The Law of the Sea in the Caribbean


A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.

Prices from (excl. shipping):

Add to Cart
The Hon Justice Mr Winston Anderson, is a Judge of the Caribbean Court of Justice (‘CCJ’) and Chairman of the CCJ Academy for Law. A former Professor of International Law, the Judge holds a Ph.D. (1988) from Cambridge University and is author of leading texts including Principles of Caribbean Environmental Law (ELI, 2012) and Caribbean Private International Law (Sweet & Maxwell, 2014).



List of Figures and Tables

1Caribbean Antecedents to unclos
 1 Introduction

 2 The Caribbean

 3 Imperialism in the Caribbean: Mare clausum and Mare Liberum

 4 The Evolution of the Territorial Sea

 5 The Hague Codification Conference 1930

 6 Unilateral Caribbean Actions

 7 The United Nations and Caribbean Conferences on the Law of the Sea
 7.1 The First United Nations Conference on the Law of the Sea (unclos i)

 7.2 The Second United Nations Conference on the Law of the Sea (unclos ii)

 7.3 Caribbean Conferences on the Law of the Sea
 7.3.1 Montevideo Conference

 7.3.2 Lima Conference

 7.3.3 Santo Domingo Conference

 7.3.4 The Third United Nations Conference on the Law of the Sea (unclos iii)

 8 Conclusion

2unclos in the Caribbean and Regional Cooperation
 1 Introduction

 2 Caribbean Acceptance of unclos

 3 Caribbean Non-Acceptance of unclos
 3.1 The 1958 Geneva Conventions

 3.2 Normative Character of unclos

 4 The Regime of Islands

 5 Co-Operation in the Caribbean Sea
 5.1 Caribbean Sea as Enclosed or Semi-Enclosed

 5.2 Co-Ordination on Living Resources of the Sea

 5.3 Co-Ordination on Protection and Preservation of the Marine Environment

 5.4 Co-Ordination of Scientific Research

 5.5 Collaboration with Interested States and International Organizations

 6 Conclusion

3Maritime Jurisdiction
 1 Introduction to Maritime Jurisdiction

 2 unclos Maritime Jurisdiction
 2.1 Internal Waters

 2.2 Archipelagos

 2.3 Territorial Sea

 2.4 Contiguous Zone

 2.5 Exclusive Economic Zone

 2.6 Continental Shelf

 2.7 Straits

 2.8 High Seas

 3 The Economic Context

 4 Conclusion

 1 Introduction

 2 Caribbean Fisheries

 3 The Regulatory Framework
 3.1 Development of International Regulation

 3.2 Bilateral Agreements

 3.3 1958 Geneva Convention on Fishing and Conservation

 3.4 unclos
 3.4.1 Management by Jurisdictional Zones

 3.4.2 Management by Species

 4 Substantive Domestic Legislative Implementation

 5 Caribbean Regulation
 5.1 1991 oecs Common Fisheries Surveillance Zone

 5.2 The Caribbean Community Common Fisheries Policy

 5.3 Ecosystems Based Management

 6 Conclusion

5Offshore Oil and Gas
 1 Introduction

 2 Legal Framework

 3 Unity of Deposits
 3.1 Agreements Having No Provision for Co-Operation

 3.2 Agreements Containing General Statement of the Obligation to Collaborate

 3.3 Agreements Specifying Classical Duty to Cooperate in Exploiting Unitary Deposits

 3.4 Comprehensive Regime Including Provisions on Apportionment

 4 Responsibility for Environmental and Occupational Health and Safety Standards

 5 Contractual Arrangements between the Host Country and Foreign Oil Company
 5.1 Concessions

 5.2 Licensing

 5.3 Production Sharing Contracts

 5.4 Service Agreements

 6 Disputes Arising from Contractual Relationship

 7 Offshore Oil and Gas Contracts and International Law
 7.1 Stabilization Clauses

 7.2 Multiplicity of Alternative Venues

 7.3 International Center for Settlement of Investment Disputes

 7.4 Public International Law as a System of Law in Private International Law

 8 Conclusion

6Marine Scientific Research
 1 Introduction
 1.1 The General Provisions Governing the Conduct of Marine Scientific Research

 1.2 International Co-Operation

 1.3 Promotion and Conduct of Marine Scientific Research

 2 Development and Transfer of Marine Technology

 3 Practical Guidance

 4 Caribbean Legislative Implementation

 5 Caribbean Marine Research Institutional Arrangements

 6 Conclusion

7Peace and Security
 1 Introduction

 2 The Right of Hot Pursuit
 2.1 Conventional Codification

 2.2 Legislative Incorporation

 2.3 Judicial Application

 3 Piracy
 3.1 unclos and the Rome Convention

 3.2 Piracy in Caribbean Legislation

 3.3 Judicial Decisions on Piracy

 4 Security

 5 Regional Security
 5.1 The Regional Security System (rss)

 5.2 caricom impacs

 5.3 consle

 6 Ship Rider Agreements

 7 Conclusion

 1 Introduction

 2 Nationality of Ships

 3 Flags of Convenience

 4 Rights of Navigation
 4.1 Right of Innocent Passage

 4.2 Right of Archipelagic Sea Lane Passage

 4.3 Right of Transit Passage

 4.4 Right to Freedom of Navigation

 5 Flag State Obligations

 6 imo Conventions on Safety of Shipping

 7 Caribbean Shipping Industry
 7.1 The Caribbean Maritime University

 8 Conclusion

 1 Introduction

 2 General Obligations
 2.1 Jurisdictional Competence
 2.1.1 Theoretical Implementation Problems

  2.1.2 Practical Implementation Problems

 2.1.3 Special Enforcement Powers: Flag State, Coastal State, Port State

 3 Pollution Emergencies
 3.1 Power of Intervention

 3.2 Duty to Warn of, and Assist in, Pollution Emergencies

 4 Compensation for Pollution Damage
 4.1 Concerns over Stability and Viability of Compensation Regime
 4.1.1 Jurisdiction

 4.1.2 Recognition and Enforcement of Judgments

 4.1.3 Applicable Law

 4.2 Rules on Treaty Interpretation

 5 Conclusions

10The Area beyond National Jurisdiction
 1 Introduction

 2 1994 Agreement Relating to Part xi

 3 The International Seabed Authority
 3.1 The Assembly

 3.2 The Council

 3.3 The Secretariat

 3.4 The Legal and Technical Commission

 3.5 The Finance Committee

 3.6 The Enterprise

 4 Decision-Making in the International Seabed Authority

 5 General Principles of the Deep Seabed Mining Regime
 5.1 All Rights in Area and Resources Are Vested in Mankind

 5.2 Conduct of States in the Area Must Promote Peace and International Co-Operation

 5.3 Reasonable Regard for Other Activities

 5.4 Responsibility to Ensure Compliance and Liability for Damage

 5.5 Transfer of Technology

 5.6 Participation of Developing Countries

 6 The System of Exploration and Exploitation

 7 National Legislation on the Deep Seabed

 8 Conclusions

 1 Introduction

 2 International Law Principles and Rules
 2.1 Baselines

 2.2 Outer Lines

 3 Agreement between the Parties

 4 Tacit Agreement between the Parties

 5 Settlement by Adjudication Based on Article 38 Sources of International Law
 5.1 The Equidistance/Relevant Circumstances/Proportionality Method
 5.1.1 Equidistance

 5.1.2 Relevant Circumstances

 5.1.3 Proportionality

 5.2 Single Maritime Boundary

 5.3 Delimitation of the Continental Shelf beyond 200 nm

 6 Conclusion

12Dispute Settlement
 1 Introduction

 2 Settlement under Bilateral, Regional, or Global Agreements
 2.1 Bilateral Agreements Procedures

 2.2 Regional Procedures
 2.2.1 Inter-American Human Rights System

 2.2.2 Caribbean Environment Programme

 2.2.3 The Caribbean Community and the Caribbean Court of Justice

 2.3 International Court of Justice

 3 Settlement Pursuant to Procedures under the Charter of the United Nations

 4 Settlement under unclos Compulsory Procedures

 5 Declarations of Acceptance of Global Procedures under unclos Part xv

 6 Litigation Pursuant to the Procedures under unclos Part xv
 6.1 International Court of Justice

 6.2 The International Tribunal for the Law of the Sea

 6.3 Annex vii Tribunal

 6.4 Annex viii Tribunal

 7 Conclusion


This book is intended for students, practitioners, foreign affairs officials, staff of international organizations, researchers and all others interested in the law of the sea in the Caribbean
  • Collapse
  • Expand