The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans.
This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come.
As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.
Chapter 4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial (CC-BY-NC) 4.0 license.
This volume explores how the United Nations Convention on the Law of the Sea is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation. The book raises complex questions in the application, understanding, and enforcement of the convention.
1. Introduction to UNCLOS 1982 as a System of Regulation; Part I Law and
Order at Sea;
2. The System of Law and Order at Sea under UNCLOS 1982;
3.
Outlaw Oceans and Lawless Seas? Revisiting the high seas as a regulatory
space under (and after) UNCLOS 1982;
4. Unmanned Vessels and the
Multi-dimensional Concept of Ship under UNCLOS 1982;
5. The Law of the Sea
and the Law of Naval Warfare: Comfortable intersection or irreconcilable
conflict?;
6. Use of Force Against Pirates, Human Rights and the Law of the
Sea; Part II UNCLOS 1982 and Human Rights;
7. Human Rights from Within the
UNCLOS System: An overview;
8. Flag States and Human Rights Protection:
Obligations and justiciability under international human rights law;
9.
Looking at the Case Law of the European Court of Human Rights through the
Lens of the International Law of the Sea;
10. Remote Migration Control at
Sea: Jurisdiction relating to joint or proxy interception in foreign waters
or foreign search and rescue regions;
11. Interpretation of UNCLOS 1982 based
on General Principles of Law: Considerations of humanity in disembarkation
of rescued refugees and migrants; Part III UNCLOS 1982 and Private Actors;
12. Private Actors as Co-regulators, Direct Addressees and/or Enforcers of
the System of Regulation Governed by the Law of the Sea;
13. The Role of
Industry Self-Regulation in International Maritime Law;
14. The Polar Code vs
The International Safety Management Code: Do we need both?;
15. Marine
Insurance at Lloyds of London: Shaping and enforcing best management
practices; Part IV UNCLOS 1982 and Methodology;
16. UNCLOS 1982 and its
Instructions on Method;
17. As Time Goes By: A preliminary inquiry into the
object and purpose of the Law of the Sea Convention;
18. Modelling UNCLOS
1982: How to approach a complex convention?
Kristina Siig is Professor (WSR) of Private Law and Maritime Law, University of Southern Denmark, leader of the cross-faculty research cluster Blue SDU and specialises in maritime law and law of the sea from an interdisciplinary perspective. She is the Chairperson of the Task Force Scandinavian Star and teaches maritime contracts at the Scandinavian Institute of Maritime Law, Oslo.
Birgit Feldtmann is Professor (WSR) in criminal law, criminal procedure and international law enforcement at the Department of Law, Aalborg University, Denmark. She led the DFF2-research project Policing at Sea (PolSEA) under the Independent Research Fund Denmark. She is legal expert with the Contact Group on Piracy off the Coast of Somalia and Danish Institute against Torture.
Fenella M.W. Billing is Assistant Professor with the Department of Law, University of Southern Denmark. With a background in criminal prosecutions, her core research interests are state responsibility, transnational law enforcement and human rights, such as human rights in EU and comparative criminal justice, maritime law enforcement and border security.
