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The law of the sea

Fourth edition

By Robin Churchill, Vaughan Lowe and Amy Sander

The law of the sea
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  • ISBN: 9781526164803
  • Publish Date: May 2022
  • Publisher: Manchester University Press
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  • Price: £60.00
  • ISBN: 9780719079689
  • Publish Date: Apr 2022
  • Publisher: Manchester University Press
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  • ISBN: 9781526116291
  • Publish Date: May 2022
  • Publisher: Manchester University Press
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    Book Information

    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.

    This book is relevant to United Nations Sustainable Development Goal 14, Life below water

    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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