A handbook on the new law of the sea

Front Cover
Martinus Nijhoff, 1991 - Law - 1691 pages
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The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the rigime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements onthe basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the othe

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Contents

Chapter 17
835
General and particular rules designed to ensure compati
868
Chapter 19
878
Rules relating to the compatibility between freedom
889
Warships and other ships on government service and
899
Innocent passage
906
Division B Rules peculiar to certain vessels
924
The suspension of the exercise of the right of innocent
935
Duties of ships and aircraft during their passage re search and survey activities duties of the archipelagic State and laws and regulations of the archipe...
1440
Rights and duties of other States in the exclusive economic zone
1441
Conservation of the living resources
1442
Utilization of the living resources
1443
Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyon...
1444
Catadromous species
1445
Right of landlocked States
1446
Nonapplicability of articles 69 and 70
1447

Navigation in international canals
942
Submarine cables and pipelines
977
The United Nations Convention on the Law of the Sea
983
Fisheries and biological resources
989
The development of the modern law of fisheries and bio
999
Justice
1029
Coastal State jurisdiction on fisheries beyond 12 miles
1047
Division B The applicable regime in the 200mile zone
1067
Chapter 20
1118
Marine scientific research
1127
Scientific research under the control of States
1141
Development and transfer of marine technology
1147
Development of a conventional machinery for combating
1153
the 1984 Protocols
1165
Division B Oil spills response intervention of the coastal State
1180
SOLAS
1183
Structure of the Convention text and general charac
1190
to the seabed
1198
The international liability of States for damage to
1213
The contribution made by the Convention on the
1221
General conclusion
1230
Zones of peace
1239
The law of the sea and military activities
1247
Disarmament and naval arms regulations
1258
Division F United Nations
1269
national conferences
1275
The denuclearization of the sea
1296
Nuclearweaponfree zones
1306
Confidencebuilding measures and measures intended
1313
Chapter 24
1319
The behaviour of belligerents and the legitimate exercise
1325
Settlement of disputes
1333
Procedures entailing optional decisions
1344
Conciliation procedure
1350
Settlement procedures entailing binding decisions
1358
The theory of law of the sea dispute settlement pro
1374
Appendices
1403
Preamble
1423
Archipelagic states
1437
Measurement of the breadth of the territorial sea the contiguous zone the exclusive economic zone and the continental shelf
1438
Right of archipelagic sea lanes passage
1439
Restrictions on transfer of rights
1448
Continental shelf
1449
Rights of the coastal State over the continental shelf
1450
Enclosed or semienclosed seas
1462
Scientific research installations or equipment in the marine
1515
National and regional marine scientific and technological
1519
Provisional measures
1523
Prompt release of vessels and crews
1524
Exhaustion of local remedies
1525
Optional exceptions to applicability of section 2
1526
Right of the parties to agree upon a procedure
1527
General provisions
1528
Final provisions
1529
Reservations and exceptions
1530
Amendment
1531
Signature ratification of accession to and authentic texts of amendments
1532
Denunciation
1533
Authentic texts
1534
Highly migratory species
1535
Basic conditions of prospecting exploration and exploi tation
1537
Exploration and exploitation
1538
Transfer of technology
1539
Approval of plans of work
1541
Statute of the international tribunal for the law of the sea
1565
Organization of the Tribunal
1566
Vacancies
1567
Consequence of ceasing to fulfil required conditions
1568
Rules of the Tribunal
1569
Expenses of the Tribunal
1570
Applicable law
1571
Majority for decision
1572
Costs
1573
Access
1574
Participation by international organizations
1580
Officers and Committees
1588
Notes to the Final Act
1596
Tribute to Simon Bolivar the Liberator
1610
Table of signatures and ratifications as of 31 December 1990
1619
Bibliography
1625
Analytical index
1655
Copyright

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About the author (1991)

Dupuy, Professor Emeritus at the College de France, Member of the Curatorium of the Hague Academy of International Law, the Nethelands.