The United Nations Convention on the Law of the Sea 1st Edition by Kristina Siig, Birgit Feldtmann, Fenella M W Billing ISBN 9781000967289 100096728X

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ISBN 10: 100096728X

ISBN 13: 9781000967289

Author: Kristina Siig, Birgit Feldtmann, Fenella M.W. Billing

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.

Chapter 4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial (CC-BY-NC) 4.0 license.

Table of contents:

1. Introduction to UNCLOS 1982 as a System of Regulation

Part One: Law and Order at Sea

2. The System of Law and Order at Sea Under UNCLOS 1982

3. ‘Outlaw Oceans’ and ‘Lawless Seas’? Revisiting the High Seas as a Regulatory Space

4. Unmanned Vessels and the Multi-dimensional Concept of ‘Ship’

5. The Law of the Sea and the Law of Naval Warfare

6. Use of Force Against Pirates, Human Rights and the Law of the Sea

Part Two: UNCLOS 1982 and Human Rights

7. Human Rights from Within the UNCLOS System

8. Flag States and Human Rights Protection

9. Case Law of the European Court of Human Rights and the Law of the Sea

10. Remote Migration Control at Sea

11. Interpretation of UNCLOS 1982 and ‘Considerations of Humanity’

Part Three: UNCLOS 1982 and Private Actors

12. Private Actors and the System of Regulation

13. The Role of Industry Self-regulation in Maritime Law

14. The Polar Code vs The International Safety Management Code

15. Marine Insurance at Lloyd’s of London

Part Four: UNCLOS 1982 and Methodology

16. UNCLOS 1982 and Its Instructions on Method

17. A Preliminary Inquiry Into the ‘Object and Purpose’ of UNCLOS

18. Modelling UNCLOS 1982

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Tags: Kristina Siig, Birgit Feldtmann, Fenella M W Billing, United Nations, Convention, Law, Sea