Marine Pollution in International Law. Material Obligations and Jurisdiction, with Special Reference to the Third United Nations Conference on the Law of the Sea. By Kari Hakapää. (Helsinki: Suomalainen Tiedeakatemia, 1981. Pp. 341. Indexes.)

1983 ◽  
Vol 77 (3) ◽  
pp. 723-724
Author(s):  
Ralph Beddard
Keyword(s):  
United Nations ◽  
Special Reference ◽  
International Law ◽  
Marine Pollution ◽  
Law Of The Sea ◽  
The Third ◽  
The Law

The law of the sea and the deep seabed

1978 ◽  
Vol 290 (1366) ◽  
pp. 21-31
Keyword(s):  
United Nations ◽  
International Law ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
International Agreement ◽  
Exploration And Exploitation ◽  
The Third ◽  
Sea Bed ◽  
The Law ◽  
Work Done

It is the object of the third United Nations Conference on the Law of the Sea to obtain broad international agreement on the limits to the territorial sea, on that area beyond these limits within which the coastal state may exercise rights over living and non-living resources and on the nature and manner of exercise of those rights. The Conference is also required to establish an international regime to deal with the exploration and exploitation of the deep seabed beyond the limits of coastal states’ rights. The work done by the Conference in five sessions since 1973 will have its effect on international law and practice but, partly owing to differences between the view-points of less industrialized and the more industrialized states (not confined to marine matters), the global solution essential for the orderly regulation of movement of shipping, scientific research and development of fisheries and sea-bed mineral resources may yet elude the Conference, to the detriment of the participating states and of the international community as a whole.

scholarly journals The Third United Nations Conference on the Law of the Sea: the 1976 New York Sessions

1977 ◽  
Vol 71 (2) ◽  
pp. 247-269 ◽  
Author(s):  
Bernard H. Oxman
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
The Third ◽  
Geneva Conventions ◽  
State Practice ◽  
The Law

The law of the sea has changed, for good or for ill. The Revised Single Negotiating Text (hereinafter RSNT) issued in the spring of 1976 may prove to be the single most important document regarding the law of the sea since the 1958 Geneva Conventions in terms of its influence on state practice, whether by way of an ultimate treaty or otherwise. Important differences will exist regarding the extent to which portions of the text are declaratory of emerging customary international law and regarding the extent to which the text must be changed to be acceptable as a universal treaty or as customary law. Indeed, difficult questions of implementation of its principles in bilateral and other arrangements are already arising. Positions taken at multilateral conferences may differ from the positions taken in other contexts. But the text will not be ignored.

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

1 Historical Development of the Law of the Sea

2015 ◽  
Author(s):  
Treves Tullio
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Historical Development ◽  
Law Of The Sea ◽  
The Third ◽  
History Of ◽  
Historic Development ◽  
The Law ◽  
Early Phases

This chapter highlights, in the historic development of the law of the sea, the roots of the law as it currently stands and the questions still open today. It considers the early phases of the evolution of the law of the sea up to the end of the nineteenth century followed by, in more detail, developments that took place in the twentieth century up until the Third United Nations Conference on the Law of the Sea. This fundamental event in the history of the law of the sea in the twentieth century is the basis of the international law of the sea of today, and is dealt with in subsequent chapters of this Handbook.

The Third United Nations Conference on the Law of the Sea

1976 ◽  
Vol 11 (1) ◽  
pp. 1-51 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Historical Context ◽  
Law Of The Sea ◽  
General Assembly ◽  
Special Rapporteur ◽  
Priority List ◽  
The Third ◽  
The Law ◽  
High Seas

This article is divided into four parts. The first aims to place the Third United Nations Conference on the Law of the Sea in its historical context. The second describes some aspects of the first three sessions of that Conference (1973–1975). In the third an account of major specific interests and conflicts which have appeared in this Conference is given. Finally, some tentative conclusions are drawn—tentative, because the Conference has not yet completed its labours.During its first session (1949) the newly established International Law Commission, set up by the General Assembly in accordance with the provision of Article 13 of the Charter relating to the codification and progressive development of international law, included the topics of the régime of the high seas and the régime of territorial waters in its provisional list of fourteen topics selected for codification. It placed the régime of the high seas on its priority list, and appointed Professor J.P.A. François (The Netherlands) as special rapporteur. At the recommendation of the General Assembly in resolution 374 (IV) of 6 December 1949 the Commission in 1950 included the régime of territorial waters on its priority list, and in 1951 it initiated work on that topic, for which Professor François was also designated special rapporteur. The Commission was heavily occupied with both these topics until 1956.

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

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