A ‘Constitution for the Oceans': The Long Hard Road to the UN Convention on the Law of the Sea

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Kirsten Sellars

A ‘Constitution for the Oceans'

The Long Hard Road to the UN Convention on the Law of the Sea

Kirsten Sellars

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English

Cambridge University Press
13 February 2025

International institutions; Treaties & other sources of international law; Law of the sea; International organisations & institutions; Settlement of international disputes

The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean — at League of Nations and United Nations conferences in 1930, 1958 and 1960 — had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations — ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining — continue to exercise policymakers and lawyers to this day.

By: Kirsten Sellars
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Weight: 712g
ISBN: 9781108840149
ISBN 10: 1108840140
Pages: 372
Publication Date: 13 February 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. End of the old order: the attempt to create a convention on territorial waters; 2. Old freedoms, new rights: the Corfu Channel and Fisheries cases; 3. North, South, East and West: new ideas and new actors at the 1958 conference; 4. A conference collapses: no settlement on the territorial sea or fishing limits in 1960; 5. Internationalising the seabed: common heritage and the UN seabed committee; 6. Passage through straits: from innocent passage to transit passage at the 1973–82 conference; 7. The archipelagic concept: division, unity and archipelagic statehood; 8. New international orders: the exclusive economic zone, the continental margin, and marine scientific research; 9. The bitter end: the seabed mining controversy and the signing of the convention; Afterword; Bibliography; Index.

Kirsten Sellars focuses on public international law – specifically, the law of the sea, the laws governing uses of force, and international criminal law – with emphasis on South Asian perspectives. Her publications include the monograph, 'Crimes against Peace' and International Law (2015), and the edited volume, Trials for International Crimes in Asia (2018).