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- Preliminary Material
- Main Text
- 1 Historical Development of the Law of the Sea
- 1 Introduction
- 2 The Main Steps of the Evolution of the Law of the Sea between 1493 and the End of the Nineteenth Century
- 3 The Attempts at Codification before World War II
- 4 The Claims to Expand the Coastal State’s Jurisdiction after World War II
- 5 Codification in the Early Phase of the United Nations: The Geneva Conventions on the Law of the Sea
- 6 The Contribution of International Courts and Tribunals to the Development of the Law of the Sea, from the end of the Nineteenth Century to the Aftermath of the Geneva Conventions
- 7 Conclusion
- 2 The 1982 United Nations Convention on the Law of the Sea
- 1 Introduction
- 2 The Genesis, Adoption, and Entry into Force of the LOSC
- 3 An Overview of the LOSC
- 4 The Legal Nature of the Provisions of the LOSC
- 5 Participation in the LOSC
- 6 Reservations and Declarations
- 7 The Relationship of the LOSC to Other Treaties and Customary International Law
- 8 Compliance with the LOSC
- 9 The Annual Cycle of Review of the LOSC
- 10 Developing the LOSC
- 11 Conclusions
- 3 Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction
- 4 Baselines
- 5 The Territorial Sea and Contiguous Zone
- 6 International Straits
- 7 The Archipelagic Regime
- 8 The Exclusive Economic Zone
- 1 Introduction
- 2 The Evolution of the Concept and the Nature of the EEZ in Contemporary International Law
- 3 The Applicable Legal Regime
- 3.1 Coastal and third States’ rights and obligations and the conflict over the attribution of rights
- 3.2 Powers over living resources
- 3.3 Powers over non-living resources and over all other economic resources
- 3.4 Construction of artificial islands and installations
- 3.5 Marine scientific research
- 3.6 Environmental protection
- 4 Other States Rights and Obligations
- 5 The Future of the EEZ
- 9 The Continental Shelf
- 10 The High Seas
- 11 The Deep Seabed
- 1 Introduction
- 2 Legal Status of the Area and its Resources
- 3 The International Seabed Authority
- 4 Regulation of ‘Activities in the Area’
- 5 Commercial Exploitation
- 6 Reserved Areas
- 7 Sponsorship by States Parties
- 8 Dispute Settlement
- 9 Responsibility of the International Seabed Authority under Article 82(4) of the LOSC
- 10 Conclusion
- 12 Maritime Boundary Delimitation
- 13 Port and Coastal States
- 14 Flag States
- 15 Landlocked and Geographically Disadvantaged States
- 16 The United Nations: A Practitioner’s Perspective
- 1 Introduction
- 2 Preparing for the Entry into Force of the LOSC
- 3 Informal Consultations Relating to the Implementation of Part XI of the LOSC
- 4 Establishing the Convention Institutions after the Entry into Force of the LOSC
- 5 The Division for Ocean Affairs and the Law of the Sea
- 6 United Nations Conferences on the Human Environment
- 6.1 Declaration of the United Nations Conference on the Human Environment
- 6.2 The Rio Declaration on Environment and Development and Agenda 21
- 6.3 The Johannesburg Declaration on Sustainable Development and the Plan of Implementation of the World Summit on Sustainable Development
- 6.4 The Rio+20 United Nations Conference on Sustainable Development and The Future We Want
- 6.5 The relationship between the documents adopted by the United Nations Conferences on the Human Environment and the LOSC
- 7 The Role of the General Assembly
- 8 The Meeting of States Parties to the LOSC
- 9 Sustainable Fisheries and Straddling and Highly Migratory Fish Stocks
- 10 Oceans and Coastal Areas Network (UN-Oceans)
- 11 The United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea
- 12 The Regular Process
- 13 Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction
- 14 Piracy on the Agenda of the Security Council
- 15 Concluding Observations
- 17 The Law of the Sea Convention Institutions
- 1 Introduction
- 2 Drafting History of the Institutional Provisions in the Law of the Sea Convention
- 3 The Meeting of the State Parties
- 4 The International Tribunal for the Law of the Sea
- 5 The Commission on the Limits of the Continental Shelf
- 6 The International Seabed Authority
- 7 The Meeting of the States Parties as a Forum to Review General Developments in the Law of the Sea
- 8 A System of Law of the Sea Institutions?
- 9 Conclusion
- 18 Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals
- 1 Introduction
- 2 The Obligation of States to Settle Disputes Peacefully
- 3 The duty to Arbitrate or Adjudicate Disputes under the LOSC
- 4 Choice of Forum for Compulsory Settlement of LOSC Disputes
- 5 Nature of the Dispute
- 6 Procedural Limitations on Jurisdiction under Section 2 of Part XV
- 7 Substantive Limitations on Jurisdiction under Section 2 of Part XV
- 8 Institutional Constraints on the Exercise of Jurisdiction
- 9 Entities other than States
- 10 Applicable Law
- 11 Advisory Opinions
- 12 Conclusion
- 19 The International Maritime Organization
- 1 Introduction
- 2 Purposes, Functions, and Governance Structure
- 4 Functions of the IMO in the LOSC
- 4.1 The IMO within the framework of the LOSC
- 4.2 A ‘Competent international organization’
- 4.3 Quasi-legislative functions
- 4.4 Overseeing and approving requests for routeing measures
- 4.5 Clearing house for information and receiver of notification requirements
- 4.6 Capacity-building and technology transfer
- 4.7 Facilitation and contribution to international cooperation
- 4.8 Interaction with and assistance to other intergovernmental organizations
- 4.9 Support for dispute settlement
- 5 Conclusion: Achievements and Issues
- 20 Regional Fisheries Management Organizations
- 21 Integrated Oceans Management: A New Frontier In Marine Environmental Protection
- 1 Introduction
- 2 Integrated Oceans Management as a Tool for Marine Environmental Protection
- 3 National Implementation of Integrated Oceans Management
- 4 Regional Implementation of Integrated Oceans Management
- 5 Implementation of Integrated Oceans Management in ABNJ: Progress and Prospects
- 6 Concluding Remarks
- 22 Marine Living Resources
- 1 Introduction
- 2 Marine Living Resources: Relevance and Notion
- 3 General Principles
- 4 The Framework of the Law of the Sea Convention
- 5 The United Nations Straddling and Highly Migratory Fish Stocks Agreement
- 6 International Regulation of Fishing Methods
- 7 Compliance and Enforcement
- 8 Marine Mammals
- 9 Emerging Concepts Relevant to the Management of MLR
- 10 Conclusion and Outlook
- 23 Science and the International Regulation of Marine Pollution
- 24 Navigational Rights and Freedoms
- 1 Introduction
- 2 The Right of Innocent Passage through the Territorial Sea
- 2.1 General considerations
- 2.2 Exercise of the right of innocent passage
- 2.3 The regulation of the right of innocent passage by the coastal State
- 2.4 The right of innocent passage of foreign warships
- 2.5 The right of innocent passage of foreign nuclear-powered ships and ships carrying inherently dangerous or noxious substances
- 3 Navigational Rights through International Straits
- 4 Navigational Rights in the Archipelagic Waters
- 5 Navigational Rights in the EEZ
- 6 Navigational Rights on the High Seas
- 7 Further Developments
- 25 Marine Scientific Research
- 1 Introduction
- 2 Defining Marine Scientific Research
- 3 Development of the Regime for Marine Scientific Research
- 4 The LOSC Regime for Marine Scientific Research
- 4.1 The ‘right’ to conduct MSR
- 4.2 General provisions
- 4.3 Internal waters, archipelagic waters, and the territorial sea
- 4.4 Continental shelf and exclusive economic zone
- 4.5 High seas
- 4.6 Area
- 4.7 Intergovernmental Oceanographic Commission and marine scientific research
- 4.8 Scientific research installations and equipment
- 5 Marine Scientific Research under Other Regimes
- 6 Coastal State Legislation Concerning Marine Scientific Research
- 7 Future Developments
- 26 Maritime Security
- 27 The Mediterranean Sea
- 28 The South China Sea
- 29 North-East Atlantic and the North Sea
- 30 The Caribbean Sea and Gulf of Mexico
- 1 Introduction
- 2 Background
- 3 Claims to Maritime Jurisdiction in the Caribbean Region
- 4 Marine Activities, Environment, and Resources
- 5 Outstanding Delimitation Issues in the Caribbean
- 6 Conclusions
- 31 The Indian Ocean and the Law of the Sea: A Work in Progress
- 32 Polar Oceans and Law of the Sea
- 33 Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea
- 1 Introduction
- 2 Normative Features of the ABNJ Legal and Institutional Framework
- 3 Gaps in Implementation of the ABNJ Legal and Institutional Framework for Conservation and Sustainable Use of Marine Biodiversity
- 4 Global and Regional Initiatives to Develop the Legal and Institutional Framework for Conservation and Sustainable Use of Marine Biodiversity in ABNJ
- 5 Evolving the Legal and Institutional Framework for Conservation of Marine Biodiversity in ABNJ
- 6 Conclusion
- 34 Warming Waters and Souring Seas: Climate Change and Ocean Acidification
- 35 Threatened Species and Vulnerable Marine Ecosystems
- 36 Marine Bioprospecting
- 37 Piracy
- 1 Contemporary Piracy
- 2 Piracy Under International Law
- 3 Counter-Piracy Enforcement Powers
- 4 Criminal Prosecution of Alleged Pirates
- 5 A Mixed Appraisal of the Legal Regime on Piracy
- 38 Military Operations
- 39 Charting the Future for the Law of the Sea
- 1 Introduction
- 2 Lines in the Sea: The Future for Maritime Limits and Zones
- 3 Actors and Institutions: The Future of Ocean Managers
- 4 Substantive Regimes: The Future for Global Oceans Management
- 5 Regional Oceans Management: An Indispensable Instrument with Mixed Results
- 6 The Law of the Sea Convention: What Future for the Constitution of the Oceans?
- 1 Historical Development of the Law of the Sea
- Further Material
- [3.237.20.246]
- 3.237.20.246
