ABSTRACT

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 https://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial (CC-BY-NC) 4.0 license.

part One|92 pages

Law and Order at Sea

chapter 3|20 pages

‘Outlaw Oceans’ and ‘Lawless Seas’?

Revisiting the High Seas as a Regulatory Space Under (and After) UNCLOS 1982

chapter 5|19 pages

The Law of the Sea and the Law of Naval Warfare

Comfortable Intersection or Irreconcilable Conflict?

part Two|91 pages

UNCLOS 1982 and Human Rights

chapter 7|12 pages

Human Rights from Within the UNCLOS System

An Overview

chapter 8|20 pages

Flag States and Human Rights Protection

Obligations and Justiciability Under International Human Rights Law

chapter 10|20 pages

Remote Migration Control at Sea

Jurisdiction Relating to Joint or Proxy Interception in Foreign Waters or Foreign Search and Rescue Regions

chapter 11|20 pages

Interpretation of UNCLOS 1982 Based on General Principles of Law

‘Considerations of Humanity’ in Disembarkation of Rescued Refugees and Migrants

part Four|51 pages

UNCLOS 1982 and Methodology

chapter 17|18 pages

As Time Goes By

A Preliminary Inquiry Into the ‘Object and Purpose’ of the Law of the Sea Convention

chapter 18|18 pages

Modelling UNCLOS 1982

How to Approach a Complex Convention?