1st Edition

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

328 Pages 3 B/W Illustrations
by Routledge

328 Pages 3 B/W Illustrations
by Routledge

328 Pages 3 B/W Illustrations
by Routledge

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... Read more

List of Contributors

Preface   

  1. Introduction to UNCLOS 1982 as a System of Regulation
  2. Kristina Siig, Birgit Feldtmann and Fenella M.W. Billing

     

    Part I Law and Order at Sea

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

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

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

  9. The Law of the Sea and the Law of Naval Warfare: Comfortable intersection or
  10. irreconcilable conflict?

    David Letts

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

     

    Part II UNCLOS 1982 and Human Rights

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

  15. Flag States and Human Rights Protection: Obligations and justiciability under international
  16. human rights law

    Ulrike Fleth-Barten

  17. Looking at the Case Law of the European Court of Human Rights through the Lens of the
  18. International Law of the Sea

    Fernando Loureiro Bastos

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

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

     

    Part III UNCLOS 1982 and Private Actors

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

    Kristina Siig

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

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

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

     

    Part IV UNCLOS 1982 and Methodology

  31. UNCLOS 1982 and its Instructions on Method
  32. Kristina Siig

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

    Liesbeth Lijnzaad

  35. Modelling UNCLOS 1982: How to approach a complex convention?

Kristina Siig

 

Index

Biography

Kristina Siig is Professor (WSR) of Private Law and Maritime Law, University of Southern Denmark, leader of the cross-faculty research cluster Blue SDU and specialises in maritime law and law of the sea from an interdisciplinary perspective. She is the Chairperson of the Task Force Scandinavian Star and teaches maritime contracts at the Scandinavian Institute of Maritime Law, Oslo.

Birgit Feldtmann is Professor (WSR) in criminal law, criminal procedure and international law enforcement at the Department of Law, Aalborg University, Denmark. She led the DFF2-research project Policing at Sea (PolSEA) under the Independent Research Fund Denmark. She is legal expert with the Contact Group on Piracy off the Coast of Somalia and Danish Institute against Torture.

Fenella M.W. Billing is Assistant Professor with the Department of Law, University of Southern Denmark. With a background in criminal prosecutions, her core research interests are state responsibility, transnational law enforcement and human rights, such as human rights in EU and comparative criminal justice, maritime law enforcement and border security.