3. The Regimes of the Law of the Sea

James Kraska

in Maritime Power and the Law of the Sea

Published in print January 2011 | ISBN: 9780199773381
Published online May 2011 | e-ISBN: 9780199895298 | DOI:
3. The Regimes of the Law of the Sea

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The framework for an international law of the sea should have the authority or force of law and promote collective interest that drives state compliance. The process of authoritative decision flows from three distinct elements—interaction among the maritime states and oceans users; the rights of access, including the rights of access for the international community to oceans space and the rights of coastal states to claim jurisdiction over ocean space; and finally, determinations of decision-makers responding to these competing claims. The unfolding process of authoritative decision for a public order of the oceans is evident in maritime operational and diplomatic theater. In the contemporary era, this drama unfolds within the regimes reflected in the 1982 Convention. The point of departure for the regimes, and corresponding rights and duties in the United Nations Law of the Sea Convention (UNCLOS), is the baseline of the coastal state. This chapter discusses baselines, internal waters, territorial sea and contiguous zone, international straits, archipelagic waters, the exclusive economic zone, and the regimes and national security.

Keywords: United Nations; international law; territorial waters; national security; 1982 Convention; UNCLOS

Chapter.  27988 words. 

Subjects: Public International Law

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