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3 Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction

Irina Buga

From: The Oxford Handbook of the Law of the Sea

Edited By: Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott, Tim Stephens

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 May 2021

Law of the sea — UNCLOS (UN Convention on the Law of the Sea) — Law of treaties — Vienna Convention on the Law of Treaties — International organizations — International procedural law

The UN Convention on the Law of the Sea (LOSC) contains both explicit and implicit mechanisms to deal with the changing international environment. Subsequent practice has had a significant impact on the development of the LOSC framework and will continue to do so in the future. This chapter begins by describing the process of modification by subsequent practice in general. It then explores examples of modification in the LOSC and looks at the role of subsequent practice in the process of regime interaction between the law of the sea and other regimes. It examines alternative mechanisms that facilitate informal adaptation and regime interaction in the LOSC, therefore reducing the need for modification by subsequent practice. The final section draws some conclusions regarding the evolution of the LOSC.

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