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Louis B. Sohn, John Noyes, Erik Franckx and Kristen Juras

A special course adoption price is available for an order of six or more copies from a university bookstore. Contact sales-us@brill.com or sales-nl@brill.com to learn more.

This second edition of Cases and Materials on the Law of the Sea has been updated to address significant developments that have occurred in the law of the sea since the publication of the first edition in 2004. The text compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics while placing those issues in the broader context of international law and international legal process. The book incorporates relevant historical materials alongside materials addressing more recent topics, such as port security, the depletion of fish stocks, and the operation of new international institutions. Extensive notes and discussion questions engage readers and enhance their understanding of the materials.

Peaceful Order in the World's Oceans

Essays in Honor of Satya N. Nandan

Edited by Michael Lodge and Myron H. Nordquist

No individual has contributed more to the stability and peaceful order in the world’s oceans in the last four decades than Satya N. Nandan. Peaceful Order in the World’s Oceans, edited by Michael W. Lodge and Myron H. Nordquist, collects original and substantive essays in his honor from eminent figures from around the world.

The volume is organized into four parts. With contributions from leading statesmen and women, the first section focuses on Ambassador Nandan's unique talents and accomplishments as a diplomat. Next, a series of essays examines Nandan’s pivotal involvement in framing The United Nations Convention on the Law of the Sea and provides original topical contributions on baselines, offshore drilling and delimitation of the continental shelf. Contributions related to deep seabed mining, the establishment of the International Seabed Authority and marine scientific research are included in the third part and finally, chapters devoted to international fisheries, issues of sustainability, conservation and management are offered.

Peaceful Order in the World’s Oceans will be of great interest to all those concerned with the Law of the Sea.


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Edited by ITLOS

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal.
The Yearbook - Annuaire will give lawyers, scholars, students as well as the general public access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2012. The Yearbook is prepared by the Registry of the Tribunal. Until 2007, it was published in two separate volumes, English (Yearbook) and French (Annuaire). Since 2008, the Yearbook - Annuaire is published as a bilingual volume.

Le Tribunal international du droit de la mer est un organe judiciaire indépendant, créé par la Convention des Nations Unies sur le droit de la mer, pour connaître des différends relatifs à l’interprétation et l’application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention. Il est également ouvert à des entités autres que les Etats Parties (Etats et organisations internationales non parties à la Convention et personnes physiques et morales) dans les cas prévus par la Convention ou par d’autres accords conférant compétence au Tribunal.
Le Yearbook - Annuaire met à la disposition des juristes, des universitaires, des étudiants, ainsi que du public dans son ensemble, les informations essentielles concernant la compétence, la procédure et l’organisation du Tribunal, ainsi que la composition et les activités de celui-ci au cours de l’année 2012. L’Annuaire est rédigé par le Greffe du Tribunal. Jusqu’à l’année 2007, il était publié sous la forme de deux volumes séparés, en anglais (Yearbook) et en français (Annuaire). Depuis 2008, le Yearbook - Annuaire est publié sous la forme d’un volume bilingue.

Navigating Straits

Challenges for International Law

Edited by David D. Caron and Nilufer Oral

The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third United Nations Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new “transit passage” regime. Although over thirty years have passed since the adoption of the 1982 United Nations Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment.

In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection. All readers interested in international and law of the sea will find this seminal volume of interest.

Marine Protected Areas Network in the South China Sea

Charting a Course for Future Cooperation

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Vu Hai Dang

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment.

Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.

Edited by Clive H. Schofield, Seokwoo Lee and Moon-Sang Kwon

The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.

Submarine Cables

The Handbook of Law and Policy

Edited by Douglas R. Burnett, Robert Beckman and Tara M. Davenport

Submarine fiber optic cables are critical communications infrastructure for States around the world. They are laid on the seabed, are often no bigger than a garden hose, and transmit immense amounts of data across oceans. These cables are the backbone of the internet and phone services and underpin core State interests, such as the finance sector, shipping, commerce and banking industries. Without the capacity to transmit and receive data via submarine cables, the economic security of States would be severely compromised. Despite the fact that 95 per cent of all data and telecommunications between States are transmitted via submarine cables, there is little understanding of how these cables operate. As a result some States have developed policies and laws that undermine the integrity of international telecommunications systems. Submarine Cables: The Handbook of Law and Policy provides a one-stop-shop of essential information relating to the international governance of submarine cables. The Handbook is a unique collaboration between international lawyers and experts from the submarine cable industry. It provides a practical insight into the law and policy issues that affect the protection of submarine cables, as well as the laying, maintenance and operation of such cables. In addition, the law and policy issues in relation to other special purpose cables, such as power cables, marine scientific research cables, military cables, and offshore energy cables, are also addressed.

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Maria Fogdestam Agius

In Interaction and Delimitation of International Legal Orders, the author describes how actions of international dispute settlement bodies set up within institutionalized treaty regimes contribute to the establishment of autonomous international legal orders. Based on examples from the WTO, the EU, the law of the sea and international environmental law, the book presents a typology of uses of legal norms and principles that are extrinsic in the sense that they derive not from the regime, but from general public international law, other treaty regimes, or the jurisprudence from courts operating in other fields. The investigation contradicts assertions that international courts will contribute to systemic integration and offers reflections on repercussions for the legitimacy of international norms and institutions.

Towards an International Law of Co-progressiveness, Part II

Membership, Leadership and Responsibility

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Sienho Yee

Expanding upon the normative position of co-progressiveness elaborated in Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.

Energy from the Sea

An International Law Perspective on Ocean Energy

Edited by Nigel Bankes and Seline Trevisanut

One of the main challenges of our time is to be able to guarantee energy supply at a reasonable price. Policy makers, international institutions and the private sector increasingly look to the oceans as a significant source of energy. The Law of the Sea provides the legal framework within which any maritime activity is performed and strikes a balance between the multiple activities that can take place simultaneously in the same maritime zone. This volume addresses some of the main legal challenges raised by the expansion of the ocean energy sector and its consequences for the relevant international normative and institutional framework. Some of the major themes explored include energy sources and the competition for marine space, energy security, private actors and corporate social responsibility, fragmentation or integration, evolution and reinforcement of international law and liability.