This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is not also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.
Book
James Crawford
Serving as a single-volume introduction to the field as a whole, Brownlie’s Principles of Public International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear way. This ninth edition has been completely updated to take account of the many developments in international law that have occurred since the 8th edition (2012).
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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum.
This chapter examines rules of international law known as the law of the sea, focusing on matters of state sovereignty, state jurisdiction, and state rights over the waters, sea bed, subsoil, and airspace of the ‘sea’. It first explains the fundamental importance of the law of the sea before turning to the 1982 Law of the Sea Convention. It also considers some of the specific legal regimes that govern use of the sea by coastal and non-coastal states, with an emphasis on the territorial sea and contiguous zone, the Exclusive Economic Zone, the continental shelf, the deep sea bed, the high seas, and miscellaneous categories such as pollution control, archipelagos, islands, and international straits. In addition, the chapter looks at various sources of the law of the sea and the 1958 Geneva Conventions, the 1982 Convention on the Law of the Sea and the 1994 Agreement on the Deep Sea Bed, customary law, bilateral treaties, and other multilateral treaties.
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The law of the sea is of great importance to the world community as reflected in the wealth of treaty law, customary law and judicial decisions concerning this subject. The most important of all is the United Nations Law of the Sea Convention 1982, which entered into force on 16 November 1994. This chapter discusses the rules governing the territorial sea and the contiguous zone; the continental shelf; the exclusive economic zone; the high seas; the deep seabed; and peaceful settlement of disputes.
Chapter
This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.
Book
Anders Henriksen
International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.
Book
Anders Henriksen
International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.
Book
Martin Dixon
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum.
This book offers a concise and focused introduction to international law, from the nature and sources of international law to the use of force and human rights. This seventh edition guides readers through the legal principles and areas of controversy, bringing the subject to life with the use of topical examples to illustrate key concepts. Chapters cover the nature and sources of international law, the law of treaties, and national law. They also look at immunities from national jurisdiction, the law of the sea, state responsibility, dispute settlement, and human rights issues.
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Ilias Bantekas and Efthymios Papastavridis
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.
Book
Ilias Bantekas and Efthymios Papastavridis
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.
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Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
This chapter begins with an examination of the related concepts of sovereignty, competence, and jurisdiction. It then discusses the international law governing territory, sea, the international seabed, and the concept of common heritage of mankind, air, and outer space. In traditional international law the physical dimension of State activity was regulated in fairly simple terms. The earth, portions of the sea, and the air were divided up into areas subject to the sovereign authority of States. The only exception to this partition was the high seas, which—since the seventeenth century—were subject to the principle that they were a thing belonging to everybody (res communis omnium): every State could sail its ships or use the high seas’ resources as it pleased, as long as it did not hamper their free use by other States. However, a nationalist, self-centred approach has displaced community interests and any idea of solidarity or joint utilization of resources.
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The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.
Chapter
The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.
Book
Gleider Hernández
International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which include the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.
Book
Gleider Hernández
International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which includes the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.
