The Oxford Handbook of the Law of the Sea

doi:10.1093/law/9780198715481.001.0001

The Oxford Handbook of the Law of the Sea

Edited by:
Donald Rothwell
Donald RothwellLaw, Australian National UniversityClose

,
Alex Oude Elferink
Alex Oude ElferinkLaw, Utrecht UniversityClose

,
Karen Scott
Karen ScottLaw, The University of CanterburyClose

, and
Tim Stephens
Tim StephensLaw, University of SydneyClose

Abstract

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This book provides an analysis of its current debates and controversies, both theoretical and practical. It consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyzes the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The book also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy.

Keywords: UNCLOS (UN Convention on the Law of the Sea), United Nations (UN), maritime boundaries, coastal states, ships / vessels, delimitation, piracy, territorial sea, fisheries, high seas

Bibliographic Information

Publisher:: Oxford University Press

Print Publication Date:: Mar 2015

ISBN:: 9780198715481

Published online:: Jun 2016

DOI:: 10.1093/law/9780198715481.001.0001

Editors

Donald Rothwell, editor
Donald R. Rothwell is Professor of International Law at the ANU College of Law, Australian National University, Australia where he has taught since 2006, and was previously Challis Professor of International Law at the University of Sydney (2004-2006). His research areas include the law of the sea, the law of the polar regions, international security law, and international law in Australia. He is author, co-author and editor of 16 books.

Alex Oude Elferink, editor
Alex G. Oude Elferink is Deputy Director of the Netherlands Institute for the Law of the Sea at the School of Law, Utrecht University, The Netherlands. His research interests include the law of the sea, the law of the polar regions, and the relationship between international law and international relations.

Karen Scott, editor
Karen N. Scott is a Professor of Law at the University of Canterbury, Christchurch, New Zealand. Her research interests include Antarctic law and policy, the law of the sea and international environmental law. She is the editor of the New Zealand Yearbook of International Law and a member of the Advisory Board to Gateway Antarctica at the University of Canterbury.

Tim Stephens, editor
Tim Stephens is Professor of International Law and Australian Research Council Future Fellow at the Sydney Law School, University of Sydney, Australia. He is President of the Australian and New Zealand Society of International Law.

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Front Matter
- The Oxford Handbook of the Law of the Sea
- Preface
- List of Illustrations
- Table of Cases
- Table of Treaties
- List of Abbreviations
- Notes on Contributors
Historical Development of the Law of the SeaTullio Treves
The 1982 United Nations Convention on the Law of the SeaRobin R Churchill
Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime InteractionIrina Buga
BaselinesCoalter G Lathrop
The Territorial Sea and Contiguous ZoneJohn E Noyes
International StraitsDonald R Rothwell
The Archipelagic RegimeTara Davenport
The Exclusive Economic ZoneGemma Andreone
The Continental ShelfTed L McDorman
The High SeasDouglas Guilfoyle
The Deep SeabedMichael W Lodge
Maritime Boundary DelimitationMalcolm D Evans
Port and Coastal StatesErik J Molenaar
Flag StatesRichard A Barnes
Landlocked and Geographically Disadvantaged StatesHelmut Tuerk
The United Nations: A Practitioner’s PerspectiveHans Corell
The Law of the Sea Convention InstitutionsJames Harrison
Courts and Tribunals: The ICJ, ITLOS, and Arbitral TribunalsBernard H Oxman
The International Maritime OrganizationAldo Chircop
Regional Fisheries Management OrganizationsRosemary Rayfuse
Integrated Oceans Management: A New Frontier In Marine Environmental ProtectionKaren N Scott
Marine Living ResourcesNele Matz-Lück and Johannes Fuchs
Science and the International Regulation of Marine PollutionElizabeth A Kirk
Navigational Rights and FreedomsYoshifumi Tanaka
Marine Scientific ResearchTim Stephens and Donald R Rothwell
Maritime SecurityNatalie Klein
The Mediterranean SeaIrini Papanicolopulu
The South China SeaKeyuan Zou
North-East Atlantic and the North SeaRonán Long
The Caribbean Sea and Gulf of MexicoDavid Freestone and Clive Schofield
The Indian Ocean and the Law of the Sea: A Work in ProgressAlex G Oude Elferink
Polar Oceans and Law of the SeaKaren N Scott and David L VanderZwaag
Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the SeaRobin M Warner
Warming Waters and Souring Seas: Climate Change and Ocean AcidificationTim Stephens
Threatened Species and Vulnerable Marine EcosystemsEdward J Goodwin
Marine BioprospectingJoanna Mossop
PiracyAnna Petrig
Military OperationsJames Kraska
Charting the Future for the Law of the SeaDonald R Rothwell, Alex G Oude Elferink, Karen N Scott, and Tim Stephens
End Matter
- Index

Oxford University Press

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date: 28 June 2022

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The Oxford Handbook of the Law of the Sea

Edited by:
Donald Rothwell
Donald RothwellLaw, Australian National UniversityClose

,
Alex Oude Elferink
Alex Oude ElferinkLaw, Utrecht UniversityClose

,
Karen Scott
Karen ScottLaw, The University of CanterburyClose

, and
Tim Stephens
Tim StephensLaw, University of SydneyClose

Abstract

Bibliographic Information

Editors

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Contents

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The Oxford Handbook of the Law of the Sea

Edited by: Donald Rothwell Donald RothwellLaw, Australian National UniversityClose , Alex Oude Elferink Alex Oude ElferinkLaw, Utrecht UniversityClose , Karen Scott Karen ScottLaw, The University of CanterburyClose , and Tim Stephens Tim StephensLaw, University of SydneyClose

Abstract

Bibliographic Information

Editors

Share Link

Contents

Edited by:
Donald Rothwell
Donald RothwellLaw, Australian National UniversityClose

,
Alex Oude Elferink
Alex Oude ElferinkLaw, Utrecht UniversityClose

,
Karen Scott
Karen ScottLaw, The University of CanterburyClose

, and
Tim Stephens
Tim StephensLaw, University of SydneyClose