Selected Contemporary Issues in the Law of the Sea

Series:

Drawing on papers presented at Trinity College, Dublin, in 2010, Selected Contemporary Issues in the Law of the Sea provides a cohesive discussion on various challenges involved with the law of the sea. International experts cover topics such as straight baselines, high seas/EEZ jurisdiction, the definition of, and jurisdiction over, piracy and submissions to the CLCS relating to outer continental shelf claims in disputed areas.

In addition, Selected Contemporary Issues in the Law of the Sea delves into topics seemingly neglected in contemporary literature. The permissible use of artificial constructions as basepoints is discussed, for example, as are human rights issues involved in boarding non-flag ships; and in the context of piracy, issues such as the Japanese and NGO (Greenpeace) attitudes to current interventions (so-called ‘eco-piracy’) by NGO ships to prevent Japanese whaling activities in Antarctic waters.
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Biographical Note

Clive R. Symmons, Ph.D. is Research Associate in the School of Law, Trinity College, Dublin, and Adjunct Professor, Marine Law and Ocean Policy Centre, University College, Galway. He has published extensively on law of the sea issues, including his latest book Historic Waters in the Law of the Sea (Nijhoff, 2008).

Table of contents

Part I. Certain Legal Questions Relating to Straight Baselines and ‘Non-Natural Basepoints’ in the Law of the Sea

1. An Attempt to Unravel Charting and Publicity Requirements Imposed by UNCLO Article 16, Michael W. Reed
2. Problems relating to the Drawing of Baselines to Close Shared Internal Maritime Waters, Tullio Scovazzi
3. Problems Relating to Non-Natural and Man-made Basepoints under UNCLOS, Chris Carleton

Part II. Problems of Exercise of Jurisdiction in International Waters, including Human Rights Considerations and Conflicting Uses of the EEZ and Residual High Sea Freedoms

4. Jurisdictional Problems relating to Non-Flag State Boarding of Suspect Ships in International Waters: A Practitioner’s Observations, Neil Brown
5. Human Rights Issues and Non-Flag State Boarding of Ships in International Waters, Douglas Guilfoyle
6. Coastal State Jurisdiction and High Seas Freedoms in the EEZ in the Light of the Saiga Case, David Anderson

Part III. Jurisdictional and Definitional Problems Relating to the Law of Piracy Jure Gentium in the 21st Century

7. General Problematic Issues on Exercise of Jurisdiction over Modern Instances of Piracy, J. Ashley Roach
8. Recent Legal Issues and Problems relating to Acts of Piracy off Somalia, Andrew Murdoch
9. Use of the Law of Piracy to Deal with Violent Inter-Vessel Incidents at Sea beyond the 12-mile Limit: the Irish Experience, Clive R. Symmons
10. So-Called ‘Eco-Piracy’ and Interventions by NGOs to Protest against Scientific Research Whaling on the High Seas: an Evaluation of the Japanese Position, Atsuko Kanehara
11. Peaceful Protests Against Whaling on the High Seas – a Human Rights-Based Approach from Greenpeace International, Jasper Teulings

Part IV. Outer Limits of the Continental Shelf: Recent Practice and Potential Problems Relating to Submissions to the CLCS in Instances where Regional Maritime/Land Boundary Disputes Exist or Third State Representations are Made to the CLCS; or where Differences Arise between the CLCS and a Submitting State

12. Causes, Consequences and Solutions relating to the Absence of Final and Binding Limits of the Continental Shelf, Alex Oude Elferink
13. Problems Arising from Submissions to the CLCS concerning Disputed Areas: A Selective Survey of State Practice to Date, Robert Volterra
14. Third-Party Reactions to Continental Shelf Submissions, and Their Treatment by the Commission on the Limits of the Continental Shelf, Ron Macnab
15. Legal Problems relating to Differences Arising between Recommendations of the CLCS and the Submission of a Particular State, Bjorn Kunoy

Readership

Law of the sea institutes, law of the sea academics and researchers, academic libraries, foreign ministries and legal advisories, and maritime government departments.

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