A handbook on the new law of the sea. 1 (1991)

Front Cover
René Jean Dupuy, Daniel Vignes
Martinus Nijhoff Publishers, Oct 16, 1991 - Law - 1 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 regime 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 on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal regime governing underwater archaeological and historical objects.
 

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Contents

Foreword to the English edition
xli
International law governing the general preservation of
xlvi
Structure 1190
lv
Parti
1
Chapter 25
6
The preeminence of the coastal State 1194
14
The transfer of marine technology
16
Chapter
19
Treaties of Peace 19191923 1261
388
Chapter 22
390
The principle of equality
395
system
401
The exercise of policing functions by the flag State
414
Enforcement with regard to violations of the policing
422
Plan of this Chapter 1152
438
Substantive rules on maritime delimitation
439

Chapter
20
The decisionmaking process in the new international insti
28
General 989
29
MARINE SCIENTIFIC RESEARCH 1127
58
International custom
60
Innocent passage 906
68
SETTLEMENT OF DISPUTES 1333
70
Chapter 21
72
International treatiesthe 1982 Convention
82
Introduction 1333
130
Chapter 3
138
Division B Progress of the doctrine before Pardo
144
The preparation of norms for a future convention
156
Transit passage and archipelagic passage 945
157
Division B Military activities 1251
160
THE THIRD UNITED NATIONS CONFERENCE ON THE LAW OF THE SEA
163
Organization
164
The international liability of States for damage to
165
DEVELOPMENT AND TRANSFER OF MARINE TECHNOLOGY 1147
167
The texts
174
Economic implications
180
The contents of the right of transit passage and of archi
187
Limits imposed on the contents and application of
196
The Third Committee
199
The Second Committee
208
The sixth session
214
Division B The First Committee
222
Procedures entailing optional decisions 1344
224
The Third Committee
228
Division F Concluding plans
237
Division G Adoption of the Convention
243
Chapter 5
247
Traditional fisheries law and its inadequacies under
252
The territorial sea
253
Chapter 23
262
Archipelagic States
269
the territorial influence
275
the zone
284
Division B The potentialities of sovereignty
292
Conciliation procedure 1350
306
Annex Extent of national claims over maritime zones
308
THE CONTINENTAL SHELF DEFINITION AND RULES APPLICABLE TO RESOURCES
315
the Convention on the Continental Shelf of 29 April 1958
327
The legal concept of the continental shelf
336
The development of the modern law of fisheries and bio
339
Division B The outer limits of the continental shelf
344
Disarmament and naval arms regulations 1258
351
The Commission on the Limits of the Continental Shelf
357
The legal regime governing the continental shelfs resources
363
Chapter 7
380
Settlement procedures entailing binding decisions 1358
384
The exclusive economic zone and the continental
445
Summary
476
Chapter 18
483
Summary
485
Procedural rules in matters of maritime delimitation
490
RIGHT OF ACCESS TO THE SEA AND FREEDOM OF TRANSIT
501
Transit to and from the sea for landlocked States
508
Appendices 1403
509
Division F United Nations 1269
510
The Convention on the Protection of Submarine Cables 978
519
THE ARCTIC AND ANTARCTIC REGIONS
525
Development of a conventional machinery for combating
527
Protection of the marine environment
543
Biological resources
553
Continental shelf and international Area
559
The Geneva Conference on the Law of the Sea 981
563
Conclusions 987
572
Chapter 12
579
Chapter 13
587
The resources
594
Technical and economic factors
605
The resources policy
617
Conclusions
632
Basic characteristics of the regime
640
The denuclearization of the sea 1296
644
operators under
647
general
655
Special policies of the regime
661
Stages and rules relating to mining operations
667
Legal regime of contracts
682
INSTITUTIONAL ARRANGEMENTS
689
tradition and innovation
695
antecedents
698
General characteristics
713
structure and func
727
The Council
733
competence
747
The Enterprise
759
Legal capacity
767
The judicial review of the acts of the Authority
777
The system established in the Convention to review
786
Other disputes caused by acts of the Authority
793
The Preparatory Commission as a transnational body
804
The Preparatory Commission as a test for a new form
817
ESTABLISHMENT OF THE PREPARATORY COMMISSION FOR THE INTERNATIONAL
821
The work of the Preparatory Commission
828
Chapter 24
832
Bibliography 1625
lvii
Volume 2
lxix
Zones of peace 1239
lxxxv
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