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The law of the sea

Fourth edition

By Robin Churchill, Vaughan Lowe and Amy Sander

The law of the sea
Paperback

ALSO AVAILABLE IN OTHER FORMATS:

  • eBook
  • Hardcover

Book Information

  • Format: Paperback
  • ISBN: 978-0-7190-7968-9
  • Pages: 968
  • Publisher: Manchester University Press
  • Price: £60.00
  • Published Date: April 2022
  • BIC Category: LAW / Maritime, Shipping law, LAW / General, Diplomatic Law, Law, Jurisprudence & general issues, International law, transport and commerce: maritime law, LAW / International, International Law Of Territory & Statehood, International Relations, Law, Shipping Law, International Maritime Law, Law / General
  • Series: Melland Schill Studies in International Law

Description

For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs.

The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea.

This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.

Contents

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

Authors

Robin Churchill is Emeritus Professor of International Law at the University of Dundee

Vaughan Lowe QC is Emeritus Professor of International Law at the University of Oxford

Amy Sander is a barrister at Essex Court Chambers

The law of the sea

By Robin Churchill, Vaughan Lowe, Amy Sander

Paperback £60.00 / $89.95

Hardcover £120.00 / $180.00

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