A handbook on the new law of the sea. 2 (1991)René Jean Dupuy, Daniel Vignes The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects. |
Contents
Chapter 17 | 835 |
Chapter 19 | 878 |
Rules relating to the compatibility between freedom | 889 |
Warships and other ships on government service and | 899 |
Innocent passage | 906 |
Division B Rules peculiar to certain vessels | 924 |
The suspension of the exercise of the right of innocent | 935 |
Transit passage and archipelagic passage | 945 |
Restrictions on transfer of rights | 1448 |
CONTINENTAL SHELF | 1449 |
Rights of the coastal State over the continental shelf | 1450 |
ENCLOSED OR SEMIENCLOSED SEAS | 1462 |
Rights and legitimate interests of coastal States | 1466 |
Marine scientific research | 1467 |
Protection of the marine environment | 1468 |
Participation of developing States in activities in the Area | 1469 |
Limits imposed on the contents and application of | 967 |
SUBMARINE CABLES AND PIPELINES | 977 |
The United Nations Convention on the Law of the Sea | 983 |
FISHERIES AND BIOLOGICAL RESOURCES | 989 |
The development of the modern law of fisheries and bio | 999 |
internal waters territorial seas | 1034 |
Coastal State jurisdiction on fisheries beyond 12 miles | 1047 |
Chapter 20 | 1128 |
Chapter 21 | 1142 |
General provisions Arts 266269 | 1148 |
TOVALOP and CRISTAL plans | 1158 |
the 1984 Protocols | 1165 |
Division B Oil spills response | 1180 |
International law governing the general preservation of | 1185 |
Classification of the rules | 1192 |
The international liability of States for damage to | 1213 |
The contribution made by the Convention on the | 1221 |
General conclusion | 1230 |
The law of the sea and military activities | 1247 |
Disarmament and naval arms regulations | 1258 |
Division F United Nations | 1269 |
The denuclearization of the sea | 1296 |
Nuclearweaponfree zones | 1306 |
Confidencebuilding measures and measures intended | 1313 |
Chapter 24 | 1319 |
The behaviour of belligerents and the legitimate exercise | 1325 |
SETTLEMENT OF DISPUTES | 1333 |
Conciliation procedure | 1350 |
Settlement procedures entailing binding decisions | 1358 |
The theory of law of the sea dispute settlement pro | 1374 |
Appendices | 1403 |
PREAMBLE | 1423 |
ARCHIPELAGIC STATES | 1437 |
Measurement of the breadth of the territorial sea the contiguous zone the exclusive economic zone and the continental shelf | 1438 |
Right of archipelagic sea lanes passage | 1439 |
Duties of ships and aircraft during their passage re search and survey activities duties of the archipelagic State and laws and regulations of the archipe... | 1440 |
Rights and duties of other States in the exclusive economic zone | 1441 |
Conservation of the living resources | 1442 |
Utilization of the living resources | 1443 |
Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyon... | 1444 |
Catadromous species | 1445 |
Right of landlocked States | 1446 |
Nonapplicability of articles 69 and 70 | 1447 |
Production policies | 1470 |
Exercise of powers and functions by the Authority | 1473 |
The Review Conference | 1474 |
The Authority | 1475 |
Subsection B The Assembly | 1476 |
Powers and functions | 1477 |
The Council | 1478 |
Powers and functions | 1480 |
Organs of the Council | 1482 |
The Economic Planning Commission | 1483 |
The Legal and Technical Commission | 1484 |
The Secretariat | 1485 |
The staff of the Authority | 1486 |
Subsection E The Enterprise | 1487 |
Annual budget of the Authority | 1488 |
Scientific research installations or equipment in the marine | 1515 |
Provisional measures | 1523 |
Prompt release of vessels and crews | 1524 |
Exhaustion of local remedies | 1525 |
Optional exceptions to applicability of section 2 | 1526 |
Right of the parties to agree upon a procedure | 1527 |
GENERAL PROVISIONS | 1528 |
FINAL PROVISIONS | 1529 |
Reservations and exceptions | 1530 |
Amendment | 1531 |
Signature ratification of accession to and authentic texts of amendments | 1532 |
Denunciation | 1533 |
Authentic texts | 1534 |
HIGHLY MIGRATORY SPECIES | 1535 |
BASIC CONDITIONS OF PROSPECTING EXPLORATION AND EXPLOI TATION | 1537 |
Exploration and exploitation | 1538 |
Transfer of technology | 1539 |
Approval of plans of work | 1541 |
ARBITRATION | 1574 |
PARTICIPATION BY INTERNATIONAL ORGANIZATIONS | 1580 |
Participation in the Conference | 1587 |
Notes to the Final Act | 1596 |
Tribute to Simón Bolívar the Liberator | 1610 |
TABLE OF SIGNATURES AND RATIFICATIONS AS OF 31 DECEMBER 1990 | 1619 |
Bibliography | 1625 |
1655 | |
Common terms and phrases
12 miles 1982 Convention according adopted agreements aircraft Amoco Cadiz apply archipelagic areas Articles 69 biological resources co-operation coastal State's competence concerning conservation continental shelf customary law damage droit international dumping established exclusive economic zone exercise exploitation fishery zone fishing flag footnote foreign vessels freedom of navigation Geneva Conference Geneva Convention high seas ibid innocent passage inter alia internal waters International Law Commission jurisdiction laws and regulations limit living resources marine environment maritime measures nautical miles naval nuclear weapons obligation Ocean Official Records overflight paragraph particular Parties pollution port powers practice prevent principle prohibition proposal protection Protocol provisions regard régime right of innocent right of transit rules sea lanes sovereign rights sovereignty specific straits submarine cables supra territorial sea territorial waters Third UN Conference Third United Nations tion Torrey Canyon transit passage Treaty UNCLOS United Nations Conference USSR