ABSTRACT

This chapter discusses the development of the UN Convention of the Law of the Sea (UNCLOS) based on the hermeneutic methodology introduced in the previous chapter. It focuses on the drafting of the convention text, especially the delineation of maritime zones as represented in Article 76 of UNCLOS. As a way to make sense of the convention, the chapter argues that the law of the sea “works” along the lines of August Comte’s theory of society. It emphasises the role of experts and scientific knowledge as steering mechanisms for society, yet at the detriment of political debate. It is held that an interpretive reconstruction of the Law of the Sea can help scholars of global governance identify access points for institutional design.