The Law of the Sea: Progress and Prospects

Hardcover | July 13, 2006

EditorDavid Freestone, Richard Barnes, David Ong

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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 ofthe 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 consolidationof 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 indicatethe 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 itoperates.

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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 ofthe problematic issues that previous conventi...

David Freestone currently works as Deputy General Counsel for Advisory Services at The World Bank in Washington DC. He held a personal chair in International Law at Hull from 1991 to 2002 and has been awarded an Honorary Chair. In 1986 he founded and is now Editor-in-Chief of the International Journal of Marine and Coastal Law. He is ...

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Format:HardcoverDimensions:504 pages, 9.21 × 6.14 × 1.27 inPublished:July 13, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199299617

ISBN - 13:9780199299614

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Table of Contents

ForewordAcknowledgementsNotes on ContributorsList of AbbreviationsTable of CasesTable of Legislation1. Richard Barnes, David Freestone, David Ong: The Law of the Sea: Progress and Prospects2. L. Dolliver M. Nelson: Reflections on the 1982 Convention on the Law of the Sea3. Alan Boyle: Further Development of the 1982 Convention on the Law of the Sea4. Louise de La Fayette: The Role of the United Nations in International Oceans Governance5. Satya Nandan: Administering the Mineral Resources of the Deep Seabed6. David M. Ong: Towards an International law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf?7. Tullio Scovazzi: The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention8. Malcolm D. Evans: Maritime Boundary Delimitation: Where Do We Go From Here?9. Constance Johnson, Alex G. Oude Elferink: 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 Sea10. Catherine Redgwell: From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment11. Erik Jaap Molenaar: Port State Jurisdiction: Towards Mandatory and Comprehensive Use12. Erik Franckx: The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship Between CITES and LOSC13. Richard Barnes: The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation?14. Patricia W. Birnie: 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 Whaling15. Kristina M. Gjerde: High Seas Fisheries Management under the Convention on the Law of the Sea16. David Freestone: 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 Sea17. David Anderson: Freedoms of the High Seas in the Modern Law of the Sea18. Stuart Kaye: Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction19. Sam Bateman: Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones20. Robin Churchill: Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade21. Tullio Treves: A System for Law of the Sea Dispute Settlement22. Barbara Kwiatkowska: The World Court and Peaceful Settlement of Oceans DisputesIndex