2012•Unpublished venueRequires access

Enforcement Jurisdiction under the United Nations Convention on the Law of the Sea. An Overview

Hugo Caminos

Open publisher page 5 citations

Abstract

The United Nations Convention on the Law of the Sea establishes a comprehensive reformation of the public international law of the sea. It represents a compromise among different competing interests as regards the uses of the sea, both within and between States. The creation of the EEZ and the introduction of the subject of the protection and preservation of the marine environment are clear examples of that evolution. The zonal approach followed by the Convention did not make easy the adoption of the rules on the legislative and enforcement jurisdiction in those areas where the rights and jurisdiction of the coastal State and other States coexist. The Convention establishes a legal framework on the basis of which States can implement, through international agreements, the norms of the Convention on the practice of certain activities. Keywords:enforcement jurisdiction; law of the sea; legal framework; United Nations Convention

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What this paper is about

The United Nations Convention on the Law of the Sea establishes a comprehensive reformation of the public international law of the sea. It represents a compromise among different competing interests as regards the uses of the sea, both within and between States. The creation of the EEZ and the introduction of the subject of the protection and preservation of the marine environment are clear examples of that evolution. The zonal approach followed by the Convention did not make easy the adoption of the rules on the legislative and enforcement jurisdiction in those areas where the rights and jurisdiction of the coastal State and other States coexist. The Convention establishes a legal framework on the basis of which States can implement, through international agreements, the norms of the Convention on the practice of certain activities. Keywords:enforcement jurisdiction; law of the sea; legal framework; United Nations Convention

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Available abstract

The United Nations Convention on the Law of the Sea establishes a comprehensive reformation of the public international law of the sea. It represents a compromise among different competing interests as regards the uses of the sea, both within and between States. The creation of the EEZ and the introduction of the subject of the protection and preservation of the marine environment are clear examples of that evolution. The zonal approach followed by the Convention did not make easy the adoption of the rules on the legislative and enforcement jurisdiction in those areas where the rights and jurisdiction of the coastal State and other States coexist. The Convention establishes a legal framework on the basis of which States can implement, through international agreements, the norms of the Convention on the practice of certain activities. Keywords:enforcement jurisdiction; law of the sea; legal framework; United Nations Convention

Key concepts: United Nations Convention on the Law of the Sea, Jurisdiction, Law of the sea, Convention, Enforcement, Political science, Law, Freedom of navigation

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