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The Work of the ILA Committee on Coastal State Jurisdiction Relating to Marine Pollution (1991-2000)
Editor: Erik Franckx
After seven years of work, the Committee on Coastal State Jurisdiction Relating to Marine Pollution of the International Law Association concluded its work by submitting its final report for discussion at the occasion of the London conference, July 25-29, 2000. This book brings together the different official reports submitted by this Committee at the 1996 Helsinki, 1998 Taipei, and 2000 London conferences, as well as some preparatory documents necessary for the correct understanding of these just-mentioned reports.
The Committee concentrated its work on vessel-source pollution and made it a central objective of its work to produce results which could facilitate the interpretation of the 1982 United Nations Convention on the Law of the Sea. During its work, it became moreover apparent that an accurate assessment of state practice proved more than once problematic either because of problems relating to interpretation or simply because the basic information was missing. For that reason, the present book contains a special section where different members of the Committee prepared detailed national reports, written according to a strict outline worked out for this purpose, in order to shed additional light on the specific issues dealt with by the Committee. Together with the conclusions arrived at by the Committee these additional national reports represent a valuable statement of the present-day status iuris questionis.
Digest and Commentaries / Répertoire et commentares
This book provides a complete overview of the jurisprudence on maritime delimitation. Each case is presented under a series of identical headings, so as simultaneously to provide the reader with a complete analysis of the individual case and a uniform measure of comparison with other cases. The headings are as follows: geographical context; submissions and arguments of the parties; specific features of the case; the judgement, broken down into its various elements; individual and dissenting opinions; and academic comment (together with a bibliography). The longest section on each case is that devoted to the judgement. The analysis of each relevant element (the role of third States, equity, equidistance, the displacement of a provisional line, islands, proportionality etc.) is presented in three ways: (1) a brief introductory part introducing, and offering a critique of, the essential features of the relevant part of the decision; (2) relevant extracts from the judgement; (3) commentaries (either brief or more developed, according to the needs of the case), that endeavour to bring out the substance of the judgement, in particular by drawing out the various consequences, making connections with previous and future cases so as to chart the development of the jurisprudence, and offering critical reflections. The book thus presents a complete panorama of the jurisprudential problems associated with maritime delimitation. The clarity and comprehensive nature of the presentation, and the quality of the commentaries, makes it an indispensable reference work for academics and for practitioners alike.
The climate and other characteristics of the polar regions have been major factors in shaping the legal regime applicable to the polar oceans. In Antarctica, states have had to grapple with the question of how to account for developments in the law of the sea, while preserving the compromise over sovereignty contained in the Antarctic Treaty. The Arctic also has presented challenges for the law of the sea, as illustrated by the continued attention given to special rules for polar shipping. The 1982 United Nations Convention on the Law of the Sea has led to substantial agreement on the legal regime of ocean spaces. The present volume explores the impact the Convention has had on the polar regions in this respect, including after its entry into force in 1994. To this end, it looks at a number of issue areas in the field of maritime delimitation (baselines, maritime zones, delimitation of maritime zones between neighboring states) and jurisdiction (environmental protection, navigation and fisheries) from a bipolar perspective. It is strongly suggested that the legal regime of the polar oceans will be further elaborated to more effectively deal with existing activities or to accommodate new activities. It is likely that the United Nations Convention on the Law of the Sea will continue to provide the basic legal framework for this exercise and that states will be careful not to unravel the delicate balance contained in it.
From a Scientific, Political and Legal Perspective
This volume collects a number of essays and articles from about twenty experts in various fields connected to marine environmental issues. These essays were first presented at the XXVIII Pacem in Maribus Conference held in December 2000, at the International Tribunal of the Law of the Sea in Hamburg, Germany. The purpose of the Conference was to enhance awareness of the European public, governments, the private sector and academia about the importance of responsible ocean and coastal management based on ocean science. Reflecting the innovative interdisciplinary approach of the conference, these volume groups contributors from leading biologists, political scientists, geographers, and jurists according to specific regional relevance and not along strict disciplinary lines. This approach allows the experts to treat marine issues concerning regions such as the North Sea, the Baltic Sea, or the Black Sea in a comprehensive manner.
This collection could become an essential instrument for scholars and scientists working within the field of marine environmental issues.
The Operation and Status of Research Vessels and Other Platforms in International Law
The present analysis examines the legal framework for marine scientific research with a focus on research platforms. Oceanographers find themselves faced with a complex set of provisions governing their activities not only in waters of foreign jurisdiction. As the riches of the oceans have become known to decision-makers in coastal States, international action has set the course for an ever tighter regulation of the sea uses.
Part XIII is analysed with respect to the remaining freedoms of research. In addition, the book provides an overview of air and space law relevant to research activities, and their relationship with the 1982 LOS Convention. Other international instruments are analysed for their significance in the context of customary law. Examination of possible safeguards for research activities contained in Part XIII and XV (dispute settlement) complements the legal analysis of the 1982 LOS Convention.
Mutual trust and co-operation within regional organizations are, in conclusion, the most promising avenues for a more favourable research climate.
The book addresses a legal and scientific audience, which, at a practical or academic level, deals with the law of the sea at large and the regime of marine scientific research in particular.
Editors: Daniel Vignes and R.J. Dupuy
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.
An Analysis of Vietnamese Behavior within the Emerging International Oceans Regime
The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability.
This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.
Editors: R.J. Dupuy and Daniel Vignes
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.
The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea.
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The MOX Plant Case (Ireland v. United Kingdom), Provisional Measures. The documents are reproduced in their original language.
The Tribunal delivered its Order on 3 December 2001. It is published in Reports of Judgments, Advisory Opinions and Orders 2001 (ITLOS Reports 2001).

Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer.
Le présent volume contient le texte des pièces de procédures écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’ Affaire de l’usine MOX (Irlande c. Royaume-Uni), mesures conservatoires. Les documents sont reproduits dans la langue originale utilisée.
Le Tribunal a rendu son ordonnance le 3 décembre 2001. L’ordonnance est publié dans Recueil des arrêts, avis consultatifs et ordonnances 2001 (TIDM Recueil 2001).
The International Tribunal for the Law of the Sea is an international court with competence to settle disputes concerning the law of the sea. It is a central forum for the settlement of disputes relating to the interpretation and application of the United Nations Convention on the Law of the Sea.
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings in The “Volga” Case (Russian Federation v. Australia), Prompt Release. The documents are reproduced in their original language.
The Tribunal delivered its Judgment on 2 December 2002. It is published in Reports of Judgments, Advisory Opinions and Orders 2002 (ITLOS Reports 2002).

Le Tribunal international du droit de la mer est une juridiction internationale qui a compétence en matière de règlement des différends relatifs au droit de la mer. Il est une instance centrale pour le règlement des différends relatifs à l’interprétation et à l’application de la Convention des Nations Unies sur le droit de la mer.
Le présent volume contient le texte des pièces de procédures écrite, des procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure dans l’Affaire du « Volga » (Fédération de Russie c. Australie), prompte mainlevée. Les documents sont reproduits dans la langue originale utilisée.

Le Tribunal a rendu son arrêt le 2 décembre 2002. L’arrêt est publié dans Recueil des arrêts, avis consultatifs et ordonnances 2002 (TIDM Recueil 2002).