Reflections on the contemporary law of the sea

Author(s)

Bibliographic Information

Reflections on the contemporary law of the sea

by Helmut Tuerk

(Publications on ocean development / general editor, Shigeru Oda, v. 71)

Martinus Nijhoff, 2012

  • : hardback

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Note

Includes bibliographical references (p. [187]-201) and index

Description and Table of Contents

Description

"Reflections on the Contemporary Law of the Sea" describes the development and the present state of this important field of international law, particularly in light of the 1982 United Nations Convention on the Law of the Sea, while also drawing attention to some of the current problems facing the international community. Specifically, the book deals with the principle of the common heritage of mankind, the situation of landlocked States, the resurgence of piracy, terrorism at sea, the role of the International Tribunal for the Law of the Sea and the waning freedom of the seas. It provides new insights on certain aspects of these topics and is of interest for the entire law of the sea community, including law students in particular.

Table of Contents

I. INTRODUCTION II. THE DEVELOPMENT OF THE MODERN LAW OF THE SEA A. The Historic Evolution of the Law of the Sea B. The Twentieth Century Challenge to the Freedom of the Seas C. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) D. The Extension of Coastal State Sovereignty and Jurisdiction III. THE PRINCIPLE OF THE COMMON HERITAGE OF MANKIND A. The Evolution of the Concept B. UNCLOS and the Common Heritage of Mankind C. The 1994 "Implementation Agreement" to Part XI of UNCLOS D. The Current State of the Principle of the Common Heritage of Mankind IV. THE LANDLOCKED STATES AND THE LAW OF THE SEA A. Landlocked States and Maritimes Uses B. The Historic Evolution of the Maritime Rights of Landlocked States C. The 1958 Geneva Conventions on the Law of the Sea D. The 1965 Convention on Transit Trade of Landlocked States E. The Third United Nations Conference on the Law of the Sea F. UNCLOS and the Landlocked States G. Developments since the adoption of UNCLOS V. THE RESURGENCE OF PIRACY A. The Present Situation B. The History of Piracy C. The Definition of Piracy D. Universal Jurisdiction E. The Repression of Piracy F. Measures against Somali Piracy G. Current Legal Problems H. Outlook VI. TERRORISM AT SEA A. The Legal Response to Terrorism at Sea B. The 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) and Protocol C. The Updating of the SUA Convention and Protocol D. The Protocols of 2005 to the SUA Convention and Protocol E. The SUA Convention and Piracy F. Current Situation VII. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS) A. UNCLOS and the Settlement of Disputes B. Composition and Structure of ITLOS C. The Jurisdiction of ITLOS D. The Jurisprudence of ITLOS 1. Provisional Measures 2. Prompt Release of Vessels and Crews 3. Cases relating to the Merits 4. Advisory Opinion E. Assessment VIII. THE WANING FREEDOM OF THE SEAS A. The "Territorial Temptation" of Coastal States B. Limitations to the Freedom of Navigation C. The Restricted Freedom of High Seas Fishing IX. Conclusion BIBLIOGRAPHY INDEX

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Details

  • NCID
    BB08282712
  • ISBN
    • 9789004212572
  • LCCN
    2011037340
  • Country Code
    ne
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Leiden
  • Pages/Volumes
    viii, 211 p.
  • Size
    25 cm
  • Classification
  • Subject Headings
  • Parent Bibliography ID
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