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Series Editors: James Kraska and Myron H. Nordquist

Professors Kraska and Nordquist at the Stockton Center for International Law produce selected edited volumes on Oceans Law and Policy, which explore the most important aspects of oceans law and policy. Supporting research, education, and capacity building on legal and public policy issues relating to the oceans, their engagements with scholars, government officials and international organizations promote interdisciplinary interaction to develop oceans governance at all levels, addressing international, national, regional, and state issues.
The Yearbook gives an account of the work of the Tribunal during the relevant calendar year. It presents information about the judges and the organization, jurisdiction, procedure, practice, finances and privileges and immunities of the Tribunal. A select bibliography of articles and books on the settlement of law of the sea disputes is also included.

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. 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. 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.

Author: Stefan Talmon
This book examines the South China Sea Arbitration between the Philippines and China, widely hailed as a landmark case in the law of the sea. Stefan Talmon argues that while the Tribunal assembled international lawyers of the highest repute and unrivalled experience, the case was nevertheless decided wrongly. He examines every step of the proceedings and critically engages with both the Philippines’ submissions and the Tribunal’s rulings. He finds that the Tribunal was lacking jurisdiction to decide the case, that some of the Philippines’ claims were also inadmissible, and that the Tribunal’s awards were tainted with procedural errors.
Author: Iva Parlov
In Coastal State Jurisdiction over Ships in Need of Assistance, Maritime Casualties and Shipwrecks, Iva Parlov offers a comprehensive analysis of the rights and obligations of coastal States over ships in need of assistance, maritime casualties and shipwrecks under international customary law, treaty law and other international instruments. Important regime interactions are discussed in depth, most extensively the interaction between the 1982 United Nations Convention on the Law of the Sea and regulations adopted at the International Maritime Organization, but also between conventional and customary law, public and private law. In contrast to the existing literature that mostly focuses on separate issues such as intervention, places of refuge, salvage and wreck removal, this book takes a systemic approach to consider from the coastal State’s perspective jurisdictional problems at each stage of a maritime occurrence, deteriorating into a maritime casualty and ultimately into a wreck. Particular attention is given to legal differences associated with maritime zones and the physical state of a ship. Adding a temporal scale to the analysis, the book provides an insight into the legal developments since the Torrey Canyon (1967) disaster and offers some reflections on the directions in which the tide is flowing, not least in light of the recent European Union’s proposal for amendments of the IMO Guidelines on Places of Refuge.
In: The South China Sea Arbitration
In: The South China Sea Arbitration
In: The South China Sea Arbitration
In: The South China Sea Arbitration
Author: Ellen Hey

Abstract

The Collective Arrangement, subscribed to by OSPAR and NEAFC and presented as a model by these organisations, suggests that regional seas organisations, such as OSPAR, are to act as standard setters for the conservation of marine biodiversity in areas beyond national jurisdiction (ABNJ). The model suggests that regional seas organisations and other organisations, such as NEAFC, the IMO and the ISA, then are to regulate human activities for which they are competent within these conservation standards. This article explores whether the Collective Arrangement might indeed function as a model for ocean governance in ABNJ and merits encouragement in a future BBNJ agreement. It concludes that the Collective Arrangement, as a model, raises both opportunities and challenges but that it might not be transplantable to other areas beyond national jurisdiction, given that the elements that characterise cooperation in the North-East Atlantic are not present in most other areas in ABNJ.

Open Access
In: The International Journal of Marine and Coastal Law
In: The South China Sea Arbitration