Cases and Materials on the Law of the Sea

Much has changed since the publication of the first edition of this text-- Louis B. Sohn & John E. Noyes, Cases and Materials on the Law of the Sea--in 2004. The oceans have faced continuing environmental stresses, increased interest in the hard resources of the continental shelf and the deep seabed, new security threats, tensions over contested maritime boundaries, and significant developments in shipping. These challenges have prompted changes in international law, and international law in turn has helped to shape how the world reacts to these challenges. Reactions have come not just from states, but from international organizations and international judicial and arbitral bodies. The pages of this second edition reflect many of these significant developments. Readers familiar with the first edition will note a change in emphasis in this second edition. The first edition sought both to present a sensibly organized set of teaching materials and to survey the full range of law of the sea issues, in order to at least introduce topics and point readers to relevant commentary. In this second edition we focus primarily on teaching materials, opting for depth rather than breadth of coverage. To provide an overview of the broad field of the law of the sea, we recommend that these Cases and Materials be used in conjunction with Louis B. Sohn, Kristen Gustafson Juras, John E. Noyes & Erik Franckx, Law of the Sea in a Nutshell (West, 2d ed. 2010). The organization of this second edition of Cases and Materials on the Law of the Sea tracks that of the Nutshell. Chapter 1 introduces the law of the sea and questions about international law and international legal process. Chapters 2, 3, and 4 examine the basic concepts of high seas freedoms, vessel nationality, and flag state jurisdiction. The next two chapters concern matters that are fundamental in determining the location of various coastal zones: baselines (Chapter 5), and principles and processes applicable to maritime boundary delimitations (Chapter 6). Although many substantive issues, e.g., fisheries, cut across different zones of coastal state sovereignty or jurisdiction, such zones have been of central importance in the law of the sea, and we explore them in Chapters 7 (internal waters), 8 (the territorial sea, contiguous zone, straits, and archipelagic waters), 9 (the exclusive economic zone), and 10 (the continental shelf). Chapter 11 then examines the regime governing mineral resources in the Area, i.e., the seabed beyond the limits of national jurisdiction, and the controversy over access to genetic material in the Area. In Chapters 12, 13, 14, and 15, we explore matters where new norms and institutions have transformed traditional practice. Chapter 12 concerns marine pollution and principles of international environmental law. Chapter 13 examines high seas fisheries and the roles of regional and global organizations in conserving and managing fish stocks that range across various zones of the oceans. In Chapter 14 the focus is on maritime security. Finally, Chapter 15 analyzes the dispute settlement system created by the 1982 United Nations Convention on the Law of the Sea. The Appendix includes the 1982 Convention on the Law of the Sea and the 1994 Part XI Implementation Agreement, so that students can have ready access to essential treaty material in one volume; other treaties are excerpted throughout the text.

ISBN:978-90-04-16990-6

Jaar van publicatie:2014

Trefwoorden:International law of the sea