Compiled by the United Nations Office of Legal Affairs, this bibliography covers 20 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Convention on the Law in the Sea

The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

Alex G. Oude Elferink's detailed analysis of the negotiations between Denmark, Germany and The Netherlands concerning the delimitation of their continental shelf in the North Sea makes use of the full range of government archives in these three States. He looks at the role of international law in policy formulation and negotiations, and explores the legal context, political considerations and, in particular, oil interests which fed into these processes. He also explains why the parties decided to submit their disputes to the International Court of Justice and looks at the preparation of their pleadings and litigation strategy before the Court. The analysis shows how Denmark and The Netherlands were able to avoid the full impact of the implications of the Court's judgment by sidestepping legal arguments and insisting instead on political considerations.

Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance. The book contains: historical references regarding the establishment of General Average from Roman Law onwards; details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development: the Glasgow Resolutions of 1860; the York rules of 1864; and the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016; a detailed analysis of the York-Antwerp Rules 2016; CMI Guidelines relating to General Average; general average security; general average absorption clauses; and new to this edition: insurance of average disbursements.

Several disturbing issues pose a threat to the marine environment and its wellbeing, among them marine environmental pollution and degradation of marine biodiversity. Most troubling is that these issues are overwhelmingly caused by human activities which are sometimes transboundary, and their consequences will become more severe and complicated if not properly curbed. Thus, these activities require comprehensive policies, laws, and principles to manage them effectively. Linked to these solutions is the need for responsibilities, cooperation and commitments at local, national, regional and international levels.

Contemporary Marine Environmental Law and Policy presents a thorough appraisal of the main issues, actors and institutions engaged in the legal aspects of marine environmental conservation. With contributions from an international range of authors, the book provides a concise account of the legal and policy framework underlying international marine environmental issues, and of the fundamental concepts and strategies that are important to the protection of the marine environment. Some of the topics explored include: the prevention of marine pollution caused by land based activities, ships, and offshore hydrocarbon and mineral resources exploration; the conservation and management of marine living resources; the marine environment in the polar regions; and the settlement of marine environmental disputes.

This book provides a solid foundation for anyone studying International Environmental Law and the Law of the Sea. It will also appeal to anyone seeking to gain a deeper understanding of this hugely important subject.

Table of Contents

Notes on the contributors

Acknowledgements

PART I

Introduction and general framework for the international marine environmental law

1 Contemporary issues in the protection and conservation of the marine environment: an overview

Sandya Nishanthi Gunasekara and Md Saiful Karim

2 Ocean governance and marine environmental conservation: concepts, principles and institutions

Abul Hasanat and Md Saiful Karim

PART II

Prevention of marine pollution

3 Prevention, reduction and control of marine pollution from land-based sources and activities

Daud Hassan and Stan Palassis

4 Prevention, reduction and control of marine pollution from ships

Mahatab Uddin and Md Saiful Karim

5 Control and prevention of marine pollution from offshore hydrocarbon and mineral resources exploration and production activities

Hossein Esmaeili

6 Climate change, ocean acidification and the marine environment: challenges for the international legal regime

Tavis Potts

7 Marine spatial planning and the new frontiers of marine governance

Niko Soininen and Daud Hassan

PART III

Conservation and management of marine living resources

8 Conservation of marine living resources and fisheries management

Daud Hassan and Emdadul Haque

9 Marine protected areas: contemporary challenges and developments

Erika Techera

10 Recognition of Indigenous rights in governance of marine protected areas: applying international law and Australian experiences

Donna Craig

PART IV

Polar regions

11 Protection of the Antarctic marine environment: dimensions, relationships and fields

Tuomas Kuokkanen

12 Protection of the arctic marine environment

Timo Koivurova and Nengye Liu

PART V

Settlement of disputes and conclusions 223

13 Contemporary marine environmental disputes

Daud Hassan and Beatriz Garcia

14 Future of international marine environmental law and policy: concluding remarks

Daud Hassan and Asraful Alam

Index /

In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of State practice.

The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world"s largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

The crossing of the Northwest Passage in August 1985 by a US icebreaker, without requesting authorisation, raised the whole question of Canada's sovereignty over the waters of its Arctic Archipelago. Given this controversy and the existence of similar situations in other parts of the world, this book presents an examination of the international legal validity of Canada's claim by an in-depth study of three possible bases in international law: the sector theory, the doctrine of historic waters and the Straight baseline system. This work is the second of a series of monographs arising from the Canadian Northern Waters Project of the Dalhousie Ocean Studies Programme, It draws on examples from other parts of the world, and, as such it will have relevance beyond the development of the Canadian Arctic. Professor Pharand is a recognised authority in this field. His earlier book, The Law of the Sea of the Arctic is still one of the standard reference works in the area, but with changes in the general law of the sea, this monograph presents a timely reappraisal of the relevant legal theories and practices.

The maritime sector is dynamic and volatile, creating the need for continuous monitoring of the latest developments and their effects on the organisation, management and strategies of shipping companies. This book analyses the business environment of these companies and the approaches they adopt in organising and managing their activities. Management of Shipping Companies aims to facilitate the learning and understanding of the fascinating world of shipping business. It examines the organisation and management of companies which manage ocean-going ships, emphasising the special characteristics of the industry and the framework created by these. This textbook offers a detailed account of the companies' processes and functions, the structural and contextual dimensions of their organisation, as well as an analysis of human resources, safety management and the outsourcing of shipping operations. Written in an easily digestible and critical manner, it includes case studies and analysis of best practices implemented by companies worldwide. This unique and accessible book is an ideal text for students in maritime studies programs as well as readers interested in learning about maritime businesses' organisation and management.

Dr Wiswall examines the development of jurisdiction and practice in the field of Admiralty Law in England, with American comparisons, during the nineteenth and twentieth centuries; the work is largely organized around the Court of Admiralty from 1798 onwards. The judgeships of Lord Stowell, Dr Lushington, Sir Robert Phillimore and Sir Francis Jeune, in England, are considered in some detail, and also those of Mr Justice Story, Judge Ashur Ware and Judge Addison Brown in the United States. One chapter is devoted to an examination of the dissolution of Doctors' Commons (the unique body of English civil lawyers). Development through case law, statutes and rules is the technical side of this study - an exposition not so much of the development of legal principles themselves as of their application. 'The last chapter turns to a study of the evolution of the substantive law regarding personal liability in Admiralty actions in rem, illustrating the divergence between the English and American law, and the effect upon and repercussions in international maritime law.

Port Economics is the study of the economic decisions (and their consequences) of the users and providers of port services. A port works as an "engine" for economic development. This book provides a detailed discussion of port freight service users, such as freight water and land carriers, that have their ships and vehicles serviced and their cargoes unloaded by ports, as well as passenger services such as ferry carriers which are serviced by ferry passenger ports. This text continues to enhance our understanding of port economics by exploring the economic theories, supply and demand curves, and the actual and opportunity costs relating to the carriers, shippers and passengers who use ports. This new edition has been updated throughout. This includes: An expanded discussion of container, break-bulk, dry-bulk, liquid-bulk and neo-bulk ports; An introduction of port service chains, hinterland transport chains, maritime transport chains and port multi-service congestion; A discussion of seaborne trade, dry ports, port centrality and connectivity and free trade zones. This updated and comprehensive introduction to port economics will be of benefit to students and researchers in their study of port economics and management. It is also of great importance to professionals who manage and operate ports as well as freight and passenger carriers.

Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.

In this book the author focuses on the search for a global legal framework that covers activities affecting archaeological and/or historic valuable shipwrecks in waters beyond national jurisdiction. Three regimes are investigated as to their applicability: The Law of the Sea Convention 1982; the system of admiralty law as adapted to these particular circumstances and used by US courts; and the UNESCO Convention for the Protection of the Underwater Cultural Heritage. When analysing the relevant articles of the regimes, additional critical commentary is provided. This volume provides policy-makers, commercial explorers, archaeologists, scholars and students with an overview of the relevant, existing public international law as well as questions that need to be solved in order to regulate activities affecting archaeological and/or historic valuable shipwrecks. In addition, it may serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage. Specific to this book: Examines the search for a balance between shipwrecks as cultural heritage and as an economic resource Could serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

Compiled by the United Nations Office of Legal Affairs, this bibliography covers 20 subject categories based on the major topics of the United Nations Convention of the Law of the Sea. It is intended for the use of those interested in ocean affairs and the law of the sea matters in general and in the UN Convention on the Law in the Sea.

Ship Registration Law and Practice is fully updated and now entering its third edition. Part of Lloyd's Shipping Law Library, it is the most authoritative guide to the theory and practice of ship registration in the most popular jurisdictions. It contains the reference material needed to submit a vessel for registration at the leading ship registries world-wide, as well as extracts from key international conventions in this area, a new statistical analysis of the world merchant fleet and Port State control rankings.

A vibrant exploration of past and present controversies surrounding control of the world's oceans. In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool. Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project, the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance.

During the 1970s and 1980s the United States led the world in negotiating one of the most important treaties in history, the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the world-an area larger than the continental United States itself-and protected navigational freedom, so critical for Naval mobility. The United States was also recognized as having access to four deep seabed mine sites, each roughly the size of the State of Rhode Island, and each containing approximately a quarter trillion dollars in strategic minerals. Today UNCLOS is in force for 168 countries and the European Union. Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention. This book is about the potential damage to American national interests caused by this isolationist narrative. It discusses the robust reasons favoring the Convention, and offers a sharp critical examination of the arguments still being made against it. John Norton Moore posits that isolationist obstruction has cost the United States two deep seabed mine sites, "USA-2" and "USA-3," for a loss of a half trillion dollars in strategic minerals, and shows how a continuation of this narrative threatens the loss of "USA-1" and "USA-4" for another half trillion dollars-all while China has acquired four deep seabed sites and the Russian Federation three. In this ground-breaking, and vigorously argued new work, Moore asserts that it is time to accede to the Convention, as has been urged for decades by Presidents from both sides of the political divide.

Written by a team of acclaimed practitioners and leading academics, this book brings together in one single volume an analysis of contemporary legal issues concerning ship building, sale and finance contracts. It offers a comprehensive, expert and thoroughly practical guide on what is a very complex area of law in today's international shipping industry. The book presents a detailed and critical analysis of standard and non-standard shipbuilding and sale contracts, including vital but often overlooked issues such as payment and refund guarantees, which have been at the forefront of recent litigation and practice. It also critically and thoroughly analyses several types of standard insurance contracts, including shipbuilder's risks and mortgagee's interests, which are not adequately dealt with elsewhere and it provides a critical and contemporary discussion on the legal and practical issues surrounding ship finance, ship mortgages and more esoteric issues such as the use of bareboat charters and financial derivatives. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide. The book is divided into 3 parts; Legal Issues relating to Ship Building, Ship Sale Contracts and Practice, and Legal and Practical Issues relating to Ship Finance. Each has been expertly contributed to by the leading practitioners and academics in the field from top firms, chambers and institutions including; Ince & Co, Quadrant Chambers, Haynes and Boone CDG, LLP, Holman Fenwick Willan LLP, Watson Farley & Williams LLP, 7 Kings Bench Walk, and Institute of International Shipping and Trade Law (IISTL) of Swansea University.

Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relation to ocean resources, maritime security, shipping and navigation, and the marine environment. In each instance, there are reflections on the diverse actors, processes, and outputs shaping the regulation of the oceans. The analyses in this book further consider what this activity means within the rules on the sources, formation, and interpretation of international law. The growing reliance on informal agreements to fill legal gaps provides quick responses to pressing matters. We must assess and understand these new forms of cooperation in order to influence existing treaties or customary international law. Unconventional Lawmaking in the Law of the Sea surveys the scope of informal lawmaking in the law of the sea and evaluates the significance of this activity for the UN Convention on the Law of the Sea, as well as for ocean governance more broadly, now and in the future.

This book covers wreck law as an integrated whole, going beyond the question of "removal" to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actually used by the industry to remove wrecks, eg BIMCO's Wreckstage 2010, Wreckhire 2010 and Wreckfixed 2010. It also covers the complex requirements concerning the disposal of wrecks, including the latest recycling regulations applicable in 2019. The Law of Wreck will be of value to shipping industry professionals, insurers and legal practitioners, as well as academics and students of maritime law.

Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Aysegul Bugra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this volume in the Elements of International Law series shows why a stable legal regime governing the uses and management of the oceans is such an important feature of international relations. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, the Elements series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In seven incisive chapters, Judge Kittichaisaree provides a clear overview of the organization and structure of the Tribunal and explores the various dispute mechanisms and advisory opinions that lie at the heart of its jurisprudence. He further guides readers through ITLOS' intended role as the main dispute settlement mechanism for the international law of the sea. With first-hand experience and detailed analysis of the relevant instruments and prominent cases, he sheds light on the inner workings of the Tribunal, providing an accessible and invaluable resource for students and practitioners alike. The final chapter concludes by considering ITLOS' place in the settlement of future disputes in the law of the sea.