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The Development of the Law of the Sea Convention

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The Development of the Law of the Sea Convention

The Role of International Courts and Tribunals

9781839104251 Edward Elgar Publishing
Edited by Øystein Jensen, Senior Research Fellow, the Fridtjof Nansen Institute, Norway and Associate Professor of Law, University of South-Eastern Norway
Publication Date: August 2020 ISBN: 978 1 83910 425 1 Extent: 296 pp
The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

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Critical Acclaim
Contributors
Contents
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The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

Exploring the most pressing issues and recent developments concerning the oceans, leading authors discuss the influence of jurisprudence in fields ranging from fisheries to navigation and deep seabed mining, paying particular attention to the impact of dispute settlement in the law of the sea. While many questions remain unresolved, the specific case studies in this book show that courts and tribunals have made significant contributions to key legal concepts, as well as filling regulatory gaps left by UNCLOS.
 
This authoritative and timely work will be of great interest to students and scholars working in public international law, and most particularly law of the sea. Its attention to statute will greatly benefit practitioners including judges, counsels and consultants in international litigation, and its practical approach will capture individuals working for relevant international organizations and NGOs.
Critical Acclaim
‘The contribution of international courts to aspects of the law of the sea other than maritime delimitation is rarely studied. The present volume fills this lacuna, illustrating how judges and arbitrators have shaped the law and interpreted often ambiguous provisions of UNCLOS in important and controversial fields such as fisheries, islands, deep seabed mining, the “genuine link”, hot pursuit, and historic rights. This fine work by an international team of experts throws light on topical issues of the law of the sea and on the role of international judges and arbitrators.’
– Tullio Treves, Former Judge, The International Tribunal for the Law of the Sea
Contributors
Contributors include: N. Bankes, L. Bautista, A. Chircop, R. Churchill, M.D. Evans, A. Jaeckel, Ø. Jensen, S. Lee, R. Lewis, M. Mcconnell, A. Serdy, K.E. Skodvin
Contents
Contents:

Preface

1. General Introduction
Øystein Jensen

2. The Regime Of Islands
Sir Malcolm D. Evans And Reece Lewis

3. Revealing A Mosaic: International Jurisprudence Concerning The Non-Fisheries Elements Of The Eez Regime
Robin Churchill

4. Legislative And Enforcement Jurisdiction Of The Coastal State With Respect To Fisheries In The Exclusive Economic Zone
Nigel Bankes

5. Managing Transboundary Fish Stocks For Sustainability
Andrew Serdy

6. Obligations Of Flag States In The Exclusive Economic Zone
Aldo Chircop

7. Deep Seabed Mining
Aline Jaeckel

8. Itlos And The Tale Of The Tenacious ‘Genuine Link’
Moira Mcconnell

9. Hot Pursuit
Knut E. Skodvin

10. Historic Rights
Seokwoo Lee And Lowell Bautista

11. Reflections
Øystein Jensen

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 83910 426 8
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