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Praise for The Law of the Sea
""The law of the sea can be most warmly recommended as a key aid to the understanding of
contemporary international law on the uses of maritime space""
— International Affairs""Should remain a standard work... highly recommended""
— Choice""Strikes a successful balance between analysis and discussion on the one hand, and between
conciseness and detail on the other. Clarity is not achieved at the expense of completeness;
uncertainties and complexities are not skirted over for the sake of simplicity ... it will be a
valuable assistance to teachers and a great relief to students""
— Marine Policy""Excellent ... clear exposition of the law of the sea.""
— Cambridge Law Journal""Retains its pre-eminence ... crafted precisely and carefully. Will remain at the front of
the bookshelves""
— The Law Society's Gazette
""In the 3rd edition of the Law of the Sea, R.R. Churchill and A.V. Lowe provide an excellent
introduction to international public maritime law that is suitable for undergraduate courses and
as general reading on the subject.""
— Environment and Development Economics
About the Authors:
Robin Churchillhas been a member of staff at the University of Wales, Cardiff Law School since 1977 and is currently a Professor and Director of the LL.M in Legal Aspects of Marine Affairs. Before he came to Cardiff he was a research officer ininternational law at the British Institute of International and Comparative Law. From 1983-84 he was a visiting lecturer at the University of Tromso, Norway. His main research interests are the law of the sea and international environmental law, on both of which he has written widely. His books include Marine Management in Disputed Areas: The Case of the Barents Sea (with G. Ulfstein) and EEC Fisheries Law. He has published numerous articles in academic journals. Among his academic activities outside the Law School, Professor Churchill is a member of the editorial boards of the International Journal of Marine and Coastal Law and the Journal of International Wildlife Law and Policy and a member of the Legal Affairs Committee of the Welsh Centre for International Affairs. He has also acted as a consultant/adviser to various environmental and fishermen’s organizations.
Vaughan Lowe is the Chichele Professor of Public International Law and a Fellow of All Souls College, University of Oxford. He was formerly Reader in International Law and a Fellow of Corpus Christi College in the University of Cambridge and has taught at the Universities of Cardiff and Manchester and in the USA. He practices as a barrister from Essex Court Chambers, London. He has advised governments and corporations on matters of international law, and is the author of many books and articles on the subject, of which the most recent is The Settlement of International Disputes (OUP, 1999; with John Collier).
Scope of the book
Early development of the subject
Sources of the modem law of the sea
Attempts at codification
International organisations
The present legal regime
Introduction
The normal baseline
Straight baselines
Bays
River mouths
Harbour works
Low-tide elevations
Islands
Reefs
Charts and publicity
Present-day customary international law relating to
baselines
Validity of baselines
Definition
Legal status
The right of access to ports and other internal
waters
Jurisdiction in internal waters
Development of the concept
Legal status of the bed, subsoil and superjacent air
space of the
territorial sea
The breadth of the territorial sea
The right of innocent passage
Rights and duties of the coastal State
Definition
The regime under customary law and the Territorial Sea
Convention
The regime under the Law of the Sea Convention
The LOSC regime and customary law
Special regimes
Development of a special regime for
archipelagos
Definition of an archipelago and an archipelagic
State
Archipelagic baselines
Archipelagic waters
Customary international law
Conclusions
Development of the concept
Breadth of the contiguous zone
Legal status of the contiguous zone
Introduction
The legal status of the continental shelf
The seaward limit of the continental shelf
The continental shelves of islands
The rights and duties of the coastal State
Non-independent territories
Evolution of the EEZ
Delimitation of the EEZ
The legal status of the EEZ
The rights and duties of the coastal State in the
EEZ
The rights and duties of other States in the
EEZ
Relationship between the rights of the coastal State and the
rights of other States
The attribution of other rights in the EEZ
Significance of the EEZ
Introduction
Territorial sea boundaries
Continental shelf and EEZ boundaries
State practice on delimitation
Co-operative arrangements
Introduction
Definition
The legal status of the high seas
Freedom of the high seas
Jurisdiction on the high seas
Introduction
The background to the Law of the Sea Convention
provisions
Resolutions I and II: preparatory investment
protection
The Reciprocating States Regime
PrepCom, the LOSC regime and the 1994 Implementation
Agreement
Principles of the Law of the Sea Convention
regime
The International Sea Bed Authority
The system of exploitation
The common heritage
Introduction
Nationality of ships
Rights of navigation
Safety of shipping
Evaluation of IMO conventions
Other IMO conventions
Background to the international law of
fisheries
International fisheries law prior to the
mid-1970s
Developments since the mid-1970s
The fisheries regime of the EEZ
The management of shared stocks
The regulation of fishing on the high seas
Straddling stocks
Rules for particular species
Conclusions
The Marine Environment
Introduction
Sources of marine pollution
Marine pollutants
The framework of international law relating to marine
pollution
Pollution from ships
Dumping
Pollution from sea-bed activities within national
jurisdiction
Pollution from mining in the international sea bed
area
Land-based sources of marine pollution
Atmospheric pollution
Protection of special areas
Other matters
Conclusions
16 Marine Scientific Research And The Transfer Of
Technology
Scope of the competence to conduct marine scientific
research
The legal status of research
installations
International co-operation in marine scientific
research
The transfer of marine technology
Introduction
The law of the sea and laws of war
Military uses of the sea in peacetime
Special treaties concerning military uses
Demilitarisation of the seas
Introduction
The access of landlocked and geographically
disadvantaged States
to marine resources
The access of landlocked States to the
sea
Settlement of disputes under general international
law
Settlement of disputes under the Law of the Sea
Convention
General principles applicable in dispute
settlement
Appendix 1 Claims to maritime zones
Appendix 2 Ratifications of the UN Convention on the
Law of the Sea,
its
Implementation Agreements and the Geneva
Conventions
Index
Overview
Praise for The Law of the Sea