Some years ago, while a Senior Lecturer-in-Law at BPP University,
one of my Master of Laws' students asked if he could write a
dissertation in Maritime Law. He wanted to do a survey of the rules
of both Admiralty Law and the Law of the Sea. The department
contained no specialist in either of these fields, and I taught
neither. As he could not be dissuaded from this plan, I had to
undertake a rapid, informal, self-directed learning programme in
the subjects in order to gain sufficient professional skill to be
able to supervise, and, later, assess the dissertation. His project
was surprisingly good -- and I had my first contact with rules
concerning territorial seas, contiguous zones, exclusive economic
zones, continental shelves and high seas. My interest in these
topics grew and, eventually, flourished in the project of this
monograph. The book covers the laws in the United Nations
Convention on the Law of the Sea 1982 that concern baselines and
boundary delimitation, together with cases which relate to these
topics. There is also a major input to the monograph from
procedural matters pertaining to the International Court of
Justice, the International Tribunal for the Law of the Sea and
arbitration under Annex VII to the Convention, with an example case
provided for each of these mechanisms. As States Parties to the
Convention may make a Declaration under its Article 287 for the
settlement of their disputes by one or more of these methods --
together with special arbitration under Annex VIII to the
Convention for four issues specified therein -- this Article,
together with the methods and the remainder of Part XV of the
Convention, are core material for a systematic review of the Law of
the Sea. In instances in which it is possible, comparisons are made
between: (i) the United Nations Convention on the Law of the Sea
and its predecessors, i.e., the Geneva Conventions from 1958, and
(ii) the rules of the International Court of Justice and those of
the International Tribunal for the Law of the Sea. In essence, the
Convention builds upon its precursory instruments, which tend to be
simpler than the former, and the procedural rules for the
International Tribunal for the Law of the Sea are similar or
identical to those of the International Court of Justice, other
than a few provisions that are new or materially modified from the
terms of the Court, but with the necessary changes from the latter
being made. The cases at this level are fewer than in black-letter
subjects of the law, but tend to be complex and, for the legal
scholar, very interesting. This is especially true of the South
China Sea Arbitration, which was a judgment of pioneering
brilliance from an Annex VII arbitral tribunal composed of one
academic and four experienced judges, to which a substantial
literature has-in the short period since this case's resolution --
been devoted. The very best of luck with your reading!
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