The Development of the Law of the Sea Convention : The Role of International Courts and Tribunals

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs. Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M.L. Mcconnell, A. Serdy, K.E. Skodvin "The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century. Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS. This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation and its practical approach will capture individuals working for relevant international organisations and NGOs" Contents 4 List of contributors 6 Preface 10 List of abbreviations 11 Table of cases 13 1 General introduction • Øystein Jensen 18 2 The regime of islands • Sir Malcolm D. Evans and Reece Lewis 31 3 Revealing a mosaic: international jurisprudence concerning the non-fisheries elements of the exclusive economic zone regime • Robin Churchill 65 4 Legislative and enforcement jurisdiction of the coastal state with respect to fisheries in the exclusive economic zone • Nigel Bankes 90 5 Managing transboundary fish stocks for sustainability • Andrew Serdy 121 6 Obligations of flag states in the exclusive economic zone • Aldo Chircop 156 7 Deep seabed mining • Aline Jaeckel 185 8 ITLOS and the tale of the tenacious ‘genuine link’ • Moira L. McConnell 207 9 Hot pursuit • Knut E. Skodvin 233 10 Historic rights • Seokwoo Lee and Lowell Bautista 261 11 Reflections • Øystein Jensen 279 Index 285 "The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century"--Page 4 de la couverture