This volume focuses on both the general aspects of two of the most typical institutions introduced by the new Law of the Sea and the specific aspects related to the geographic and economic circumstances of Italy and Canada. It is divided into two parts. The first part deals with the delimitation of maritime boundaries, especially with respect to the continental shelf and the exclusive economic zone. The problem is approached from both a theoretical and a practical point of view, in particular, in analyzing not only the more well-known controversies in delimitation solved by international agreements or by international courts, but also still unsettled disputes in which Italy and Canada are involved. The second part deals with the legal regime of the continental shelf and the exclusive zone and the activities - in particular exploration and exploitation - carried out in them. The same approach as in Part One is used in juxtaposing Italian and Canadian views on relative regulation. Indeed, the volume brings together the diverse legal experience of the two countries - Italy and Canada - resulting from the different geographic, political and economic conditions found in each. It is enough to think that Italy is surrounded on three sides by a closed or semiclosed sea, the Mediterranean, while Canada borders on the Atlantic, Pacific and Arctic Oceans. The volume was financed by the Italian National Research Council (CNR) and edited by Donat Pharand, Professor Emiritus of International Law at the University of Ottawa, and Umberto Leanza, Full Professor of International Law at the University of Rome, 'Tor Vergata'.

This book examines the concept and purpose of joint development agreements of offshore hydrocarbon deposits from the perspective of public international law and the law of the sea, taking into consideration and extensively reviewing State practice concerning seabed activities in disputed maritime areas and when hydrocarbon deposits extend across maritime boundaries. It distinguishes between agreements signed before and after the delimitation of maritime boundaries and analyzes the relevance of natural resources or unitization clauses included in maritime delimitation agreements. It also takes into consideration the relation between these resources and maritime delimitation and analyzes all the relevant international jurisprudence. Another innovative aspect of this book is that it examines the possibility of joint development of resources that lay between the continental shelf and the Area, considering both theoretical and practical problems. As such, the book is a useful tool for scholars and experts on public international law and the law of the sea, but also for national authorities and practitioners of international disputes resolution, as well as public and private entities working in the oil and gas industry.

The most significant characteristic of the Persian Gulf is the presence of huge oil-fields under the sea-bed of its shallow waters. On the other hand, the lack of understanding among the littoral states concerning the proper exploitation of these valuable resources has led to many conflicts, and is still considered as having a very high potential for conflict. This work clarifies the international legal rules applicable to the region with particular attention to the special characteristics of the Persian Gulf, such as ethnic conflicts, lack of defined land borders, presence of numerous islands, reefs and shoals and the presence of transboundary oil deposits. It consists of a collection of materials relating to the law of the sea, including both domestic and international rules, conventions, maritime agreements, state practice, the jurisprudence of the International Court of Justice and others. The study analyses all of these important factors in order to find an equitable solution to the problems facing the international community.

These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).

Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.

The last quarter century has witnessed vast changes in the governance of ocean space and resources. The keystone instrument in the new legal order is the 1982 UN Law of the Sea Convention, an agreement comprehensive in its scope that has provided the framework for further innovations in marine policy and ocean law. Accelerated change in the 1990s included the revision and the going-into-force of the 1982 Convention; and the conclusion of new international agreements on biodiversity, on the management of fishery stocks in international waters, and on marine navigation and safety. There has also been renewed impetus for regionalization of marine management and conservation efforts. These and other leading issues facing the global community today are the subjects of essays in this volume. The authors, acknowledged authorities in the field, offer fresh and searching reappraisals of how the 'common heritage' concepts in ocean law have been challenged by the contemporary crises in marine uses and ocean environment and resources. How national governments and international organizations have responded to urgent questions of ocean management is a major focus of these studies, and the book also provides important historical perspective on the doctrinal legacy of earlier ocean law. Emerging legal norms and the principles of law, new procedural mandates, the problems of implementation, and recent institutional developments in the international arena all receive attention in this timely and provocative work.

Written by scholars and practitioners, this work consists of 20 multidisciplinary chapters addressing the law, policy and management aspects of the problem of places of refuge for ships in need of assistance. Specific chapters focus on the experiences and approaches of Australia, Belgium, Canada, Denmark, Germany, United Kingdom and United States.

The Third Conference on the Law of the Sea marked a watershed in the emergence of African diplomatic and legal activities within the international system. Analysis of those states' participation therefore not only provides a template for the study of bloc activity at this level; it also adds the comprehensive analysis of African participation at UNCLOS III and, finally, it should also reveal the means by which states can more effectively impact global political and legislative processes. This study evaluates the extent to which the Exclusive Economic Zone (EEZ) concept represents an attempt by African states to allot to international law the task of correcting inequities between nations, and the future implications of such linkage. It critically explores and analyzes the conceptual framework that initiated action by African states in UNCLOS III, and it examines their attempts to operationalize this framework by their substantive participation in the negotiations. Finally, the study explores the future implications of African activity in the international legal and political system. In this evaluative process the author suggests the need for greater insight in conceptualizing the role of African states as a bloc within the international system. Only in this manner can a better appreciation be had of the important role African states are playing as contributors in the formation of contemporary international law.

This book should be helpful to decision-makers, negotiators, and academics desirous of a peaceful solution to these disputes.

The past few decades have witnessed the emergence of a vast array of regional arrangements and institutions dealing with all aspects of ocean management. The level of cooperation ranges from minimal dispute avoidance to relatively comprehensive ocean governance at the regional level. As concrete examples, reasonably successful and comprehensive regional regimes have been created for the Baltic, the North, and the Mediterranean Seas and the South Pacific. And attempts at regional regime building are ongoing in Southeast Asia, the South China Sea and the Indian Ocean. Although there are broad similarities between the semi-enclosed seas of Western Europe and Northeast Asia, no regional maritime regime has yet been initiated in Northeast Asia. The papers in this volume are authored by leading authorities on not only the maritime affairs of their particular region of focus but on maritime policy in general. They describe and explain existing or incipient regional maritime regimes in an unusually broad comparative context, and extract lessons learned that may be applicable elsewhere including Northeast Asia. The case studies are neatly sandwiched between an introduction to concepts and principles on regional co-operation and concluding chapters on lessons learned and their applicability to Northeast Asia. Moreover, the papers raise and address several questions of relevance to policy. For example, what factors are conducive to maritime regime initiation, expansion and positive evolution, and which constrain regime formation and evolution? Why has maritime regime building been successful in Europe and largely unsuccessful in Asia? And which, if any, lessons learned in the European context are applicable in Asia? Given the growing interest in regime formation and effectiveness in general and maritime regimes in particular, this book will be of considerable interest to both analysts and policymakers.