The 1982 United Nations Convention on the Law of the Sea created a new framework for the conduct of maritime affairs. The Convention remains a shining example of international cooperation, diplomacy and the role of international law in the regulation of international affairs and oceans management. The institutions established under the Convention, which entered into force in 1994, are now all operating and the way they are fulfilling their tasks under the Convention is taking shape. Chapters throughout this book assess the roles and impact upon oceans management of the International Tribunal for the Law of the Sea, the International Sea-Bed Authority, the Commission on the Limits of the Continental Shelf, and the Convention's Meeting of States Parties.
Institutions outside the Convention's framework are also assessed, including the International Maritime Organization in respect of the regime for archipelagic sea lanes and international straits, the Food and Agriculture Organization and regional fisheries organizations, and the United Nations General Assembly as concerns its coordinating role in the field of oceans and law of the sea. In the evolving area of oceans management, the way in which global and regional institutions have been involved in implementing the Convention on the Law of the Sea raises both questions concerning the interpretation of the Convention's substantive provisions and how these various institutions interact. The impetus to resolve these and other challenges in the law of the sea and oceans management will ensure the law of the sea's continuing evolution in the years ahead.
Preface, Contributors, Abbreviations, List of Arbitrations, Cases and Judgments List of Conventions, Treaties and Other International Instruments List of Figures.
Chapter 1 Oceans Management Challenges for the Law of the Sea in the First Decade of the 21st Century, Ivan Shearer, Chapter 2 The Regulation of Maritime Traffic in Straits Used for International Navigation, Mary George, Chapter 3 Barely Skimming the Surface: Archipelagic Sea Lanes Navigation and the IMO, Jay L. Batongbacal, Chapter 4 Regional Fisheries Management Organizations: Issues of Participation, Allocation and Unregulated Fishing, Erik Jaap Molenaar, Chapter 5 IUU Fishing: Contemporary Practice, Marcus Haward, Chapter 6 The Continental Shelf beyond 200 Nautical Miles: The Relationship between the CLCS and Third Party Dispute Settlement, Alex G. Oude Elferink, Chapter 7 The Role of the International Court of Justice in Maritime Boundary Delimitation, Robin R. Churchill, Chapter 8 Negotiation and Dispute Resolution: A Case Study in International Boundary Making - The Australia- Indonesia Boundary, Stuart Kaye, Chapter 9 Giving Teeth to the Environmental Obligations in the LOS Convention, Jon M. Van Dyke, Chapter 10 Role of Regional Organizations in Meeting LOS Convention Challenges: The Western and Central Pacific Experience Martin Tsamenyi and Lara Manarangi-Trott, Chapter 11 Dispute Resolution and the Law of the Sea: Reconciling the Interaction between the LOS Convention and Other Environmental Instruments, Donald R. Rothwell and Tim Stephens, Chapter 12 Technical Considerations in Law of the Sea Dispute Resolution, Clive Schofield and Chris Carleton, Chapter 13 Compulsory Dispute Settlement after the Southern Bluefin Tuna Award, Bill Mansfield, Chapter 14 Prompt Release of Fishing Vessels: State Practice in the Light of the Cases before the International Tribunal for the Law of the Sea, Andrew Serdy and Michael Bliss, Chapter 15 Reviewing the Implementation of the LOS Convention: the Role of the United Nations General Assembly and the Meeting of States Parties, Alex G. Oude Elferink, Chapter 16 The Contribution of the LOS Convention Organizations to its Harmonious Implementation, Shirley V. Scott, Chapter 17 Oceans Management and the Law of the Sea in the Twenty-First Century, Donald R. Rothwell, Bibliography.
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