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The United Nations Convention on the Law of the Sea: A System of Regulation

Edited by: Kristina Siig, Birgit Feldtmann, Fenella M.W. Billing

ISBN13: 9780367673901
Published: October 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans.

This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come.

As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.

Subjects:
Public International Law
Contents:
Preface   
Introduction to UNCLOS 1982 as a System of Regulation
Kristina Siig, Birgit Feldtmann and Fenella M.W. Billing

Part I. Law and Order at Sea
The System of Law and Order at Sea under UNCLOS 1982
Birgit Feldtmann
‘Outlaw Oceans’ and ‘Lawless Seas’? Revisiting the high seas as a regulatory space under (and after) UNCLOS 1982
Richard Collins
Unmanned Vessels and the Multi-dimensional Concept of ‘Ship’ under UNCLOS 1982
Anna Petrig
The Law of the Sea and the Law of Naval Warfare: Comfortable intersection or
irreconcilable conflict?
David Letts
Use of Force Against Pirates, Human Rights and the Law of the Sea
Kenneth Øhlenschlæger Buhl

Part II. UNCLOS 1982 and Human Rights
Human Rights from Within the UNCLOS System: An overview
Fenella M. W. Billing
Flag States and Human Rights Protection: Obligations and justiciability under international
human rights law
Ulrike Fleth-Barten
Looking at the Case Law of the European Court of Human Rights through the Lens of the
International Law of the Sea
Fernando Loureiro Bastos
Remote Migration Control at Sea: Jurisdiction relating to joint or proxy interception in
foreign waters or foreign search and rescue regions
Jesper Lindholm
Interpretation of UNCLOS 1982 based on General Principles of Law: ‘Considerations of
humanity’ in disembarkation of rescued refugees and migrants
Fenella M. W. Billing

Part III. UNCLOS 1982 and Private Actors
Private Actors as Co-regulators, Direct Addressees and/or Enforcers of the System of
Regulation Governed by the Law of the Sea
Kristina Siig
The Role of Industry Self-Regulation in International Maritime Law
Christian Frier & Kim Østergaard
The Polar Code vs The International Safety Management Code: Do we need both?
Hanna Barbara Rasmussen and Signe Jensen
Marine Insurance at Lloyd’s of London: Shaping and enforcing best management practices
Anja Shortland

Part IV. UNCLOS 1982 and Methodology
UNCLOS 1982 and its Instructions on Method
Kristina Siig
As Time Goes By: A preliminary inquiry into the ‘object and purpose’ of the Law of the Sea
Convention
Liesbeth Lijnzaad
Modelling UNCLOS 1982: How to approach a complex convention?
Kristina Siig

Index