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Environmental Protection in Archipelagic Waters and International Straits-The Role of the International Maritime Organisation

Environmental Protection in Archipelagic Waters and International Straits-The Role of the... 467 Environmental Protection in Archipelagic Waters and International Straits-The Role of the International Maritime Organisation Bernard H. Oxman Professor of Law, University of Miami, USA The classic Grotian option for regulating activities at sea is to rely on regulation by the state of nationality-typically the flag state of a ship-without regard to location. Another option is to rely on regulation by the coastal state in a given geographic area off its coast, without regard to the nationality of those regulated. For centuries, a major function of the law of the sea was to mediate between these two options, determining where, when and how each of them applied. The law of treaties, not the law of the sea as such, often provided the basis for imposing detailed restraints on how either coastal states or flag states exercised their regulatory powers. One of the most important general rules of the law of treaties is that treaties bind only their parties. To the two classic options, the UN Convention on the Law of the Sea adds a third option for regulating activities at sea: reliance on international organizations to formulate norms that states are obliged to respect and enforce. This development http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

Environmental Protection in Archipelagic Waters and International Straits-The Role of the International Maritime Organisation

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Publisher
Brill
Copyright
© 1995 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/157180895X00231
Publisher site
See Article on Publisher Site

Abstract

467 Environmental Protection in Archipelagic Waters and International Straits-The Role of the International Maritime Organisation Bernard H. Oxman Professor of Law, University of Miami, USA The classic Grotian option for regulating activities at sea is to rely on regulation by the state of nationality-typically the flag state of a ship-without regard to location. Another option is to rely on regulation by the coastal state in a given geographic area off its coast, without regard to the nationality of those regulated. For centuries, a major function of the law of the sea was to mediate between these two options, determining where, when and how each of them applied. The law of treaties, not the law of the sea as such, often provided the basis for imposing detailed restraints on how either coastal states or flag states exercised their regulatory powers. One of the most important general rules of the law of treaties is that treaties bind only their parties. To the two classic options, the UN Convention on the Law of the Sea adds a third option for regulating activities at sea: reliance on international organizations to formulate norms that states are obliged to respect and enforce. This development

Journal

The International Journal of Marine and Coastal Law – Brill

Published: Jan 1, 1995

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