Stability And Change in the Law of the Sea: The Role of the Los Convention (Nova Et Vetera Iuris Gentium)

The adoption of the United Nations Convention on the Law of the Sea in 1982 has led to a period of relative stability in the law of the sea. However, especially in recent times there have also been calls to amend the Convention because of supposed shortcomings. Renegotiation of the Convention in all probability would be a time consuming process, the outcome of which is highly uncertain. Such a process would almost certainly negatively impact upon international cooperation in the management of ocean space as it is bound to lead to uncertainty and conflict over the applicable legal regime. This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention. Issues reviewed are: the question to what extent the Convention provides a ‘constitution for the oceans’; the roles of the UN General Assembly and the Meeting of States Parties to the Convention in reviewing its implementation; the impact of state practice on the Convention and vice versa; and the significance of the formal amendment procedures and other mechanisms to adapt the Convention to changed circumstances. Title Page Copyright Page Table of Contents Preface Abbreviations List of Arbitrations, Cases and Judgments List of Conventions, Treaties and Other International Instruments Introduction PART ONE THE LOS CONVENTION AS AN INTERNATIONAL REGIME: A POLITICAL SCIENCE PERSPECTIVE The LOS Convention as a Constitutional Regime for the Oceans Commentary on Shirley V. Scott “The LOS Convention as a Constitutional Regime for the Oceans” Commentary Commentary PART TWO THE ROLE OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS AND THE MEETING OF STATES PARTIES TO THE LOS CONVENTION IN REVIEWING ITS IMPLEMENTATION The General Assembly and the Meeting of States Parties in the Implementation of the LOS Convention Reviewing Implementation of the LOS Convention and Emerging International Public Law PART THREE THE IMPACT OF STATE PRACTICE ON THE JURISDICTIONAL FRAMEWORK CONTAINED IN THE LOS CONVENTION The Impact of State Practice on the Jurisdictional Framework contained in the LOS Convention The Impact of State Practice on the Jurisdictional Framework Contained in the LOS Convention: A Commentary Commentary Commentary Commentary PART FOUR STRENGTHENING THE LOS CONVENTION’S REGIME THROUGH THE ADOPTION OF IMPLEMENTING AGREEMENTS, THE PRACTICE OF INTERNATIONAL ORGANIZATIONS AND OTHER MEANS Flexibility and Innovation in the Law of the Sea – Will the LOS Convention Amendment Procedures Ever Be Used? Commentary Commentary Bibliography Index