students interested in the law of the sea, this Research Handbook is of great benefit to those within the fields of international law, international relations and business dependent on the sea and its legal order. Detailing the necessary adjustments and changes in current legal regimes, this Handbook is also an essential read for government officials, counsel members, judges and arbitrators.
Contents
Contents
Introduction to the Research Handbook on the Law of the Sea 1
Suzanne Lalonde
PART I ASSESSING SPATIAL AND SUBSTANTIVE LIMITS OF MARITIME ZONES
1 Port State jurisdiction: a powerful tool in danger of overuse? 8
Makoto Seta
2 The influence of international decisions on the law of baselines 28
Snjólaug Árnadóttir and Bjarni Már Magnússon
3 The enduring debate surrounding what is an 'international strait' 51
Suzanne Lalonde
4 The contiguous zone in the light of Alleged Violations of Sovereign Rights
and Maritime Spaces in the Caribbean Sea (Nicaragua v Colombia) 73
Bjarni Már Magnússon and Medy Dervovic
5 Coastal State jurisdiction and high seas freedoms in the EEZ: is the balance
changing? 95
Camille Goodman
PART II NEW CHALLENGES IN NAVIGATING THE HIGH SEAS REGIME
6 Jurisdiction over incidents of navigation on the high seas in The "Enrica
Lexie" Incident (Italy v India): a second wind for the Lotus case? 115
Patrick Vrancken
7 Compensation for loss or damage through the right of visit on the high seas 132
Agustín Blanco-Bazán
8 To outsource or not to outsource? Rethinking the piracy prosecution model 151
Klaas Willaert
9 General rules and contemporary developments concerning unmanned ships 166
Vincent Cogliati-Bantz
PART III IMPLEMENTING THE LEGAL REGIME FOR THE SEABED
10 The beginning of the end for the obligation of restraint? 190
Xuexia Liao
11 The law and legitimacy of the Commission on the Limits of the
Continental Shelf 211
Øystein Jensen
12 Eligibility criteria for deep sea mining activities in the Area: effective and
enforceable? 235
Klaas Willaert
PART IV EMERGING ISSUES IN THE LAW OF THE SEA
13 Accommodating the traditional fishing rights of Indigenous Peoples
within the legal-spatial architecture of ocean space and assertions of State
sovereignty 254
Endalew Lijalem Enyew and Nigel Bankes
14 Resource exploitation in a changing climate: protecting the Arctic Ocean
beyond national jurisdiction 280
Hayley Roberts
15 Fisheries subsidies in the World Trade Organization: the unfinished
business 305
Andrew Serdy
PART V LITIGATING THE LAW OF THE SEA
16 The procedure for the prompt release of vessels and crews: Pragmatic?
Predictable? Passé? 330
Camille Goodman and Valentin Schatz
17 Territorial disputes and litigation under UNCLOS 356
Massimo Lando
18 The State immunity case law under the United Nations Convention on the
Law of the Sea: the dangers of decoupling 376
Andrew Serdy
19 Applicable law and incidental jurisdiction before Part XV fora 395
Makoto Seta
