A Handbook on the New Law of the Sea, Volume 1

Editors: and
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then.
Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.

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Foreword to the English Edition. Introduction. Part I: The Sea and the Codification of Its Law. 1. The Multinational Character of the New Law of the Sea. 2. Sources of the Law of the Sea. 3. The Pardo Declaration and the Six Years of the Sea-Bed Committee. 4. The Third United Nations Conference on the Law of the Sea. Part II: The Sea and Its Partitions. 5. The Sea under National Competence. 6. The Continental Shelf Definition and Rules Applicable to Resources. 7. The High Seas. 8. The Delimitation of Marine Spaces Between States with Opposite or Adjacent Coasts. 9. Right of Access to the Sea and Freedom of Transit. 10. The Arctic and Antarctic Regions. 11. Underwater Archaeological and Historical Objects. Part III: The International Sea-Bed Area. 12. The Area as the Common Heritage of Mankind. 13. The International Sea-Bed Area. 14. The Régime for the Exploration and Exploitation of Sea-Bed Mineral Resources. 15. Institutional Arrangements. 16. Establishment of the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea.
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