Judging the Law of the Sea

Abstract Judging the Law of the Sea focuses on how the law of the sea is being developed through cases by judges interpreting and applying the UN Convention on the Law of the Sea (UNCLOS). The cases have not only progressively refined the parameters for the exercise of compulsory jurisdiction under UNCLOS, but also steadily contributed to the interpretation and application of substantive rights and obligations in the law of the sea. The book details considerations relating to jurisdiction over and admissibility of disputes under UNCLOS. It further assesses the substantive law of the sea that has been addressed during UNCLOS dispute settlement. These issues extend to questions about maritime space, maritime boundary delimitation, rights of navigation, fisheries, and the protection of the marine environment. The book provides an intensive study of the decisions to date and assesses how those decisions have influenced and will continue to influence the law of the sea in the future. Judging the Law of the Sea also contemplates what role any judge could or should play in reaching decisions to resolve critical international disputes.