Legal Order in the World’s Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy’s 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world’s oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation—Maritime Compliance and Enforcement.
Myron H. Nordquist is the Associate Director and Editor of the Center for Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the University of Virginia School of Law. He is Editor-in-Chief of the
United Nations Convention on the Law of the Sea 1982: a Commentary, the seven-volume “Virginia Commentary” series, plus a
Supplementary Documents volume.
John Norton Moore is the Walter L. Brown Professor of Law at the University of Virginia School of Law where he directs the Center for Oceans Law and Policy. Among seven presidential appointments, he served as Chairman, NSC Interagency Task Force on the Law of the Sea; United States Ambassador and Deputy Special Representative of the President to the Law of the Sea Conference (1973-76); and was a Member of the National Advisory Committee on Oceans and Atmosphere (1984-85).
Ronán Long holds the Nippon Foundation Professorial Chair in Ocean Governance and the Law of the Sea at the World Maritime University and lectures on Ocean Governance, Law of the Sea and International Dispute Resolution and Diplomacy. He has also lectured at the Rhodes Academy of Oceans Law and Policy and is a supervisor of advanced academic research under the United Nations - The Nippon Foundation of Japan Fellowship Programme.
Table of contents
Preface Jan Eliasson Acknowledgements Introduction
Part: Featured Studies
The United Nations Convention on the Law of the Sea: One of the Greatest Achievements in the International Rule of Law John Norton Moore
Part 1: Ocean Affairs and the Law of the Sea at the
Evolutionary Character of International and European Law: Linking Sustainability with Environmental Responsibility and Marine Ecosystem Restoration under the European Union’s Ocean Governance Agenda Ronán Long 2
The Common Heritage of Mankind in the Proposed Implementing Agreement Dire Tladi 3
Update on the
Negotiations J. Ashley Roach 4
Climate Change and the Oceans: Navigating Legal Orders Karen N. Scott
Part 2: The Area and the International Seabed Authority
Exploration and Exploitation of Ocean Mineral Resources: The Role of Sponsoring States Rena Lee 6
Article 82: A Review and the Hurdles to Implementation Wylie Spicer, Q.C. and Elizabeth McIsaac 7
Fostering Technological Change for Sustainable Harvesting of Ocean Mineral Resources in a Volatile Global Environment Kris Van Nijen
Part 3: The International Tribunal for the Law of the Sea
at Twenty: Reflections on Its Contribution to Dispute Settlement and the Rule of Law at Sea Jin-Hyun Paik 9
The Seabed Disputes Chamber: Moving Forward Frida M. Armas-Pfirter 10
Maritime Boundary Disputes and Compulsory Dispute Settlement: Recent Developments and Unresolved Issues Robert Beckman and Christine Sim
Part 4: The Commission on the Limits of the Continental Shelf
Setting the Context: The Scientific Aspects of Article 76 Larry Mayer and David Mosher 12
Towards Establishing a Stable Regime for Seabed Jurisdiction: The Role of the Commission Harald Brekke 13
Revisiting the Commission on the Limits of the Continental Shelf: “A Technical Body in a Political World” Ted L. McDorman 14
Paragraph 5(a) of Annex
to the Rules of Procedure of the Commission on the Limits of the Continental Shelf: Solution to a Problem or Problem without a Solution? Alex Oude Elferink
Part 5: Sustainable Fisheries, Including UN Fish Stocks Agreement
Sustainable Fisheries: The Legal Regime of the 1995 United Nations Fish Stocks Agreement and Its Contribution to Subsequent Developments Promoting Sustainable Fisheries André Tahindro 16
Ocean Governance for Sustainable Fisheries Stefaan Depypere 17
The Importance of Marine Science in Sustainable Fisheries: The Role of the 1995
Fish Stocks Agreement Alf Håkon Hoel
Part 6: Operational Implementation: Maritime Compliance and Enforcement
Achieving Global Maritime Compliance through Regional Cooperation Admiral Charles D. Michel and Commander Scott Herman 19
Turkey’s Maritime Compliance and Enforcement of International Law of the Sea, Particularly Irregular Migration in the Aegean Sea Region Hakan Karan 20
Operating Unmanned Surface Vessels at Sea: Is International Law Ready for the Future? Anthony Morrison and Stuart Kaye 21
China’s Maritime Law Enforcement Practice in the South China Sea: Challenges and Prospects Wu Shicun
All those interested in current issues related to the Law of the Sea.