The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean at League of Nations and United Nations conferences in 1930, 1958 and 1960 had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining continue to exercise policymakers and lawyers to this day.
This analysis of the making of the UN law of the sea treaties which culminated in the 1982 law of the sea convention uses archival sources to trace the transformation of diverse national interests into international law, and the reshaping of that law over successive international conferences.
Papildus informācija
This analysis of the making of the UN law of the sea treaties traces the transformation of policy into law.
1. End of the old order: the attempt to create a convention on
territorial waters;
2. Old freedoms, new rights: the Corfu Channel and
Fisheries cases;
3. North, South, East and West: new ideas and new actors at
the 1958 conference;
4. A conference collapses: no settlement on the
territorial sea or fishing limits in 1960;
5. Internationalising the seabed:
common heritage and the UN seabed committee;
6. Passage through straits: from
innocent passage to transit passage at the 197382 conference;
7. The
archipelagic concept: division, unity and archipelagic statehood;
8. New
international orders: the exclusive economic zone, the continental margin,
and marine scientific research;
9. The bitter end: the seabed mining
controversy and the signing of the convention; Afterword; Bibliography; Index.
Kirsten Sellars focuses on public international law specifically, the law of the sea, the laws governing uses of force, and international criminal law with emphasis on South Asian perspectives. Her publications include the monograph, 'Crimes against Peace' and International Law (2015), and the edited volume, Trials for International Crimes in Asia (2018).
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