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The Law of the Sea in the Caribbean de The Hon Justice Mr Winston Anderson

The Law of the Sea in the Caribbean: Publications on Ocean Development, cartea 94

Autor The Hon Justice Mr Winston Anderson
en Limba Engleză Hardback – 26 ian 2022
A generation of legal pioneers imagined a decisive role for the law of the sea in the advancement of developing states. The jewel in the crown of that vision was the juridical recognition of significant wealth of the oceans as the common heritage of mankind. The Law of the Sea in the Caribbean gives an accounting of the reach of the law of the sea into Caribbean development. It argues for greater regional cooperation as a means of achieving the promise of the contribution of the sea towards the economic and social progression of Caribbean States.
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Specificații

ISBN-13: 9789004503175
ISBN-10: 900450317X
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Publications on Ocean Development

Cuprins

Foreword

Preface

Acknowledgments

List of Figures and Tables

1Caribbean Antecedents to unclos
1 Introduction

2 The Caribbean

3 Imperialism in the Caribbean: Mare clausum and Mare Liberum

4 The Evolution of the Territorial Sea

5 The Hague Codification Conference 1930

6 Unilateral Caribbean Actions

7 The United Nations and Caribbean Conferences on the Law of the Sea
7.1The First United Nations Conference on the Law of the Sea (unclos i)

7.2The Second United Nations Conference on the Law of the Sea (unclos ii)

7.3Caribbean Conferences on the Law of the Sea
7.3.1 Montevideo Conference

7.3.2 Lima Conference

7.3.3Santo Domingo Conference

7.3.4 The Third United Nations Conference on the Law of the Sea (unclos iii)


8 Conclusion


2unclos in the Caribbean and Regional Cooperation
1 Introduction

2 Caribbean Acceptance of unclos

3 Caribbean Non-Acceptance of unclos
3.1The 1958 Geneva Conventions

3.2Normative Character of unclos


4 The Regime of Islands

5 Co-Operation in the Caribbean Sea
5.1Caribbean Sea as Enclosed or Semi-Enclosed

5.2Co-Ordination on Living Resources of the Sea

5.3Co-Ordination on Protection and Preservation of the Marine Environment

5.4Co-Ordination of Scientific Research

5.5Collaboration with Interested States and International Organizations


6 Conclusion


3Maritime Jurisdiction
1 Introduction to Maritime Jurisdiction

2 unclos Maritime Jurisdiction
2.1Internal Waters

2.2Archipelagos

2.3Territorial Sea

2.4Contiguous Zone

2.5Exclusive Economic Zone

2.6Continental Shelf

2.7Straits

2.8High Seas


3 The Economic Context

4 Conclusion


4Fisheries
1 Introduction

2 Caribbean Fisheries

3 The Regulatory Framework
3.1Development of International Regulation

3.2Bilateral Agreements

3.31958 Geneva Convention on Fishing and Conservation

3.4unclos
3.4.1 Management by Jurisdictional Zones

3.4.2 Management by Species


4 Substantive Domestic Legislative Implementation

5 Caribbean Regulation
5.11991 oecs Common Fisheries Surveillance Zone

5.2The Caribbean Community Common Fisheries Policy

5.3Ecosystems Based Management


6 Conclusion


5Offshore Oil and Gas
1 Introduction

2 Legal Framework

3 Unity of Deposits
3.1Agreements Having No Provision for Co-Operation

3.2Agreements Containing General Statement of the Obligation to Collaborate

3.3Agreements Specifying Classical Duty to Cooperate in Exploiting Unitary Deposits

3.4Comprehensive Regime Including Provisions on Apportionment


4 Responsibility for Environmental and Occupational Health and Safety Standards

5 Contractual Arrangements between the Host Country and Foreign Oil Company
5.1Concessions

5.2Licensing

5.3Production Sharing Contracts

5.4Service Agreements


6 Disputes Arising from Contractual Relationship

7 Offshore Oil and Gas Contracts and International Law
7.1Stabilization Clauses

7.2Multiplicity of Alternative Venues

7.3International Center for Settlement of Investment Disputes

7.4Public International Law as a System of Law in Private International Law


8 Conclusion


6Marine Scientific Research
1 Introduction
1.1The General Provisions Governing the Conduct of Marine Scientific Research

1.2International Co-Operation

1.3Promotion and Conduct of Marine Scientific Research


2 Development and Transfer of Marine Technology

3 Practical Guidance

4 Caribbean Legislative Implementation

5 Caribbean Marine Research Institutional Arrangements

6 Conclusion


7Peace and Security
1 Introduction

2 The Right of Hot Pursuit
2.1Conventional Codification

2.2Legislative Incorporation

2.3Judicial Application


3 Piracy
3.1unclos and the Rome Convention

3.2Piracy in Caribbean Legislation

3.3Judicial Decisions on Piracy


4 Security

5 Regional Security
5.1The Regional Security System (rss)

5.2caricom impacs

5.3consle


6 Ship Rider Agreements

7 Conclusion


8Navigation
1 Introduction

2 Nationality of Ships

3 Flags of Convenience

4 Rights of Navigation
4.1Right of Innocent Passage

4.2Right of Archipelagic Sea Lane Passage

4.3Right of Transit Passage

4.4Right to Freedom of Navigation


5 Flag State Obligations

6 imo Conventions on Safety of Shipping

7 Caribbean Shipping Industry
7.1The Caribbean Maritime University


8 Conclusion


9Pollution
1 Introduction

2 General Obligations
2.1Jurisdictional Competence
2.1.1 Theoretical Implementation Problems

2.1.2 Practical Implementation Problems

2.1.3 Special Enforcement Powers: Flag State, Coastal State, Port State


3 Pollution Emergencies
3.1Power of Intervention

3.2Duty to Warn of, and Assist in, Pollution Emergencies


4 Compensation for Pollution Damage
4.1Concerns over Stability and Viability of Compensation Regime
4.1.1 Jurisdiction

4.1.2 Recognition and Enforcement of Judgments

4.1.3 Applicable Law


4.2Rules on Treaty Interpretation


5 Conclusions


10The Area beyond National Jurisdiction
1 Introduction

2 1994 Agreement Relating to Part xi

3 The International Seabed Authority
3.1The Assembly

3.2The Council

3.3The Secretariat

3.4The Legal and Technical Commission

3.5The Finance Committee

3.6The Enterprise


4 Decision-Making in the International Seabed Authority

5 General Principles of the Deep Seabed Mining Regime
5.1All Rights in Area and Resources Are Vested in Mankind

5.2Conduct of States in the Area Must Promote Peace and International Co-Operation

5.3Reasonable Regard for Other Activities

5.4Responsibility to Ensure Compliance and Liability for Damage

5.5Transfer of Technology

5.6Participation of Developing Countries


6 The System of Exploration and Exploitation

7 National Legislation on the Deep Seabed

8 Conclusions


11Delimitation
1 Introduction

2 International Law Principles and Rules
2.1Baselines

2.2Outer Lines


3 Agreement between the Parties

4 Tacit Agreement between the Parties

5 Settlement by Adjudication Based on Article 38 Sources of International Law
5.1The Equidistance/Relevant Circumstances/Proportionality Method
5.1.1 Equidistance

5.1.2 Relevant Circumstances

5.1.3 Proportionality


5.2Single Maritime Boundary

5.3Delimitation of the Continental Shelf beyond 200 nm


6 Conclusion


12Dispute Settlement
1 Introduction

2 Settlement under Bilateral, Regional, or Global Agreements
2.1Bilateral Agreements Procedures

2.2Regional Procedures
2.2.1 Inter-American Human Rights System

2.2.2 Caribbean Environment Programme

2.2.3 The Caribbean Community and the Caribbean Court of Justice


2.3International Court of Justice


3 Settlement Pursuant to Procedures under the Charter of the United Nations

4 Settlement under unclos Compulsory Procedures

5 Declarations of Acceptance of Global Procedures under unclos Part xv

6 Litigation Pursuant to the Procedures under unclos Part xv
6.1International Court of Justice

6.2The International Tribunal for the Law of the Sea

6.3Annex vii Tribunal

6.4Annex viii Tribunal


7 Conclusion


Index

Notă biografică

The Hon Justice Mr Winston Anderson, is a Judge of the Caribbean Court of Justice (‘CCJ’) and Chairman of the CCJ Academy for Law. A former Professor of International Law, the Judge holds a Ph.D. (1988) from Cambridge University and is author of leading texts including Principles of Caribbean Environmental Law (ELI, 2012) and Caribbean Private International Law (Sweet & Maxwell, 2014).