Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-swr86 Total loading time: 0 Render date: 2024-07-24T22:18:21.878Z Has data issue: false hasContentIssue false

15 - The law of the sea

Published online by Cambridge University Press:  05 August 2012

Anthony Aust
Affiliation:
London School of Economics and Political Science
Get access

Summary

The sea! The sea!

Churchill and Lowe, The Law of the Sea, 3rd edn, Manchester, 1999

Burke, The New International Law of Fisheries, Oxford, 1994

Birnie and Boyle, International Law and the Environment, 2nd edn, Oxford, 2002

www.un.org/Depts/los/

www.imo.org

Because the sea has been an essential means of transport since ancient times, and even today merchant shipping still carries 95 per cent (by weight) of all exports, the rules governing the use of the sea (including its resources and environment) are one of the principal subjects of international law. The law is a mixture of treaty and established or emerging customary international law, the customary law having developed over centuries. The first successful attempt to codify the law was the 1958 UN Conventions on the Law of the Sea, but the most important aspects of the law are now set out in the UN Convention on the Law of the Sea 1982 (in this chapter, ‘the Convention’ or ‘UNCLOS’). For those parties to the Convention that were parties to the 1958 Conventions, the 1982 Convention replaces them. Although between thirty-seven and sixty-two states are still listed as parties to the four 1958 Conventions, in many cases they are now bound by the 1982 Convention, which entered into force on 16 November 1994, and now has 148 parties. As most of the Convention's provisions represent customary international law, even non-parties, such as Iran and the United States, are already bound by those provisions albeit as customary international law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The law of the sea
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.018
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The law of the sea
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.018
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The law of the sea
  • Anthony Aust, London School of Economics and Political Science
  • Book: Handbook of International Law
  • Online publication: 05 August 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494123.018
Available formats
×