Fundamental Principles governing the International Law of the Sea.

Interdisciplinary Journal of Research and Development

The development of the public international law of the sea is considered a legal element inseparable from the historical-legal process of the adoption and development of international law in general. Although the basic concepts of general maritime legislation are found in the customary maritime law of ancient Rome and Greece, as well as in the rules of medieval maritime codes created by Hispanic, Italian, and English city-states between the 11th and XVth centuries in Europe, the law of the sea in the contemporary sense of the term, was adopted as a result of interrelations between European states with maritime interests during the period known as the modern or post-medieval era of history. International law of the sea, as it is considered today, developed only when the necessity of the creation of independent territorial states enabled the true development of international relations in Europe. This radical change in the international system, the beginnings of which can be found in t...

The law of the sea is a complex and fascinating subject. This textbook explores the subject from the perspective of public international law, covering all the key topics from the legal regimes governing the different jurisdictional zones, to international cooperation for protection of the marine environment. Students interested in international environmental and natural resources law will also i nd chapters on emerging issues such as the conservation and the protection of natural resources and biodiversity in the oceans. Combining clarity of expression with engaging academic analysis, this is required reading for all students of the subject.

Sea is a large body of water that is surrounded by the land. It is a crucial part of human trade and commerce, voyage, mineral extraction, power generation and is also considered as an essential source of blue economy nowadays. International law of the sea is a law of maritime space that peacefully settles the global disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones as well as the rights and obligations of the coastal States in these zones, especially with regard to the conservation of marine environment and biodiversity. The key objective of this piece of academic research is to demonstrate a brief overview of the international law of the sea with a special emphasize on the sources and legal framework of this law. This study also strives to focus the civil and criminal liability, jurisdictions, rights and obligations of the coastal states with regard to the different maritime zones. Furthermore this study delineates the rules and extent of using these maritime zones in the light of various treaty provisions on the international law of the sea where different adjudicated cases are also presented along with a profound scrutiny upon their fact, issues, judgment and reasoning.

THE PRINCIPLE OF THE FREEDOM OF THE SEAS, 2023

Journal of Law and Policy, 2022

The management of the oceans was caught in the tangle of claims, marine pollution, demands for lucrative fish stocks in coastal waters and adjacent seas, tension between coastal nations' rights to these resources and those of distant-water fishermen, the prospects of a rich harvest of resources on the sea floor and the increased presence of maritime powers. These threatened to transform the oceans into another arena for conflict and instability. The United Nations Convention on the Law of the Sea 1982 (UNCLOS) provided for peaceful means of settlement of conflicts through diplomatic means in line with the United Nations Charter and governed all aspects of ocean space, defined the rights and responsibilities of nations with respect to their use of the world's oceans, delimited maritime zones, laid down guidelines for businesses, environment, management of marine natural resources and established institutions. This paper looked at the history and development of the Law of the Sea. The doctrinal research methodology is adopted. The paper is divided six parts: introductory issues, historical overview of the Law of the Sea, Scope of UNCLOS, legal and institutional framework of the Law of the Sea and concluding remarks. The paper recommended effective implementation of UNCLOS for the benefit of mankind.

The Law of the Sea reflects the competing interests of Nations over the resources of the oceans since humanity first set forth upon the seas. The sovereign control over the oceans has been an ongoing concern prior to the 20th century under the concept of Mare Liberium and Mare Clausum. This principles developed and limited national rights and jurisdiction over a narrow band of water along a nations’ coast, with the rest of the sea free to all and belonging to none. With the technological developments of the 21st century which allows the exploitation of ocean resources that had never before been envisioned and accessible, there was a need to preserve the High Seas with its unimaginable rich resources as the common Heritage of Mankind. Nations began to negotiate their interests in the oceans and a universal regime known as UNCLOS III was agreed upon. These events display the fine blend of applied international law, politics and selfish economic interests as related in notable decisions of the ICJ. Today, there are new issues to be dealt with starting with pollution, the inevitable and intensive exploitation of high seas in the face of the 1994 Implementation Agreement, increasing jurisdictional claims amongst others. This research work analyses the making of UNCLOS III, dispute settlement mechanism, sustainable use of the oceans and the Nigerian Maritime Sector. This research work concludes with the arguments whether or not UNCLOS III has come to stay as the world legal order on the sea and proffer recommendations.

IMLI Manual on International Maritime Law. The Law of the Sea, 2014

This article illustrates with brevity the entire codification process of the International law of the Sea and it's gradual development. I have exerted to articulate different phases of the development of the sea law starting from the intial 16th Century Hugo Grotius rules which introduced "Mare Liberum" or "Freedom of the Sea" & how this principle of open sea transcended to the adoption of UNCLOS (1,II, & III) and ultimately the LOSC 1982 (Law of the Sea Convention) which is conventionally known as the constitution of sea..