The Law of the Sea

Table of cases Table of treaties 1 Introduction Scope of the book Early development of the subject Sources of the modern law of the sea Attempts at codification The UN Convention on the Law of the Sea International organisations The present legal regime Materials on the law of the sea 2 Baselines Introduction The low-water line Artificially constructed baselines Islands and baselines Publicising baselines Baselines and sea level rise Concluding observations 3 Internal waters Definition Legal status The right of access to ports and other internal waters Jurisdiction in internal waters 4 The territorial sea Development of the concept Legal status of the bed, subsoil and superjacent airspace of the territorial sea The breadth of the territorial sea The right of innocent passage The right to deny and suspend passage Rights and duties of the coastal State 5 Straits Definition The regime under customary law and the Territorial Sea Convention The regime under the Law of the Sea Convention The UNCLOS regime and customary law Special regimes 6 The legal regime of archipelagic waters Introduction Development of a special regime for archipelagos Legal status of archipelagic waters Navigational rights of other States in archipelagic waters Obligations of an archipelagic State in its archipelagic waters Conclusion 7 The contiguous zone Introduction Development of the concept Breadth of the contiguous zone Claims to a contiguous zone Legal status of the contiguous zone 8 The continental shelf Introduction The legal status of the continental shelf The outer limit of the continental shelf The Commission on the Limits of the Continental Shelf The continental shelf of Antarctica The rights and duties of the coastal State Non-independent territories 9 The exclusive economic zone Introduction Evolution of the EEZ Extent and delineation of the EEZ The legal nature of the EEZ Claims to an EEZ Concluding observations 10 The delimitation of maritime boundaries Introduction The process of maritime boundary delimitation Delimitation of territorial sea boundaries Delimitation of maritime boundaries beyond the territorial sea but within 200 miles of the baseline Delimitation of continental shelf boundaries beyond 200 miles Grey areas Obligations of States with overlapping maritime zones pending delimitation of a maritime boundary Areas of joint management and exploitation and other co-operative arrangements The effect of sea level rise on maritime boundary agreements Concluding observations 11 The high seas Introduction Definition The legal status of the high seas Freedom of the high seas Jurisdiction on the high seas 12 The international seabed area Introduction The background to the provisions of UNCLOS Resolutions I and II: Preparatory Investment Protection The Reciprocating States Regime Prepcom, the UNCLOS regime and the 1994 Implementation Agreement Principles of the UNCLOS regime: an overview The International Seabed Authority The system of exploitation The common heritage 13 Safety of navigation Introduction The legal framework for the adoption, implementation and enforcement of safety measures Construction, design and equipment standards The qualifications and working conditions of ships’ crews The movement of ships Other safety measures Concluding observations 14 The international regime governing marine fisheries Introduction Some background issues The evolution of international fisheries law The regime for fisheries within national jurisdiction The regime for fisheries on the high seas Instruments applying both within and beyond national jurisdiction Concluding observations 15 Protection of the marine environment: an introduction Introduction The framework of international law for protecting the marine environment Principles for marine environmental policy-making and legislation Control of marine pollution: an introduction Conservation of marine biodiversity: an introduction 16 Protection of the marine environment: controlling marine pollution Introduction Pollution from ships Pollution by dumping Pollution from sea-bed activities subject to national jurisdiction Pollution from activities in the Area Pollution from land-based sources Pollution from or through the atmosphere Concluding observations 17 Protection of the marine environment: conserving marine biodiversity Introduction Holistic instruments Protection of marine habitats Conservation of species Concluding observations 18 The international legal regime for marine scientific research Introduction Development of the international legal regime for marine scientific research The meaning of ‘marine scientific research’ The scope of the competence to conduct marine scientific research under UNCLOS General principles governing marine scientific research The legal status of research installations and equipment International co-operation in marine scientific research Marine scientific research under regimes other than UNCLOS Concluding observations 19 The transfer of marine technology Introduction The transfer of marine technology under UNCLOS Capacity-building 20 Landlocked States and the law of the sea Introduction The navigational rights of landlocked States The access of landlocked States to marine resources The access of landlocked States to the sea Conclusions 21 Settlement of disputes Settlement of disputes under general international law Settlement of disputes under the Law of the Sea Convention General issues concerning dispute settlement Index -- .