The Law of the Sea Convention

US Accession and Globalization

Series:

The Law of the Sea Convention: US Accession and Globalization, provides valuable insight into a number of contemporary and pressing issues concerning the world’s oceans and their management.

Organized into two major sections, Part l presents the findings of senior-level experts addressing the fact that the United States is not a Party to the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). Brought together on the occasion of the 34th Annual Conference of the Center for Oceans Law and Policy, University of Virginia School of Law (COLP), panels considered the impact of the lack of US participation in UNCLOS, evaluating topics such as energy and economic development, including the undersea cable industry, as well as ramifications for U.S. national security and navigational rights.

Part ll of the volume examines key trends in commercial shipping, piracy and terrorism, islands and rocks, safety and navigational freedom, marine scientific research, and emerging global oceans policy issues. Presented by a diverse group of experts, the work brings together the results of an international meeting co-sponsored by the Korea Maritime Institute, the Netherlands Institute for the Law of the Sea and COLP.

Collectively, the work included in this important volume contributes to the existing literature and will be of interest to scholars, practitioners and the policy community.

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Table of contents

Preface
Acknowledgements


University of Virginia Distinguished Lecture
The Law of the Sea and Ethical Maritime Order
in Southeast Asia
Dr. N. Hassan Wirajuda,
Former Minister for Foreign Affairs, Republic of Indonesia,
and Adhyanti S. Wirajuda Suryana


PART I:
“United States Interests in Prompt Adherence
to the Law of the Sea Convention”

Keynote Addresses

Statement on the UN Law of the Sea Convention
Hillary Rodham Clinton, US Secretary of State

US Interests in Prompt Adherence to the Law of the
Sea Convention
Lisa Murkowski, US Senator (R-Alaska)

Remarks on the Law of the Sea Treaty
Lawrence Eagleburger, Former US Secretary of State

Remarks on the UN Law of the Sea Convention
ADM Gary Roughead, Chief of Naval Operations, USN

The Sky is Falling or Is It? Dissection of the
Gulf of Mexico “Macondo” Oil Spill
Quenton Dokken President/CEO Gulf of Mexico Foundation

Panel I: UNCLOS—The Stakes for America
Ambassador Mary Beth West, Moderator

UNCLOS: the Stakes for America
Ambassador David A. Balton

UNCLOS: the Stakes for America
ADM Paul A. Yost, Jr., USCG (Ret.)

UNCLOS: the Stakes for America
Margaret F. Spring

UNCLOS: the Stakes for America
Andrew Keller

UNCLOS: the Stakes for America
Michael J. Mattler


Panel II: Energy and Economic Development
Paul L. Kelly, Moderator

Energy and Economic Development
ADM James D. Watkins, USN (Ret.)

US LOS Ratification: A Potential Resource Bonanza
for US Industry
R. Bruce Josten

Panel II PowerPoint Presentation Links:

PowerPoint:
The National Ocean Industry and the Law of the Sea Treaty
Randall Luthi

PowerPoint: Law of the Sea Resource Frontiers
Brian T. Petty
PowerPoint: Non-Living Resources of the Continental Shelf
Beyond 200 Nautical Miles: Speculations on the Implications of
Article 82 of UNCLOS
Paul L. Kelly


Panel III: Submarine Cables – Critical Infrastructure
Douglas R. Burnett, Moderator

Panel III PowerPoint Presentation Links:

PowerPoint: Submarine Cables: Critical Infrastructure
Douglas R. Burnett

PowerPoint: Undersea Cables and International Telecommunications Resiliency: Important to the Evolution of Global Financial Services
Stephen R. Malphrus

PowerPoint: Submarine Cables: Critical Infrastructure –
Cable Owners’ Perspective
Robert Wargo

PowerPoint: Submarine Cables: Critical Infrastructure –
Cable Suppliers’ Perspective
Ronald J. Rapp


Panel IV: Protecting and Enhancing US National Security
Edwin D. Williamson, Moderator

Protecting and Enhancing US National Security
VADM Bruce W. Clingan, USN

Protecting and Enhancing US National Security: The
Reality of the Operational Aspects of UNCLOS
RADM William Schachte, JAGC, USN (Ret.)

Protecting and Enhancing US National Security
RADM Nanette DeRenzi, JAGC, USN

Panel V: DEBATE: Resolved: The Senate Should Give Prompt Advice and Consent to the Law of the Sea Convention
Thomas R. Pickering, Moderator

Pro: John Norton Moore, Director, Center for Oceans Law & Policy

Con: Steven Groves, Fellow, The Heritage Foundation


PART II:
“Globalization and the Law of the Sea”


Opening Remarks
Hak-So KIM, President, Korea Maritime Institute

Keynote Addresses

Post-Crisis Global Rebalancing
Barry Bosworth, Senior Fellow, Brookings Institution

The UN’s Role in Combatting Piracy and Terrorism
at Sea
Sergey Tarasenko, Director, UN Division of
Ocean Affairs and the Law of the Sea

The Role of ITLOS in the Settlement of Law of the
Sea Disputes
José Luis Jesus, President, International Tribunal
for the Law of the Sea

Some Reflections on the First Request to the Seabed
Disputes Chamber for an Advisory Opinion
Michael W. Lodge, Legal Counsel, International Seabed Authority

Panel I: Global Trends in Commercial Shipping
Keun-Gwan LEE, Moderator

Impact of Surging Ship-owners’ Liability and
Compensation on P & I Insurance [PowerPoint only]
Beom Shik PARK

New Developments in the Arctic: Protecting the
Marine Environment from Increased Shipping
Erik Franckx and Laura Boone

Climate Change and Shipping: Problems of
Regime Compatibility
Nilufer Oral


Panel II: Piracy and Terrorism
John Norton Moore, Moderator

Maritime Terrorism and the Law of the Sea: Basic
Principles and New Challenges
Robert Beckman and Tara Davenport

Brandishing “Legal Tools” in the Fight Against
Maritime Piracy
CDR James Kraska, JAGC, USN

Predicting Piracy: Can We Anticipate the Future
of Maritime Crime?
Samuel Pyeatt Menefee


Panel III: Islands and Rocks
Alex Oude Elferink, Moderator

Islands and Rocks in the Modern Law of the Sea
David Anderson

Islands or Rocks, Is that the Real Question? The
Treatment of Islands in the Delimitation of Maritime
Boundaries
Clive Schofield

How Much Can a Rock Get? A Reflection from the Okinotorishima Rocks
Guifang (Julia) Xue


Panel IV: Safety and Navigational Freedom
Jin-Hyun PAIK, Moderator

Policing the Sea and the Proportionality Principle
Kuen-chen FU

Recent Developments in Enhancing Safe Navigation
in the Arctic
Capt. J. Ashley Roach, JAGC, USN (Ret.)

National Measures for the Safety of Navigation in
Arctic Waters: NORDREG, Article 234 and Canada
Ted L. McDorman


Panel V: Marine Scientific Research
Alfred H.A Soons, Moderator

Marine Scientific Research [PowerPoint only]
Capt. Javier Valladares (Argentina, Ret.)

Regulating Marine Scientific Research in the
European Union: It Takes More than Two to Tango:
Ronán Long

The Law and Practice Relating to Marine Scientific
Research in Northeast Asia
Ki-Jun YOU

Panel VI: Emerging Global Ocean Policy Issues
Myron H. Nordquist, Moderator

Emerging Oceans Policy Issues
VADM James W. Houck, JAGC, USN

Deepwater Horizon and the Arctic: Is There a Need
for International Regulation?
Larry Mayer, Capt. J. Ashley Roach (Ret.), and Betsy Baker


Panel VII: Commentary and Review of the Conference
Jin-Hyun PAIK, Moderator

The Particularly Sensitive Sea Area (PSSA):
History and Development
Haryo Budi Nugroho

An Overview of Two Contemporary Issues in the Law of
the Sea: Islands within the Context of Delimitation and
Combating Piracy Off the Coasts of Somalia
Teoman Uykur

Review of the Conference: Globalization and
the Law of the Sea
Fernanda Millicay

Globalization and the Law of the Sea: A Brief Overview
Vita Onwuasoanya





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