The United Nations Convention on the Law of the Sea A System of Regulation

Published: October 2023

Open Access Content is available for this title: https://www.taylorfrancis.com/books/9780367673901

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.

List of Contributors

Preface 

1. Introduction to UNCLOS 1982 as a System of Regulation Kristina Siig, Birgit Feldtmann and Fenella M.W. Billing Part I Law and Order at Sea

2.The System of Law and Order at Sea under UNCLOS 1982 Birgit Feldtmann

3.‘Outlaw Oceans’ and ‘Lawless Seas’? Revisiting the high seas as a regulatory space under (and after) UNCLOS 1982 Richard Collins

4. Unmanned Vessels and the Multi-dimensional Concept of ‘Ship’ under UNCLOS 1982 Anna Petrig

5. The Law of the Sea and the Law of Naval Warfare: Comfortable intersection or irreconcilable conflict? David Letts

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

Part II UNCLOS 1982 and Human Rights

7. Human Rights from Within the UNCLOS System: An overview Fenella M. W. Billing

8. Flag States and Human Rights Protection: Obligations and justiciability under international human rights law Ulrike Fleth-Barten

9. Looking at the Case Law of the European Court of Human Rights through the Lens of the International Law of the Sea Fernando Loureiro Bastos

10. Remote Migration Control at Sea: Jurisdiction relating to joint or proxy interception in foreign waters or foreign search and rescue regions Jesper Lindholm

11. Interpretation of UNCLOS 1982 based on General Principles of Law: ‘Considerations of humanity’ in disembarkation of rescued refugees and migrants Fenella M. W. Billing

Part III UNCLOS 1982 and Private Actors

12. Private Actors as Co-regulators, Direct Addressees and/or Enforcers of the System of Regulation Governed by the Law of the Sea Kristina Siig

13. The Role of Industry Self-Regulation in International Maritime Law Christian Frier & Kim Østergaard

14. The Polar Code vs The International Safety Management Code: Do we need both? Hanna Barbara Rasmussen and Signe Jensen

15. Marine Insurance at Lloyd’s of London: Shaping and enforcing best management practices Anja Shortland

Part IV UNCLOS 1982 and Methodology

16. UNCLOS 1982 and its Instructions on Method Kristina Siig

17. As Time Goes By: A preliminary inquiry into the ‘object and purpose’ of the Law of the Sea Convention Liesbeth Lijnzaad

18. Modelling UNCLOS 1982: How to approach a complex convention? Kristina Siig

 Index