Origin and Development Pf the Law of the Sea: History of International Law Revisited

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BRILL, 1983 - Law - 249 pages
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This work presents an in-depth analysis of the most complex of the many ocean boundary delimitation problems confronting neighboring states in the Pacific region. In each case the various factors influencing the parties to the dispute are examined in detail & alternative diplomatic options are compared. Special emphasis is given to the problems of Southeast Asia, East Asia, & the Northeast Pacific, but regional developments in the Southwest Pacific & the Central & Southeast Pacific are also discussed. The authors, who are prominent specialists in the field of ocean policy studies place their factor-and-option analysis of these difficult disputes within a multidisciplinary, 'functionalist' framework, & offer some original proposals for innovative ocean diplomacy that now seem realistic in light of recent improvements in the international political arena.
 

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Contents

The French and the Danish in the East
99
Seldens Mare Clausum
105
Piracy in the Indian Ocean during the Seventeenth
111
Resurgence of Mare Liberum and the Development
124
Eleventh Commandment
131
Territorial Waters
137
Zone of Security
144
High Seas
151
Further Erosion of Freedom of the Seas
175
Innocent Passage through International Straits
181
Other Proposals
187
Seabed Beyond the Limits of National Jurisdiction
195
MidOcean Archipelagic Claims
202
Transit through Archipelagic Waters
208
The Economic Zone Accepted
215
Retrospect and Prospect
225

New Challenges to the Freedom of the Seas
159
Truman Proclamations and Their Aftermath
163
Enclosure of Wide High Seas Areas for Testing
169
Challenge to Traditional Law
231
Renewed Challenge to the Freedom of the Seas
237
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