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Sustainable and Sound: First Principles for Addressing Maritime Jurisdictional Issues and Disputes

Sustainable and Sound: First Principles for Addressing Maritime Jurisdictional Issues and Disputes This paper explores a number of diverse but closely inter-related topics relating to maritime jurisdiction. Assuming that two or more states which are party to such a dispute, certain inflexible principles apply. The point is made that the law of the sea is a part of international law, not an autonomous subject. Its cornerstone, the un Convention of 1982, must therefore be read, interpreted and applied like any other international agreement. Parties to the Convention are bound by its provisions, and, in general, it is not up to them to insert words or meanings to suit themselves. Similarly, international law has rules on treaty interpretation, which should guide states in designing their marine policies. The paper considers reliance on history in the context of international law, and associated issues. It concludes with a number of propositions based on principle, general and specific. Throughout, maintaining law and order at sea as the optimum means of advancing the sustainable development of the oceans and all their resources, as well as the preservation and protection of the marine environment is a constant theme. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal of Ocean Law and Policy Brill

Sustainable and Sound: First Principles for Addressing Maritime Jurisdictional Issues and Disputes

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2451-9367
eISSN
2451-9391
DOI
10.1163/24519391-00101003
Publisher site
See Article on Publisher Site

Abstract

This paper explores a number of diverse but closely inter-related topics relating to maritime jurisdiction. Assuming that two or more states which are party to such a dispute, certain inflexible principles apply. The point is made that the law of the sea is a part of international law, not an autonomous subject. Its cornerstone, the un Convention of 1982, must therefore be read, interpreted and applied like any other international agreement. Parties to the Convention are bound by its provisions, and, in general, it is not up to them to insert words or meanings to suit themselves. Similarly, international law has rules on treaty interpretation, which should guide states in designing their marine policies. The paper considers reliance on history in the context of international law, and associated issues. It concludes with a number of propositions based on principle, general and specific. Throughout, maintaining law and order at sea as the optimum means of advancing the sustainable development of the oceans and all their resources, as well as the preservation and protection of the marine environment is a constant theme.

Journal

Asia-Pacific Journal of Ocean Law and Policy – Brill

Published: Jun 3, 2016

Keywords: need for principled approach; law of the sea as integral part of international law; importance of customary international law; relevance of treaties other than UNCLOS ; binding nature of treaties; interpretation of treaties; duty to perform in good faith; pacta sunt servanda; impact of historical jurisdictional positions and maps

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