Law of the Sea

Robin Churchill is Emeritus Professor of International Law at the University of DundeeVaughan Lowe QC is Emeritus Professor of International Law at the University of OxfordAmy Sander is a barrister at Essex Court Chambers

• Table of casesTable of treaties1 IntroductionScope of the bookEarly development of the subjectSources of the modern law of the seaAttempts at codificationThe UN Convention on the Law of the SeaInternational organisationsThe present legal regimeMaterials on the law of the sea 2 BaselinesIntroduction The low-water line Artificially constructed baselines Islands and baselines Publicising baselines Baselines and sea level rise Concluding observations 3 Internal watersDefinitionLegal statusThe right of access to ports and other internal watersJurisdiction in internal waters4 The territorial seaDevelopment of the conceptLegal status of the bed, subsoil and superjacent airspace of the territorial seaThe breadth of the territorial seaThe right of innocent passageThe right to deny and suspend passageRights and duties of the coastal State5 StraitsDefinitionThe regime under customary law and the Territorial Sea ConventionThe regime under the Law of the Sea ConventionThe UNCLOS regime and customary lawSpecial regimes6 The legal regime of archipelagic watersIntroduction Development of a special regime for archipelagos Legal status of archipelagic waters Navigational rights of other States in archipelagic waters Obligations of an archipelagic State in its archipelagic waters Conclusion 7 The contiguous zoneIntroductionDevelopment of the conceptBreadth of the contiguous zoneClaims to a contiguous zoneLegal status of the contiguous zone8 The continental shelfIntroductionThe legal status of the continental shelf The outer limit of the continental shelfThe Commission on the Limits of the Continental ShelfThe continental shelf of AntarcticaThe rights and duties of the coastal StateNon-independent territories 9 The exclusive economic zoneIntroduction Evolution of the EEZ Extent and delineation of the EEZ The legal nature of the EEZ Claims to an EEZ Concluding observations 10 The delimitation of maritime boundariesIntroduction The process of maritime boundary delimitation Delimitation of territorial sea boundaries Delimitation of maritime boundaries beyond the territorial sea but within 200 miles of the baseline Delimitation of continental shelf boundaries beyond 200 miles Grey areas Obligations of States with overlapping maritime zones pending delimitation of a maritime boundary Areas of joint management and exploitation and other co-operative arrangements The effect of sea level rise on maritime boundary agreements Concluding observations 11 The high seasIntroductionDefinitionThe legal status of the high seasFreedom of the high seasJurisdiction on the high seas12 The international seabed areaIntroduction The background to the provisions of UNCLOSResolutions I and II: Preparatory Investment ProtectionThe Reciprocating States RegimePrepcom, the UNCLOS regime and the 1994 Implementation AgreementPrinciples of the UNCLOS regime: an overviewThe International Seabed AuthorityThe system of exploitationThe common heritage 13 Safety of navigationIntroduction The legal framework for the adoption, implementation and enforcement of safety measures Construction, design and equipment standards The qualifications and working conditions of ships’ crews The movement of ships Other safety measures Concluding observations 14 The international regime governing marine fisheries Introduction Some background issues The evolution of international fisheries law The regime for fisheries within national jurisdiction The regime for fisheries on the high seas Instruments applying both within and beyond national jurisdictionConcluding observations 15 Protection of the marine environment: an introductionIntroduction The framework of international law for protecting the marine environment Principles for marine environmental policy-making and legislation Control of marine pollution: an introduction Conservation of marine biodiversity: an introduction 16 Protection of the marine environment: controlling marine pollution Introduction Pollution from ships Pollution by dumping Pollution from sea-bed activities subject to national jurisdiction Pollution from activities in the Area Pollution from land-based sources Pollution from or through the atmosphere Concluding observations 17 Protection of the marine environment: conserving marine biodiversityIntroduction Holistic instruments Protection of marine habitats Conservation of species Concluding observations 18 The international legal regime for marine scientific researchIntroductionDevelopment of the international legal regime for marine scientific research The meaning of ‘marine scientific research’The scope of the competence to conduct marine scientific research under UNCLOSGeneral principles governing marine scientific researchThe legal status of research installations and equipmentInternational co-operation in marine scientific researchMarine scientific research under regimes other than UNCLOSConcluding observations19 The transfer of marine technologyIntroductionThe transfer of marine technology under UNCLOSCapacity-building20 Landlocked States and the law of the seaIntroductionThe navigational rights of landlocked StatesThe access of landlocked States to marine resourcesThe access of landlocked States to the seaConclusions 21 Settlement of disputesSettlement of disputes under general international lawSettlement of disputes under the Law of the Sea ConventionGeneral issues concerning dispute settlementIndex