International Relations Law of the Sea
by
Corine Wood Donnelly
  • LAST REVIEWED: 15 November 2016
  • LAST MODIFIED: 02 March 2011
  • DOI: 10.1093/obo/9780199743292-0029

Introduction

The law of the sea is a living component of international public law and domestic law. The historical foundations of the modern regime of maritime law date back to the debate between the Dutch jurist Hugo Grotius and the English jurist John Selden, who deliberated over the nature of the sea and its ability to be controlled by man through acts of sovereignty. Those deliberations continue to be reflected in contemporary debates of the law of sea; only the nature and focus of the debate have changed and the debate has turned from theoretical discourse to a decidedly technical discussion. Contemporary discourse focuses on specialized topics, including the continental shelf, exclusive economic zones, pollution, and resources of the sea, which have been presented in the single document of the United Nations Convention on the Law of the Sea. The law of the sea has received much attention since the early 20th century, seeing several “generations” of international maritime law with UNCLOS Conventions presented in 1958 and 1960, finally culminating in the 1982 United Nations Convention on the Law of the Sea, which entered into force in 1994. With the international ratification of this convention, its regulations have become the guidelines for oceans today. This bibliography represents the discourse of specialized topics of maritime law found within UNCLOS III, the contemporary legal framework for the law of the sea, including the growing relevance of dispute settlement necessary as states seek to apply the convention to their maritime activities.

General Overviews

United Nations 1982 provides the primary framework for contemporary maritime law; however, there are many supplemental overviews that prove useful in a discussion of the entirety of the law of the sea. Glassner 1990, Mangone 1981, and Wang 1992 offer overviews on the theoretical developments of the conceptual ideas found in maritime law. The narrative delivered by Eiriksson 2000 provides an overview of tribunal process for the resolution of disputes, while Knight and Chiu 1991delivers a collection of essential primary source documents and case notes. Finally, O’Connell 1984 describes the nature of the political development of the law of the sea, providing valuable insight into the forces in the evolution of international law, and Vincent 2008 offers, in addition to a basic presentation of the law of the sea, insights on the policy of the European Community.

  • Eiriksson, Gudmundur. The International Tribunal for the Law of the Sea. The Hague: Martinus Nijhoff, 2000.

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    A guide to the creation of an international tribunal under UNCLOS III for the settlement of disputes between states pertaining to the law of the sea. Examines the organization, jurisdiction, applicable law, and procedure of the international tribunal in its international context.

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    • Glassner, Martin Ira. Neptune’s Domain: A Political Geography of the Sea. London: Unwin Hyman, 1990.

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      The author provides an overview of the law of the sea, including UNCLOS III, maritime zones, special zones, and different uses of the sea from the perspective of a political geographer. The main themes include: how use of the sea is regulated, legal jurisdiction, and the rules for using the sea.

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      • Knight, Gary, and Hungdah Chiu. The International Law of the Sea: Cases, Documents, and Readings. London: Elsevier, 1991.

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        This is an annotated discussion of the law of the sea; it covers many topics, including the nature of oceans and their jurisdictional zones, a history of and sources for the law of the sea, the high seas, continental shelf, the Exclusive Economic Zone (EEZ), among others. It also discusses the settlement of disputes and the law of warfare at sea.

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        • Mangone, Gerard J. Law for the World Ocean. London: Steven & Sons, 1981.

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          Based on a lecture series delivered at the University of Calcutta, this book examines legal theory and the uses of the sea, international law and naval forces, merchant marines, fisheries, exploitation of the seabed, and protection of the marine environment.

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          • O’Connell, D. P. International Law of the Sea. 2 vols. Oxford: Clarendon, 1982–1984.

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            Considered a major contribution to the discussion of the law of the sea, these volumes provide a comprehensive analysis of the legal principles and doctrines that have developed in the international law of the sea. They provide insight into political and legal influences that have been prominent over the last several hundred years.

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            • United Nations. United Nations Convention on the Law of the Sea. 10 December 1982.

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              Includes the entirety of documents and overviews of the United Nations as related to UNCLOS. This includes translations of the convention in English, French, Arabic, Chinese, Spanish, and Russian. Contains components of the historical development of the convention, as well as its current status, implementing agreements, and settlement of disputes mechanism.

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              • Vincent, Philippe. Droit de la Mer. Brussels: Larcier, 2008.

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                Provides fundamental explanations of the basic components of the law of the sea, including continental shelf and territorial waters. Focuses on four areas: the law of the sea, the marine environment, management of biological resources, and European Community policy.

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                • Wang, James C. F. Handbook on Ocean Politics & Law. Westport, CT: Greenwood, 1992.

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                  Offers a general overview of the categories of ocean law, including the development of international principles, living and nonliving resources, and deep seabed mining, as well as marine pollution and regional arrangements for its prevention. Also includes chapters on military uses of the ocean, navigation, communication, and scientific research.

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                  Classical Texts and Overviews of Them

                  In addition to Ashburner 2001, which covers a wide time span on the development of the law of the sea during the Byzantine Empire and Rhodian sea law, and Grotius 1916 and Selden 2003, foundational texts that offer differing conclusions in the comprehension of modern debates on the sovereignty of ocean spaces, there are a variety of works for consideration. Anand 1983 examines the historical development of the law of the sea by considering these historic texts, and Reddie 1844 provides coverage of international maritime law in western Europe during the early 19th century.

                  • Anand. R. P. Origin and Development of the Law of the Sea: History of International Law Revisited. The Hague: Martinus Nijhoff, 1983.

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                    This book addresses the development of the international law of the sea as a product of the needs of civilization. It covers the historical development beginning with Grotius’s Mare Liberum, which developed into the concept of the freedom of the seas. The author also presents Grotius’s debate with Selden and his argument for maritime sovereignty, and analyzes the conceptual tug of war that modern challenges have brought to the concept of freedom of the sea.

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                    • Ashburner, Walter. Rhodian Sea-Law. 3d ed. Union, NJ: Lawbook Exchange, 2001.

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                      A collection of law statutes from the Byzantine Empire. Rhodian sea law is considered as the foundation for many aspects of contemporary maritime law of commercial trade and navigation, including the area of liability for wrecked ships and cargo and the development of early laws on piracy. This text is a compendium of documents from the Basilica and from the decrees of emperors, translated from their original Latin and Greek languages.

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                      • Grotius, Hugo. The Freedom of the Seas or The Right Which Belongs to the Dutch to Take Part in the East Indian Trade. Edited by James Brown Scott. Oxford: Oxford University Press, 1916.

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                        Translated from Latin and originally published in 1608, in Mare Liberum Grotius argues on behalf of Dutch traders for the freedom of the seas, and against the Portuguese claim of sovereignty of the waters of East India. Foundational text for the law of the sea, promoting the concept of the freedom of the seas.

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                        • O’Connell, D. P. The Influence of Law on Sea Power. Manchester, UK: Manchester University Press, 1975.

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                          This text provides a historical analysis of the development of sea power as determined by international law and the interests of those wielding such power. This includes the determination and purpose of the original conceptions of the freedom of the seas and the development of territorial waters.

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                          • Reddie, James. Researches, Historical and Critical, in Maritime International Law. Edinburgh: Thomas Clark Law, 1844.

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                            Presents the international maritime laws of Great Britain and France, including state practice, treaties, and conventions from the period of the Peace of Amiens in 1803, to the Treaty of Paris of 1815, and of the “common consuetudinary maritime law of nations” of the early 19th century, from a compilation of the systematic works of international jurists, reviewing specific works individually.

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                            • Selden, John. Of the Dominion, or Ownership of the Sea. Edited by Marchamont Nedham. Union, NJ: Lawbook Exchange, 2003.

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                              Originally published in Latin in 1635, Mare Clausum is a reply to Grotius, arguing against the freedom of the seas and the right of the English to sovereign waters as a defense and economic barrier. This response coupled with Mare Liberum frames the centuries-long debate over the freedom of the seas.

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                              Cases and Primary Materials

                              Reference materials differ from general overviews and textbooks in their presentation of the materials of the law of sea. Reference works of international law provide collections of overview materials, including primary documents, case materials, and reports of proceedings, whereas overviews and textbooks contain discussions of the materials. Some reference materials, such as Klein 2005 and Nordquist 2002, focus on specialized topics of maritime law. Others, including Brown 1994a, Brown 1994b, and Churchill and Lowe 1983, provide compendiums of primary documents available as of 2010.

                              • Brown, E. D. The International Law of the Sea. Vol. 1, Introductory Manual. Brookfield, VT: Dartmouth, 1994a.

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                                Scope of study includes recent developments in the law of the sea placed in historical perspective. Includes most essential cases, statutes, treaties, and tables on the law of the sea.

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                                • Brown, E. D. The International Law of the Sea. Vol. 2, Documents, Cases, and Tables. Brookfield, VT: Dartmouth, 1994b.

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                                  A companion to Brown 1994a, this volume continues the comprehensive collection of cases, statutes, and other municipal instruments and treaties, beginning with UNCLOS 1982.

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                                  • Churchill, R. R., and A. V. Lowe. The Law of the Sea. Manchester, UK: Manchester University Press, 1983.

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                                    Including a lengthy list of cases and incidents, this book introduces the law of the sea through an analysis of the law and describes its relationship to specific issues and concepts. It includes the rules for baselines, internal waters, and delimitation of the territorial sea, straits, archipelagos, and the contiguous zone. It also describes the evolution of the continental shelf, the exclusive economic zone, and the international seabed area.

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                                    • International Tribunal for the Law of the Sea, ed. Reports of Judgements, Advisory Opinions, and Orders. Vol. 3. The Hague: Kluwer Law International, 2002.

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                                      This volume contains all the orders, reports, and decisions of cases handled by the international tribunal for the year of 1999. Available in both English and French.

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                                      • Klein, Natalie. Dispute Settlement in the UN Convention on the Law of the Sea. Cambridge, UK: Cambridge University Press, 2005.

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                                        Discusses the instruments and procedure for dispute settlement provided in UNCLOS III and its limitation of exceptions of applicability. Gives special attention to deep seabed mining.

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                                        • Nordquist, Myron, ed. United Nations Convention on the Law of the Sea 1982. Norwell, MA: Kluwer Law International, 2002.

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                                          Provides a thorough commentary on the entirety of the proceedings of UNCLOS III, including the work of all the committees, the general provisions, and all primary categories of the law of the sea. Also offers documentary annexes to the proceedings.

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                                          Textbooks

                                          Most courses on the law of the sea will focus on the 1982 UNCLOS regime, and the textbooks used provide student-oriented lessons in learning to understand the law of the sea, including both the theoretical and technical elements of contemporary international public law. This tendency is reflected in Bernaerts 2006; Freestone, et al. 2006; and Gouvoneli 2008. Some textbooks, such as Loukacheva 2010, focus on specific regional issues. Both Churchill and Lowe 1999 and Lowe and Talmon 2009 are broad introductions to the law of the sea and its historical development and are suitable for beginning researchers on the law of the sea.

                                          • Bernaerts, Arnd. Bernaerts Guide to the 1982 United Nations Convention on the Law of the Sea. Victoria, BC: Trafford, 2006.

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                                            An introduction that begins with an essential history on the evolution of the law of the sea from 1945 to 1973. Analyzes not only the text of the 1982 UN Convention but also its effects on ocean policy and development. In addition, discusses the ratification and signatory processes.

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                                            • Churchill, Robin, and Vaughan Lowe. The Law of the Sea. 3d ed. Yonkers, NY: Juris, 1999.

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                                              An authoritative introduction to the law of the sea, including a survey of the UNCLOS regime of 1982, but also provides an overview of the customary international law from which UNCLOS developed. Concerns issues of public international law and not those of private maritime law.

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                                              • Freestone, David, Richard Barnes, and David Ong, eds. The Law of the Sea: Progress and Prospects. 4th ed. Oxford: Oxford University Press, 2006.

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                                                A critical review of UNCLOS 1982 in a collection of articles by leading academics. Topics cover a range of the contentious issues that law of the sea conventions had previously been unable to solve. Includes articles on the administration of the seabed, the role of the UN, and protection of undersea cultural heritage and biodiversity, among others.

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                                                • Gavouneli, Maria. Functional Jurisdiction in the Law of the Sea. Leiden, The Netherlands: Martinus Nijhoff, 2008.

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                                                  Examines whether the 1982 UNCLOS regime settles the decades of development on individual issues in the law of the sea or whether it strictly evolved to address the new needs of contemporary maritime jurisdiction. Provides a good overview of the structure of international maritime law.

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                                                  • Loukacheva, Natalia, ed. Polar Law Textbook. Copenhagen: Nordic Council of Ministers, 2010.

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                                                    Offers an introduction to polar law and the opposing governance regimes of the North and South Poles, including environmental protection, shipping, marine resources and development, indigenous issues, and Greenland. Available online.

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                                                    • Lowe, A. V., and S. A. G. Talmon, eds. The Legal Order of the Oceans: Basic Documents on the Law of the Sea. Oxford: Hart, 2009.

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                                                      A compendium of essential documents for the law of the sea and a good introduction to issues covered in maritime law. The primary source documents were issued by the International Maritime Organisation.

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                                                      • Sohn, Louis B., and Kristen Gustafson. The Law of the Sea in a Nutshell. St. Paul, MN: West, 1984.

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                                                        A basic introduction to the law of the sea. This book first focuses on a different set of conceptual maritime issues and then delves into the traditional focal items of the law of the sea. These include the nationality of vessels, rights and jurisdiction of ships at sea, both the duties of the flag state and the rights of states over foreign vessels and the freedom of the seas.

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                                                        Journals

                                                        Much recent research is published in journals dedicated to the interpretation and evolution of the law of the sea. The articles in these journals present current issues and problems within an interpretation of existing law as well as state policy, often suggesting possible solutions to the application of the law of the sea. Journals provide up-to-date discussions on developments in international law and often expand on the theoretical debates surrounding particular problems of application or interpretation of law. There are two subsections: North American Journals and International and Foreign-Language Journals.

                                                        North American Journals

                                                        The American Journal of International Law is considered a leading source and a major contributor to the discourse of international law. Others, such as the Harvard International Law Journal, The International Journal of Marine and Coastal Law, and the Loyola Maritime Law Journal, provide articles on many contemporary developments and issues in the law of the sea, while Ocean Development and International Law considers local issues and Ocean and Coastal Law Journal addresses the uses of maritime spaces.

                                                        International and Foreign-Language Journals

                                                        The European Journal of International Law is a major international law journal. Some journals, such as Marine Policy and Marine Policy & Management, specialize in policy related to maritime law from a British perspective, and the German Law Journal provides a German interpretation of legal developments. Finally, the Revue Générale de Droit International Public provides a French interpretation, and the Revue de Droit Maritime Tunisien approaches the subject from a North African/Arabic perspective.

                                                        Seabed and Ocean Floor

                                                        The issues of the seabed and ocean floor in the law of the sea are bound up in both legal and political debates. Anand 1976, Schmidt 1989, and Sematones 1982 discuss some of the political debate concerning the rights of developing countries and the concept of the common heritage of mankind. Brown 1984 and Post 1983 add to the discourse on legal explanations of the seabed regime, while Yuwen 1994 and Littman 1982 synthesize the development of deep-sea mining technology and its encounter with maritime law.

                                                        • Anand, R. P. Legal Regime of the Sea-Bed and the Developing Countries. Leiden, The Netherlands: Sijthoff, 1976.

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                                                          Describes the seabed as the “last frontier,” noting the promises and challenges of exploring this unknown dimension of the earth. Provides an analysis of the inadequacies of traditional law for addressing contemporary issues. Covers the resources of the ocean, the legal continental shelf, limits of national jurisdiction, and the seabed beyond national jurisdiction as a common heritage of mankind.

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                                                          • Brown, E. D. Sea-Bed Energy and Mineral Resources and the Law of the Sea. Vol. 1, The Areas within National Jurisdiction. London: Graham & Trotman, 1984.

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                                                            Examines all areas under national jurisdiction, including internal, territorial, and archipelagic waters; the contiguous and exclusive economic zones; and the continental shelf. Discusses particular issues: the Truman Proclamation, the North Sea, the Anglo-French, and Tunisia-Libya cases. Also looks at the state practice of delimitation between opposite and adjacent coasts since 1969.

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                                                            • Littman, M., ed. The Technical-Legal Aspects of Sea-Bed Mining. London: Society for Underwater Technology, 1982.

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                                                              A selection of papers from experts in deep-sea mining on a variety of topics, including a survey of manganese nodules, technological developments, and reports on UNCLOS III.

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                                                              • Post, Alexandra Merle. Deepsea Mining and the Law of the Sea. The Hague: Martinus Nijhoff, 1983.

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                                                                The author analyzes the parameters of ocean mining, including the geological, technological, economic, environmental, historical, theoretical, and political issues. She also discusses the risks of deep-sea mining and the different options for models of a legal regime.

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                                                                • Schmidt, Markus G. Common Heritage or Common Burden? The United States Position on the Development of a Regime for Deep Sea-Bed Mining in the Law of the Sea Convention. Oxford: Clarendon, 1989.

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                                                                  An examination of the disputes surrounding the deep seabed regime over ocean resources and the US role in the Third UN Conference on the Law of the Sea. Also covers US seabed politics from 1973 to 1988. This presents international relations’ perspective on the law of the sea.

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                                                                  • Sematones, Pamela. The Role of Politics and International Law in Sea-Bed Mining. San Diego, CA: Society of Naval Architects and Marine Engineers, University of San Diego, 1982.

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                                                                    A discussion of seabed mining as a global issue. Analyzes the economics of seabed resources and international conflicts and compromises. Reports on the ambitious nature of the UN Law of the Sea given the overriding issues of jurisdiction and sovereignty.

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                                                                    • Yuwen, Li. Transfer of Technology for Deep Sea-Bed Mining: The 1982 Law of the Sea Convention and Beyond. Dordrecht, The Netherlands: Martinus Nijhoff, 1994.

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                                                                      The author provides in-depth discussion on the legal statutes related to deep seabed mineral resources, highlighting that the advent of status dilemma for these resources has developed due to modern technological capability. There are not only issues of national legislation but also issues of uneven development in technology between developed and less developed nations.

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                                                                      Continental Shelf

                                                                      The continental shelf regime provides literature from a plethora of perspectives and the literature here represents those varied angles. Cook and Carleton 2000 and Nordquist, et al. 2004 approach the topic by analyzing the scientific requirements found in the UNCLOS regime. Mouton 1952 presents a historical analysis of the development of the concept of the continental shelf, while Research Centre for International Law 1992a and Research Centre for International Law 1992b provide primary case materials for continental shelf cases.

                                                                      • Cook, Peter J., and Chris M. Carleton. Continental Shelf Limits: The Scientific and Legal Interface. Oxford: Oxford University Press, 2000.

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                                                                        The provisions of UNCLOS III for determining the outer limits of the continental shelf include a great complexity of scientific parameters for measurement. This book is intended as a “practical” manual for the legal community to better interpret the scientific language of the jurisdictional requirements of the law of the sea. Includes chapters on geodetic techniques, bathymetry, seismic reflection and refraction methods, gravity and magnetic methods, and geological techniques.

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                                                                        • Mouton, M. W. The Continental Shelf. The Hague: Martinus Nijhoff, 1952.

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                                                                          An examination of the concepts and legal developments of the continental shelf prior to the UNCLOS regime. Viewed through the prism of the Truman Proclamation and the problems associated with the ability to exploit the resources of the subsoil of the continental shelf. Includes a discussion of fisheries, high seas and navigation, mineral resources, and offshore drilling.

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                                                                          • Nordquist, Myron H., John Norton Moore, and Tomas H. Heidar, eds. Legal and Scientific Aspects of Continental Shelf Limits. Leiden, The Netherlands: Martinus Nijhoff, 2004.

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                                                                            Covers specific scientific aspects of the seas, including geomorphology, geology, ridge issues, and shelf resources, combined with the legal issues of jurisdiction, delimitation, and continuing debates over the continental shelf. Discusses the challenges of international ocean governance.

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                                                                            • Research Centre for International Law. International Boundary Cases: The Continental Shelf. Vol. 1. Cambridge, UK: Grotius, 1992a.

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                                                                              An excellent resource for primary source materials on boundary cases of the continental shelf. Deals with the decisions and awards of international tribunals. Includes an explanatory introduction on the development of key concepts, including the continental shelf, assertion of sovereign rights, and equity in delimitation. Case studies include the North Sea continental shelf, Abu Dhabi arbitration, Anglo-French continental shelf, Aegean Sea continental shelf, Jan Mayen continental shelf, and the Gulf of Maine.

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                                                                              • Research Centre for International Law. International Boundary Cases: The Continental Shelf. Vol. 2. Cambridge, UK: Grotius, 1992b.

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                                                                                A continuation of the primary source materials found in Research Centre for International Law 1992a. Contains materials on the Tunisia/Libyan Arab Jamahiriya continental shelf case.

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                                                                                The Exclusive Economic Zone

                                                                                The Exclusive Economic Zone (EEZ) is a modern development of international maritime law and represents an area of right of the legal exploitation of resources of the sea within its boundaries. Attard 1987, Extavour 1978, Kwiatkowska 1989, and Vicuña 1989 discuss the complexities of the historical political and economic development of the regime for the EEZ. Smith and Docherty 1989 and Vicuña 1984 provide analysis of the regime from regional perspectives, and Smith 1986 offers a collection of primary sources documents and cases on delimitation of the EEZ.

                                                                                • Attard, David Joseph. The Exclusive Economic Zone in International Law. Oxford: Clarendon, 1987.

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                                                                                  The author discusses the significance of the historical development of the Exclusive Economic Zone leading to the 1982 convention and provides a detailed structure of the regime in contemporary law. It also compares the relationship of the EEZ to other legal maritime regimes.

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                                                                                  • Extavour, Winston Conrad. The Exclusive Economic Zone: A Study of the Evolution and Progressive Development of the International Law of the Sea. Geneva, Switzerland: Institut Universitaire de Haute Etudes Internationales, 1978.

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                                                                                    An assessment rather than an analysis of the rules of the Exclusive Economic Zone predicted to emerge out of the developing UNCLOS III regime. Discusses the origins of coastal state jurisdiction in adjacent waters and the genesis of the codification of the concept of EEZ. Also reflects on the rights and duties of other states in adjacent zones.

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                                                                                    • Kwiatkowska, Barbara. The 200 Mile Exclusive Economic Zone in the New Law of the Sea. Dordrecht, The Netherlands: Martinus Nijhoff, 1989.

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                                                                                      Demonstrates the increasing importance of UNCLOS III and its role in international relations and influence on global economy. Examines the character of the Exclusive Economic Zone and questions related to its jurisdictional framework. Uses the theory of parallelism between legal regimes to analyze other components of the law of the sea.

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                                                                                      • Smith, A. J., and J. I. C. Docherty. Exclusive Economic Zones: British Dependencies and Non-Living Resources. Bedford, UK: BHRA Information Services, 1989.

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                                                                                        An examination of the potential economic significance of the resources contained in the EEZs for developing and developed countries. Concentrates on resources related to British dependencies, including Gibraltar, the British Virgin Islands, Cayman Islands, and the Falklands, among others.

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                                                                                        • Smith, Robert W. Exclusive Economic Zone Claims: An Analysis and Primary Documents. Dordrecht, The Netherlands: Martinus Nijhoff, 1986.

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                                                                                          Provides an analysis of trends in national maritime and EEZ claims according to state practice and UNCLOS III. Contains primary documents on over seventy laws and decrees from a variety of states, including Cuba, France, Pakistan, the former Soviet Union, and Vietnam, to name a few.

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                                                                                          • Vicuña, Francisco Orrego. The Exclusive Economic Zone: A Latin American Perspective. Epping, UK: Bowker, 1984.

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                                                                                            The author discusses the foundations of the Exclusive Economic Zone and its incorporation into international law. Also provides an analysis of whether jurisdiction of the economic zone is, in reality, a projection of power into the adjacent maritime areas and discusses the impetus for the first declaration of intent regarding the economic zones.

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                                                                                            • Vicuña, Francisco Orrego. The Exclusive Economic Zone: Regime and Legal Nature Under International Law. Cambridge, UK: Cambridge University Press, 1989.

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                                                                                              Provides an explanation of the origins and development of the concept of an EEZ. Identifies factors that have shaped its legal nature, including questions of navigation, overflight, and military uses.

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                                                                                              Fisheries

                                                                                              Many conflicts have developed over the fish in the sea, rights of access to seafood, and overfishing of resources. This area is complicated further by the simple fact that for fish there are no national boundaries, and national economies depend on fish stocks. Symes 1998 and Stokke 2001 provide an analysis of the complexities of the politics of fisheries, and Dahmani 1987 focuses specifically on fisheries within the EEZ. For comprehensive legal approaches to the fisheries regimes, consult Burke 1994 and United Nations 1992. De Yturriaga 1997 gives an excellent historical overview of the development of fisheries.

                                                                                              • Burke, William T. The New International Law of Fisheries: UNCLOS 1982 and Beyond. Oxford: Clarendon. 1994.

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                                                                                                Provides specialist knowledge of the legal aspects of the fisheries as developed in UNCLOS 1982. Devoted specifically to coastal species, high seas fisheries, anadromous species, highly migratory species, and marine mammals. Includes coverage of legal enforcement of claims and counterclaims.

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                                                                                                • Dahmani, M. The Fisheries Regime of the Exclusive Economic Zone. Dordrecht, The Netherlands: Martinis Nijhoff, 1987.

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                                                                                                  Discusses the authority of the coastal state in regulating and exploiting fishery resources in the Exclusive Economic Zone. Details the arguments on fishery conservation and the “right” of the coast state to deplete stocks within its jurisdiction. Also discusses problems of international conflicts in the EEZ.

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                                                                                                  • De Yturriaga, José A. The International Regime of Fisheries from UNCLOS 1982 to the Presential Sea. The Hague: Martinus Nijhoff, 1997.

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                                                                                                    A discussion of fisheries beyond the territorial sea. Also addresses the historical development of the fisheries regime beginning with The Hague Codification Conference and the Truman Proclamation, and culminates in a description of the governance of fisheries in UNCLOS 1982.

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                                                                                                    • Stokke, Olav Schram, ed. Governing High Seas Fisheries: The Interplay of Global and Regional Regimes. Oxford: Oxford University Press, 2001.

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                                                                                                      A collection of articles by prominent experts on fisheries issues, including Francisco Orrego Vicuna, Budislav Vukas and Davor Vidas, Alan Boyle, David A. Balton, and Alex G. Oude Efferink, among others. Topics covered include management of fish stocks, freedom of fishing to sustainability, problems of jurisdiction and international regulation.

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                                                                                                      • Symes, David, ed. Property Rights and Regulatory Systems in Fisheries. Oxford: Fishing News Books, 1998.

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                                                                                                        This volume contains essays on several key issues in fisheries, including property rights and a regulatory system for both onshore and offshore waters. Contributors include academics such as Kevin Crean, Bjørn Hersoug, Petter Holm, and Carlos Bueno Suárez, among others.

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                                                                                                        • United Nations. The Law of the Sea: The Regime for High-Seas Fisheries—Status and Prospects. New York: Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, 1992.

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                                                                                                          Presents the results of a survey on the present status of the high seas fisheries regime and considers implementation problems that have developed since UNCLOS 1982 entered into effect.

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                                                                                                          Pollution and Protection of the Marine Environment

                                                                                                          Marine pollution is an increasing area of concern as the effects of man’s use of the ocean for transportation and resource harvesting become more apparent. The politics and economics of pollution of the marine environment have developed to cover a wide spectrum of issues, from prevention to liability for pollution. Brubaker 1993 is a comprehensive resource for the purely legal aspects of marine pollution and the law of the sea. De la Rue and Anderson 2009 and Gauci 1997 provide a legal perspective on liability for marine pollution, and Mitchell 1994 discusses intentional pollution. M’Gonigle and Zacher 1979 expertly analyzes the politics of marine pollution and international law.

                                                                                                          • Brubaker, Douglas. Marine Pollution and International Law: Principles and Practice. London: Belhaven, 1993.

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                                                                                                            This book is concerned with the international legal aspects of marine pollution and environmental protection. It discusses international environmental law, including the characteristics and effects of marine oil pollution, international customary and general principles of law, pollution by dumping, land-based pollution, and vessel-based pollution. It also includes a discussion of the liability of marine pollution and a case study on the Barents Sea.

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                                                                                                            • De la Rue, Colin, and Charles B. Anderson. Shipping and the Environment: Law and Practice. 2d ed. London: Informa, 2009.

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                                                                                                              The contents of this thick volume relate to the law and practice of pollution from ships. It discusses liability and compensation for oil damage, including compensation from the ship owner and from the international oil pollution compensation fund. It also discusses pollution from hazardous and noxious substances, admissibility and assessment of claims, cleanup, damage, and economic loss.

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                                                                                                              • Gauci, Gotthard. Oil Pollution at Sea: Civil Liability and Compensation for Damage. Chichester, UK: Wiley, 1997.

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                                                                                                                This book examines the laws of liability, compensation, and marine insurance regarding oil pollution and the carriage of goods at sea. It addresses common law remedies but focuses primarily on the 1969 International Convention relating to Civil Liability for Oil Pollution Damage. It includes a large number of case studies on oil pollution settlements from around the world.

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                                                                                                                • M’Gonigle, R. Michael, and Mark W. Zacher. Pollution, Politics, and International Law: Tankers at Sea. Berkeley: University of California Press, 1979.

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                                                                                                                  The authors discuss the issues and context of international organization, the formulation of the environmental regime, and the political processes that have led to environmental control. This is presented in light of the new environmental concern being projected over ocean regions at the time of publication.

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                                                                                                                  • Mitchell, Ronald B. Intentional Oil Pollution at Sea: Environmental Policy and Treaty Compliance. Cambridge, MA: MIT Press, 1994.

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                                                                                                                    The author examines the effectiveness of international law in changing behavior relating to intentional oil spills and the methods applied in ensuring compliance with this legislation. It includes theories of compliance, a history of intentional pollution, encouraging positive government behavior, and recommendations for encouraging compliance to regulation of equipment standards.

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                                                                                                                    Regional Studies

                                                                                                                    Regional studies provide opportunities for practical application of the law of the sea to issues, problems, and conflicts, offering insight into possible solutions or analyses of the reasons for the outcome of a specific application of law. McDorman 2009 discusses the relationship between Canada and the United States over maritime disputes. Morrell 1992 studies the US rejection of some facets of international maritime law, while Pharand 1988 examines the legal status of Canada’s polar waters. Kwon 2000 expertly addresses the maritime issues of Northeast Asia, MacDonald 1980 discusses the Persian Gulf, and Rembe 1980 details Africa’s contribution to the development of maritime law.

                                                                                                                    • Kwon, Park Hee. The Law of the Sea and Northeast Asia: A Challenge for Cooperation. Norwell, MA: Kluwer Law International, 2000.

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                                                                                                                      Focuses narrowly on the geographical, geopolitical, and geological status of maritime issues in Northeast Asia. Provides an analysis of maritime issues and disputes, including those of territorial sovereignty, boundaries, and piracy and armed robbery. Claims to provide a realist analysis of current law and state practice with the goal of assisting practitioners of maritime law.

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                                                                                                                      • MacDonald, Charles G. Iran, Saudi Arabia, and the Law of the Sea: Political Interaction and Legal Development in the Persian Gulf. Westport, CT: Greenwood, 1980.

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                                                                                                                        Addresses the law of the sea as it relates to the context of the Persian Gulf by highlighting community interests and issues of claims to authority over both offshore territory and resources. Also considers the contribution of Persian Gulf countries to the development of the international law of the sea.

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                                                                                                                        • McDorman, Ted L. Salt Water Neighbors: International Ocean Law Relations between the United States and Canada. Oxford and New York: Oxford University Press, 2009.

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                                                                                                                          This book describes the relationship of the United States and Canada with regard to their maritime borders. It gives descriptive examples of the relationship, including the 1984 Gulf of Maine case, and examines the continued dispute over the status of the Northwest Passage.

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                                                                                                                          • Morell, James B. The Law of the Sea: An Historical Analysis of the 1982 Treaty and Its Rejection by the United States. Jefferson, NC: McFarland, 1992.

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                                                                                                                            After discussing the historical development of the law of the sea leading up to UNCLOS 1982, this text examines the objections raised by the United States and its ultimate refusal to ratify the convention.

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                                                                                                                            • Pharand, Donat. Canada’s Arctic Waters in International Law. Cambridge, UK: Cambridge University Press, 1988.

                                                                                                                              DOI: 10.1017/CBO9780511565458Save Citation »Export Citation »E-mail Citation »

                                                                                                                              A historical account by a reputed scholar of Arctic Ocean law and policy of Canada’s archipelago and its treatment under sector theory, its consideration as historic waters, and its status using straight baselines. Also includes a description of the Northwest Passage, its use and legal status.

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                                                                                                                              • Rembe, Nasila S. Africa and the International Law of the Sea: A Study of the Contribution of the African States to the Third United Nations Conference on the Law of the Sea. Alphen aan den Rijn, The Netherlands: Sijthoff & Noordhoff, 1980.

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                                                                                                                                The impact of Africa on the development of international law, usually considered to be a Western conception, is often overlooked in the discussion of the evolution of international law. The author highlights many of the issues that were of importance to African nations, including issues of land-locked states, sovereignty of coastal states over natural resources, and issues of development.

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                                                                                                                                National Policies

                                                                                                                                National policies play an important role in the development of international law and set precedent for dispute settlement in some conflicts. Especially relevant is the US position on the law of the sea that may be found in Buderi and Caron 1985 and Hollick 1981. Other studies of national policies include the examination of Russia by Elferink 1994; Australia and New Zealand by Klein, et al. 2010; and the uses of UK waters by Sibthorp 1977. Finally, a collection of resources is available online at Admiralty Law.

                                                                                                                                • Admiralty Law.com.

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                                                                                                                                  Compiled by Giaschi & Margolis, a Canadian law firm practicing insurance, maritime, and transportation law, this site provides resources on recent developments and cases of interests.

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                                                                                                                                  • Buderi, Charles L. O., and David D. Caron, eds. Perspectives on U.S. Policy Toward the Law of the Sea: Prelude to the Final Session of the Third U.N. Conference on the Law of the Sea. Proceedings of a symposium held at Boalt Hall School of Law, University of California at Berkeley, on 20 February 1982. Honolulu, HI: Law of the Sea Institute, 1985.

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                                                                                                                                    Presents the proceedings of a symposium outlining the Reagan administration’s position on the Law of the Sea Treaty conventions of 1982. Discusses the fundamental decisions made by the United States in determining whether to adopt the international regime regulating the world’s oceans.

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                                                                                                                                    • Elferink, Alex G. Oude. The Law of Maritime Boundary Delimitation: A Case Study of the Russian Federation. Dordrecht, The Netherlands: Martinus Nijhoff, 1994.

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                                                                                                                                      In light of Russia’s general ambivalence to Western institutions, including international law, the author presents a case study of the practice of the Russian Federation in delimitation of maritime boundaries. In so doing, he offers an overview of maritime delimitation law and in comparison to other maritime delimitation decisions based on bilateral agreements and rulings from the International Court of Justice.

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                                                                                                                                      • Hollick, Ann L. U.S. Foreign Policy and the Law of the Sea. Princeton, NJ: Princeton University Press, 1981.

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                                                                                                                                        Discusses the legal and political aspects of the historical development and relationship of the United States to ocean policy, considering both domestic and international politics, law, and economics. Important to the consideration of the development of international maritime law.

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                                                                                                                                        • Klein, Natalie, Joanna Mossop, and Donald Rothwell, eds. Maritime Security: International Law and Policy Perspectives from Australia and New Zealand. London and New York: Routledge, 2010.

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                                                                                                                                          This volume is a collection of essays from the editors plus several additional contributors. It reflects the work of the Trans-Tasman Maritime Security Project, focuses specifically on maritime security issues as they affect New Zealand and Australia, and reflects the nature of modern security issues.

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                                                                                                                                          • Sibthorp, M. M., ed. Oceanic Management: Conflicting Uses of the Celtic Sea and Other Western U.K. Waters. London: Europa, 1977.

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                                                                                                                                            A record of the report from a September 1975 conference held at University College of Swansea, a meeting of scientists to discuss usage issues of UK waters and their relationship to the law of the sea. The topics include: oil and mineral extraction, commercial fisheries, pollution, scientific research, biological balances, conservations, economics, law, defense, and shipping.

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                                                                                                                                            Land-Locked States

                                                                                                                                            Being land-locked proves a difficult obstacle and contributes to the uneven development of economies through lack of benefit of the uses of the ocean as a means of transportation and as a region of resource exploitation. This had led to the development of international law to limit the consequences of land-locked status in an attempt to maintain peace and limit attempts at territorial expansion to coastal areas. This mostly affects Africa and Asia, and the specifics for these regions are discussed by Červenka 1973 and Hodder, et al. 1998. A general discussion of “land-lockedness” is provided in Sinjela 1983 and Vasciannie 1990.

                                                                                                                                            • Červenka, Zdenek, ed. Land-Locked Countries of Africa. Uppsala, Sweden: Scandinavian Institute of African Studies, 1973.

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                                                                                                                                              Compares the right of access to the sea of land-locked states as equal to the concept of freedom of the high seas. Also discusses the right to fly national flags and the right to navigation and transit. Provides an overview of existing agreements on the issue and also addresses upcoming developments.

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                                                                                                                                              • Hodder, Dick, Sarah J. Lloyd, and Keith McLachlan, eds. Land-Locked States of Africa and Asia. London: Frank Cass, 1998.

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                                                                                                                                                A collection of articles on “land-lockedness” and the access and communication problems associated with this condition. Includes contributions by Leuan L. Griffiths, George Joffe, Ali Djimba, and Jonathan Rigg, among others.

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                                                                                                                                                • Sinjela, A. Mpazi. Land-Locked States and the UNCLOS Regime. Dobbs Ferry, NY: Oceana, 1983.

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                                                                                                                                                  A study of the effects of land-locked status and a consideration of factors such as major rivers, railways, communications, roads, and pipelines. Critically analyzes the demands of land-locked states at the negotiations for UNCLOS and a determination of the rights actually obtained by land-locked states under UNCLOS 1982.

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                                                                                                                                                  • Vasciannie, S. C. Land-Locked and Geographically Disadvantaged States in the International Law of the Sea. Oxford: Clarendon, 1990.

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                                                                                                                                                    Addresses the issue of access to the ocean by land-locked states under the provisions of UNCLOS III. Considers the influence on customary law of developing the convention and examines how land-locked states negotiated to influence the outcome of UNCLOS III.

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                                                                                                                                                    Delimitation

                                                                                                                                                    Delimitation is the creation of maritime boundaries between states and at the far extremities of territorial waters, exclusive economic zones, and the continental shelf. Another potential area for contention and conflict, maritime law provides the guidelines for establishing these boundaries. Prescott and Schofield 2005 gives a general overview of maritime boundaries around the globe, while Dallmeyer and DeVorsey 1989 and Weil 1989 provide analysis of the law itself. Elferink and Rothwell 2001 discusses issues of polar delimitation.

                                                                                                                                                    • Dallmeyer, Dorinda G., and Louis DeVorsey Jr. Rights to Oceanic Resources: Deciding and Drawing Maritime Boundaries. Dordrecht, The Netherlands: Martinus Nijhoff, 1989.

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                                                                                                                                                      The first section includes a discussion of maritime delimitation from the perspective of a geographer focusing on the importance of geographic features on the outcome of delimitation disputes. Next, there is an examination of problems of maritime delimitation at the state and international level. Gives attention to special problems of delimitation, including the concepts of natural prolongation, the issue of international straits, and the use of islands.

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                                                                                                                                                      • Elferink, Alex G. Oulde, and Donald Rothwell. The Law of the Sea and Polar Maritime Delimitation and Jurisdiction. Norwell, MA: Kluwer Law International, 2001.

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                                                                                                                                                        A compendium of treaties, conventions, and other national instruments as they relate to polar delimitation. Provides a summary of state practice for the delimitation of baselines of territorial seas and includes coverage of the status of ice, pending delimitation issues and management of fisheries and the environment.

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                                                                                                                                                        • Prescott, Victor, and Clive Schofield. The Maritime Political Boundaries of the World. 2d ed. Leiden, The Netherlands: Martinus Nijhoff, 2005.

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                                                                                                                                                          A presentation of global maritime boundaries as determined by two main definitions: the baseline determining the outer limit of internal waters and a suite of lines that determines the outer limit of specific sea and seabed zones. Discusses the effects of extension of the territorial waters on overlapping jurisdictional claims and the processes for delimitation and dispute settlement. Addresses specific maritime regions, including all major oceans plus major seas.

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                                                                                                                                                          • Weil, Prosper. The Law of Maritime Delimitation: Reflections. Translated by Maureen MacGlashan. Cambridge, MA: Grotius, 1989.

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                                                                                                                                                            Translation of the original, Perspectives du Droit de la Delimitation Maritime (Paris: Pedone, 1988). Discusses the concepts of maritime delimitation, including declaratory and manmade principles. Also considers the bases and exercise of title and state sovereignty. A thorough review of normative density in the law of maritime delimitation and description of the delimitation process.

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                                                                                                                                                            Miscellaneous

                                                                                                                                                            The law of the sea covers a complexity of issues and concepts, but many of them only generate wide enough interest to produce moderate amounts of literature on the topics. This section addresses these important but straggling issues and concepts. Symmons 2008 discusses the concept of historic waters, Borgeson 2009 examines the relationship of the national interest to the development of maritime law, and Jacobsen 2010 considers the rights of passage and commerce during war and peace. In a legal context, Johnson 2004 looks at the regulation of shipping, and Rothwell and Bateman 2000 presents an analysis of navigational freedoms.

                                                                                                                                                            • Borgeson, Scott G. The National Interest and the Law of the Sea. New York: Council on Foreign Relations, 2009.

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                                                                                                                                                              An examination of the UN Convention on the Law of the Sea, the international negotiations that led to its development, and the debate from within the United States on whether to sign onto the convention. Argues that ratification of UNCLOS 1982 is strategically important for the United States.

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                                                                                                                                                              • Johnson, Lindy S. Coastal State Regulation of International Shipping. Dobbs Ferry, NY: Oceana, 2004.

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                                                                                                                                                                An assessment of the provisions of UNCLOS with regard to actions that coastal states may take in regulating international shipping within the bounds of customary international law. Analyzes four jurisdictional areas of interest to coastal states, including the port, the territorial sea, the contiguous zone, and the EEZ. Gives background on the navigational issues and concerns of coastal states: harmful aquatic organisms and wastewater discharges.

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                                                                                                                                                                • Jacobsen, Friedrich Johann. Laws of the Sea: With Reference to Maritime Commerce during Peace and War. Nabu Press, 2010.

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                                                                                                                                                                  A historical account of the political economy of maritime commerce and how it has affected peace and war due to the misapplications of the law of the sea. This is a reprint, without modifications, of the book originally published in 1818.

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                                                                                                                                                                  • Rothwell, Donald R., and Sam Bateman, eds. Navigational Rights and Freedoms and the New Law of the Sea. The Hague: Martinus Nijhoff, 2000.

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                                                                                                                                                                    A collection of articles intended to address the balance UNCLOS III provides between navigational rights and freedoms, and the concerns of states over security and their legitimate rights and interests in maritime areas. Contributors include Etty R. Agoes, Ross Babbage, and Rosalie Balkin, among others.

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                                                                                                                                                                    • Symmons, Clive R. Historic Waters in the Law of the Sea: A Modern Re-Appraisal. Leiden, The Netherlands: Martinus Nijhoff, 2008.

                                                                                                                                                                      DOI: 10.1163/ej.9789004163508.i-322Save Citation »Export Citation »E-mail Citation »

                                                                                                                                                                      An academic appraisal of the doctrine of historical waters. Based on Alaska v. US (2005), the author discusses the concept of historic waters in international law, analyzing evidence for its continued relevance and arguments against its use in contemporary law.

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