Case report
The IMLI Manual on International Maritime Law : Volume I : The Law of the Sea : (Oxford University Press, 2014) : [book review]
Iva Parlov
; K.B. Jebsen Centre for the Law of the Sea, Tromsø, Norway
Abstract
Book review:
This book is part of a three-volume manual prepared by the International Maritime Law
Institute (IMLI) to serve as a guide to all aspects of international maritime law. The general
editor of the entire series is Professor David Joseph Attard, IMLI Director, while editors of
Volume I under review, dedicated to the law of the sea aspect, are Malgosia
Fitzmaurice, professor of public international law at the University of London and Norman
A Martínez Gutiérrez, assistant professor at IMLI. Koji Sekimizu, former IMO Secretary-
General, wrote the foreword to the manual.
This book provides a comprehensive analysis of a very complex field of international law –
that of the law of the sea, by discussing traditional and contemporary issues from both theoretical
and practical perspectives. In its analysis, it uses various sources, such as treaty and
customary international law, ‘’soft law’’ instruments, and court and commercial practice.
Reference is also made to the relevant legal framework contained in the regional and national
legislation. The main discussion is centered around the 1982 United Nations Convention on the Law of the Sea (LOSC). In this respect, the book contains an in-depth study of a number
of the LOSC provisions and jurisprudence.
The book includes an introduction and 24 chapters, all of which have been written and edited
by the leading experts in their respective fields. The introduction provides an overview
of the historical development of the law of the sea, offering thereby a good foundation for
further discussion on the modern law of the sea and the post-LOSC developments. The 24
chapters cover different legal regimes for the seas and oceans, largely following the LOSC
zonal approach and structure. The book thus covers territorial sea and contiguous zone,
straits used for international navigation, the regime of islands and rocks, archipelagic states,
the continental shelf, the exclusive economic zone, the high seas, the international seabed
area, marine scientific research, landlocked and geographically disadvantaged states, and
the settlement of disputes. Particular consideration is given to international law concerning
maritime boundary delimitation. Other chapters examine new trends and challenges that have
emerged in the post-LOSC era – for example, the legal status of the generic resources beyond
the limits of national jurisdiction. In this respect, reference is made to the current discussions
taking place in an ad hoc working group established by the United Nations General
Assembly. Attention is further given to the recent developments in the field of marine
scientific research, which show an increasing use of the satellites. In this regard, the book
points to the possible creation of a new, hybrid, area of law, with the potential of the law of
the sea and space law being merged in an innovative way. As a result of increasing concerns
relating to global warming and climate change, including the rapid melting of a substantive
amount of the ice in the polar regions, particular consideration is given to the legal regimes
applicable in the Arctic and the Antarctic. The book covers other contemporary issues as well,
such as the protection of underwater cultural heritage, and the interaction between the law of
the sea and human rights. Special consideration is given to the LOSC settlement of disputes
mechanism and the respective contributions of the International Court of Justice and the
International Tribunal for the Law of the Sea. The book moreover examines the role of the
various international organisations in the progressive development of the law of the sea
such as the United Nations Division for Ocean Affairs and the International Maritime
Organization.
This book represents a significant contribution to the current literature in the field. It is intended
to serve as a guide on various aspects of international law of the sea for an extensive group of users
ranging from students, researchers and academics to practitioners and governmental officials.
Keywords
book review; the law of the sea; international maritime law; regional legislation; national legislation; 1982 UN Convention on the Law of the Sea; different legal regimes for the seas and oceans
Hrčak ID:
190237
URI
Publication date:
27.11.2017.
Visits: 1.788 *