Progressive Development of International Law and the Package Deal

1985 ◽  
Vol 79 (4) ◽  
pp. 871-890 ◽  
Author(s):  
Hugo Caminos ◽  
Michael R. Molitor
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Progressive Development ◽  
Geneva Conventions ◽  
Treaty Negotiations ◽  
State Practice ◽  
United Nations Convention ◽  
The Hague ◽  
The Law ◽  
Multilateral Treaty

For centuries the law of the sea operated efficiently on the basis of customs that had developed through uniform and consistent state practice and that were considered, in most instances, to be obligatory. It was not until the late 19th century that the evolution of the international community suggested the wisdom of codifying the existing and emerging customary norms. Although the early codification efforts were conducted by learned societies established for such purposes, the resulting studies eventually led to several multilateral treaty negotiations, including the Hague Codification Conference of 1930 and the three United Nations Conferences on the Law of the Sea. The fruits of this evolution from the predominance of custom towards universal treaty law are found principally in the Geneva Conventions of 1958 and, more recently, in the United Nations Convention on the Law of the Sea of 1982.

La zone économique exclusive dans la pratique des États

1998 ◽  
Vol 35 ◽  
pp. 3-55 ◽  
Author(s):  
Francis Rigaldies
Keyword(s):  
United Nations ◽  
Scientific Research ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Judicial Decisions ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

SummaryThe use of the concept of an exclusive Economie zone has increased since the adoption of the United Nations Convention on the Law of the Sea. However, the characterization of this zone varies greatly between States. This article presents an exhaustive survey of the concept of an exclusive Economie zone. The author discusses the types of jurisdiction exercised by States in their uses of an exclusive Economie zone. Disparity exists between the provisions of the Convention and State practice in some specific areas: for example, the provisions on the environment and on scientific research. Despite these exceptions, the author maintains that the basic tenets of the Convention are respected in State practice. State declarations as well as arbitral and judicial decisions show that the Convention and State practice are together evolving to reinforce the basic principles of the concept of an exclusive Economie zone.

scholarly journals The Third United Nations Conference on the Law of the Sea: the 1976 New York Sessions

1977 ◽  
Vol 71 (2) ◽  
pp. 247-269 ◽  
Author(s):  
Bernard H. Oxman
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
The Third ◽  
Geneva Conventions ◽  
State Practice ◽  
The Law

The law of the sea has changed, for good or for ill. The Revised Single Negotiating Text (hereinafter RSNT) issued in the spring of 1976 may prove to be the single most important document regarding the law of the sea since the 1958 Geneva Conventions in terms of its influence on state practice, whether by way of an ultimate treaty or otherwise. Important differences will exist regarding the extent to which portions of the text are declaratory of emerging customary international law and regarding the extent to which the text must be changed to be acceptable as a universal treaty or as customary law. Indeed, difficult questions of implementation of its principles in bilateral and other arrangements are already arising. Positions taken at multilateral conferences may differ from the positions taken in other contexts. But the text will not be ignored.

Introduction

2021 ◽  
pp. 1-24
Author(s):  
Camille Goodman
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Effect ◽  
State Practice ◽  
Balance Of Interests ◽  
United Nations Convention ◽  
The Law ◽  
Unique Context

This Chapter outlines the context, objective, and scope of the book, and examines two foundational issues that anchor its law of the sea enquiry firmly within the doctrinal and methodological context of general international law. First, it considers the international law concept of ‘jurisdiction’ and examines its role and application under the 1982 United Nations Convention on the Law of the Sea in general, and in the exclusive economic zone (EEZ) in particular. It explores the idea of jurisdiction as a ‘continuum’ of prohibitions, rights, and obligations pursuant to which a State may be obliged, authorized but not required, or prohibited from exercising authority in relation to a person or activity, and considers the balance of interests in the sui generis regime that underpins the jurisdictional continuum of the EEZ. Second, it examines the potential legal effects of subsequent State practice in the law of the sea. It describes the conceptual framework that underlies the book’s widespread examination of State practice and explains how the relevant rules of international law apply to evaluate the legal effect of State practice under treaty law and customary international law in the unique context of the law of the sea. The Chapter outlines the parameters used to determine and analyse the State practice examined in the book, and concludes with an overview of the structure and chapter content.

The Unity Status of Continental States’ Outlying Archipelagos

2020 ◽  
Vol 35 (4) ◽  
pp. 801-833
Author(s):  
Jinyuan Su
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
The Third ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract This article argues that the United Nations Convention on the Law of the Sea (LOSC) does not exhaust rules of baseline regimes; those for continental States’ outlying archipelagos were set aside for development outside the Convention by negotiating States during the Third United Nations Conference on the Law of the Sea. Today, most of the continental States possessing outlying archipelagos have applied the unity theory to such archipelagos, many by enclosing them with straight baselines, which has been protested by very few States. The application of straight baselines to big- island-dominating outlying archipelagos may be justifiable under the second limb of Article 7(1) of the LOSC or a customary rule that it reflects, thus causing a fragmentation of outlying archipelagos; however, this alternative justification remains hypothetical and, even if established, would not detract from the generality of State practice applying unity theory to outlying archipelagos without such geographical configuration.

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