Conventions on the Law of the Sea

Conventions on the Law of the Sea

Author: United States. Congress. Senate. Committee on Foreign Relations

Publisher:

Published: 1960

Total Pages: 156

ISBN-13:

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Reviews the Law of the Sea Conference, four conventions and an optional protocol on the disputes and settlements of the high sea, territorial sea, fishing, contiguous zones and the continental shelf.


International Straits

International Straits

Author: Ana G. López Martín

Publisher: Springer Science & Business Media

Published: 2010-08-14

Total Pages: 239

ISBN-13: 3642129064

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The four 1958 Geneva Conventions on the Law of the Sea, which codi?ed and progressively developed this sector of our legislation, were rather ephemeral despite the fact that they were constituent Conventions. In fact, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) again undertook the same task with the same spirit 20 years later after a long drawn out global negotiation process in which all the marine areas and problems pending were analysed and discussed by the countries attending, and an apparently strengthened majority was attained, including the essential agreement between the principal naval powers and the third world countries, symbolised most grossly in the recognition of exclusive economic areas which were 200 miles wide in exchange for a signi?cant alteration to the legal rules applicable to the international straits. From 1973 to 1982, the negotiations showed that there were a number of particular factors affecting the seas: “strait” countries, user countries, long range ?shing countries, embedded countries, archipelagic countries, broad platform countries, etc. In 1982 when the UNCLOS was adopted, it seemed to be a text with justi?ed pretensions to be in force for a long period of time as the nine years of negotiations required for its adoption had taken into account the main problems pending agreement although not absolutely all.


The 1949 Geneva Conventions

The 1949 Geneva Conventions

Author: Andrew Clapham

Publisher: Oxford Commentaries on Interna

Published: 2015

Total Pages: 1753

ISBN-13: 0199675449

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This Oxford Commentary is the first book in fifty years to provide a detailed commentary on the four 1949 Gevena Conventions, the building blocks of international humanitarian law. It takes a thematic approach to take account of the changes in international law since 1949, in particular the growth of international criminal and human rights law.


Dispute Settlement in the UN Convention on the Law of the Sea

Dispute Settlement in the UN Convention on the Law of the Sea

Author: Natalie Klein

Publisher: Cambridge University Press

Published: 2005-01-06

Total Pages: 457

ISBN-13: 1139442538

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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.


The Legal Regime of Straits

The Legal Regime of Straits

Author: Hugo Caminos

Publisher: Cambridge University Press

Published: 2014-12-22

Total Pages: 531

ISBN-13: 1316060608

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The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.