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Making the Law of the Sea
A Study in the Development of International Law
By: James Harrison
Hardcover | 14 April 2011
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340 Pages
22.86 x 15.24 x 2.06
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Industry Reviews
'... [this book] should command the attention of a wide audience, including students and scholars studying the law of the sea, the law of international institutions, the law of treaties, and international law in general.' Yoshifumi Tanaka, Netherlands International Law Review
Acknowledgements | p. x |
Table of treaties | p. xi |
Table of cases | p. xiv |
Abbreviations | p. xvi |
Making the modern law of the sea: challenges and opportunities | p. 1 |
The challenges of international law-making | p. 1 |
Treaties as law-making instruments | p. 3 |
International institutions and customary international law | p. 13 |
The development of the law of the sea through international institutions | p. 23 |
The United Nations Convention on the Law of the Sea | p. 27 |
Introduction | p. 27 |
Early attempts at the codification of the law of the sea | p. 28 |
The origins of codification | p. 28 |
Codification of the law of the sea by the League of Nations | p. 29 |
The First and Second United Nations Conferences on the Law of the Sea | p. 31 |
The Third United Nations Conference on the Law of the Sea | p. 37 |
Convening of the Third United Nations Conference on the Law of the Sea | p. 37 |
Decision-making procedures at the Third United Nations Conference on the Law of the Sea | p. 40 |
The package deal | p. 44 |
Adoption of the Law of the Sea Convention | p. 46 |
The Law of the Sea Convention | p. 48 |
An overview of the Law of the Sea Convention | p. 48 |
The impact of the Law of the Sea Convention on international law | p. 51 |
Conclusion | p. 59 |
Amendment and modification of the Law of the Sea Convention by the States Parties | p. 62 |
Introduction | p. 62 |
Amendment of the Law of the Sea Convention | p. 64 |
Introduction to the amendment procedures | p. 64 |
The general amendment procedure | p. 65 |
The simplified amendment procedure | p. 67 |
The entry into force of amendments | p. 68 |
Law-making by the Meeting of the States Parties | p. 70 |
Functions of the Meeting of the States Parties | p. 70 |
Decision-making powers of the Meeting of the States Parties | p. 75 |
Treaty-making by the Meeting of the States Parties | p. 82 |
Conclusion | p. 84 |
Implementing agreements | p. 85 |
Introduction | p. 85 |
The Part XI Agreement | p. 86 |
Negotiation of the Part XI Agreement | p. 86 |
The relationship between the Part XI Agreement and the Law of the Sea Convention | p. 90 |
Legal impact of the Part XI Agreement | p. 93 |
The Fish Stocks Agreement | p. 99 |
Negotiation of the Fish Stocks Agreement | p. 99 |
The relationship between the Fish Stocks Agreement and the Law of the Sea Convention | p. 103 |
Legal impact of the Fish Stocks Agreement | p. 106 |
Conclusion | p. 113 |
Developments in the deep seabed mining regime | p. 115 |
Marine minerals and the International Seabed Area | p. 115 |
The International Seabed Authority | p. 116 |
The adoption of rules and regulations by the International Seabed Authority | p. 122 |
Powers of the International Seabed Authority | p. 122 |
Decision-making procedures of the International Seabed Authority | p. 124 |
Participation in the decision-making process | p. 128 |
Formal amendment of the deep seabed mining regime | p. 131 |
The regulatory regime for polymetallic nodules | p. 135 |
Regulations on prospecting and exploring for polymetallic nodules | p. 135 |
Recommendations of the Authority | p. 140 |
The regulatory regime for polymetallic sulphides and cobalt-rich crusts | p. 142 |
Dispute settlement and the deep seabed regime | p. 147 |
Conclusion | p. 151 |
The International Maritime Organization and the international regulation of shipping | p. 154 |
The international regulation of shipping | p. 154 |
Status and membership of the International Maritime Organization | p. 155 |
Standard-setting by the International Maritime Organization | p. 158 |
Treaty standards | p. 158 |
Review and amendment of treaties and technical standards | p. 160 |
Nonbinding instruments | p. 164 |
The incorporation of shipping standards into the Law of the Sea Convention | p. 165 |
Rules of reference | p. 165 |
Flag state jurisdiction and rules of reference | p. 166 |
Coastal state jurisdiction and rules of reference | p. 168 |
ôGenerally accepted international standardsö | p. 171 |
Traffic measures and the role of the International Maritime Organization | p. 179 |
The approval role of the International Maritime Organization | p. 179 |
Navigational measures in international straits | p. 181 |
The adoption of sea lanes in archipelagic waters | p. 183 |
Mandatory navigational measures in the Exclusive Economic Zone | p. 186 |
Decision-making under the approval procedures | p. 189 |
Innovative navigational measures and the law-making role of the International Maritime Organization | p. 190 |
Conclusion | p. 196 |
The contribution of the Food and Agriculture Organization to international fisheries law | p. 200 |
Introduction | p. 200 |
The United Nations General Assembly and fisheries | p. 201 |
The Food and Agriculture Organization and fisheries | p. 204 |
Fisheries instruments adopted by the Food and Agriculture Organization | p. 208 |
1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas | p. 208 |
Code of Conduct on Responsible Fisheries | p. 213 |
2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing | p. 221 |
Fisheries instruments and rules of reference in the Law of the Sea Convention and the Fish Stocks Agreement | p. 224 |
Cooperation between the Food and Agriculture Organization and regional fisheries bodies | p. 226 |
Conclusion | p. 234 |
Cooperation, coordination and conflict between international institutions | p. 237 |
The problem of fragmentation in international law-making | p. 237 |
Vertical coordination of international law-making activities | p. 243 |
Coordination through the United Nations | p. 243 |
Powers under the United Nations Charter and relationship agreements | p. 244 |
Coordination by the United Nations in the law of the sea | p. 247 |
Horizontal cooperation and coordination between international institutions | p. 257 |
Introduction | p. 257 |
Overlap between the activities of the International Maritime Organization and the International Labour Organization | p. 258 |
Relationship Agreement between the International Maritime Organization and the International Labour Organization | p. 259 |
Joint Working Group on Liability and Compensation Regarding Claims for Death, Personal Injury and Abandonment of Seafarers | p. 261 |
Joint Working Group on Ship Scrapping | p. 263 |
Solving conflicts in the applicable law | p. 268 |
Conclusion | p. 275 |
Conclusion | p. 278 |
Developing the law of the sea regime through institutions | p. 278 |
Participation and inclusivity in law-making | p. 280 |
The importance of consensus | p. 284 |
Promoting coherence in the law of the sea | p. 289 |
Bibliography | p. 293 |
Index | p. 305 |
Table of Contents provided by Ingram. All Rights Reserved. |
ISBN: 9780521198172
ISBN-10: 0521198178
Series: Cambridge Studies in International and Comparative Law
Published: 14th April 2011
Format: Hardcover
Language: English
Number of Pages: 340
Audience: Professional and Scholarly
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24 x 2.06
Weight (kg): 0.66
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