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Unit 4: Introduction (Sea Law)
4.1 Meaning, Nature and Scope of the Law of the Sea
The meaning: the ocean’s-law (the maritime-zones’ (the water-and-the-bed-and-the-air’s (the “the-70%”-world (the planet’s-ocean’s-rule)))); The nature: the public-international-core (the zones’-allocation (the “the-marble-cake” (the coastal’s-and-the-common’s (the sovereignty’s-gradations (the territorial-to-the-Area’s-spectrum)))); the constitutional-quality (the UNCLOS-as-the “the-ocean-constitution” (the “the-package-deal” (the single-conference-single-text (the “the-take-all-or-no” (the 1982’s-method)))))); The scope: the zones’ (the U5-U9’s (the territorial-the-contiguous-the-shelf-the-EEZ-the-high-seas)); the uses’ (the navigation-the-fisheries-the-resources-the-research (the military’s (the cables’ (the “the-everything-ocean”)))); the regime’s (the ISA’s-and-the-Area’s (the common-heritage (the U11’s))); the landlocked’s (the U10’s (the Nepal’s-own-chapter)); the environment’s (the “the-parts-XII” (the LAW5603-U’s-marine-face)); the disputes’ (the “the-Part-XV” (the “the-ITLOS-and-the-others” (the U11.5’s))));
4.2 Evolution of the Law of the Sea
- The freedom’s-era: the Grotius-1609 (the “the-Mare-Liberum” (the free-seas (the East-Indies’-trade (the Portugal’s-claim-rejected)))); the Selden’s-closed (the “the-Mare-Clausum” (the England’s-claim (the debate’s-founding (the freedom-vs-the-closure (the exam’s-origin-pair)))); the “the-cannon-shot” (the three-mile’s (the “the-shot’s-range” (the “the-Bynkershoek-1702” (the “the-territorial’s-first-measure”))));
- The codification’s-era: the 1930-Hague (the first-attempt (the territorial’s-draft (the “the-failed”)))); the 1958-Geneva’s-four (the Territorial (the High-Seas (the Fisheries (the “the-Continental-Shelf” (the first-codification (the adopted (the still-the-technical-gaps (the “the-width-unresolved” (the “the-1960’s-second-failure” (the “the-one-vote-short”‘s-lore))))))))); the Truman-1945’s-proclamation (the shelf’s-unilateral (the continental’s-precedent (the creeper (the “the-claims’-cascade” (the 1945’s-impact (the “the-post-war-assertion”)))))));
- The UNCLOS’s-era: the “the-common-heritage” (the Pardo-1967 (the Malta’s-proposal (the “the-Arvid-Pardo” (the deep’s-common (the “the-seabed-committee” (the “the-then-the-1973-conference” (the 9-years’ (the 150-plus-states (the “the-single-text” (the 1982’s-adoption (the package (the “the-vote-130-4” (the US-and-the-others’-against (the 1994’s-Agreement (the part-XI-fixed (the “the-US’s-almost” (the “the still-the-non-party”‘s-irony (the exam’s-note))))))))))))))))))); the “the-Montego-Bay-1982” (the convention’s-place (the in-force-1994 (the parties-160-plus (the near-universal (the Nepal’s-signatory-not-party (the verified-record (the 1982-12-10’s-signature (the unratified (the access-interest’s-anyway (the Art-125’s))))))))));
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