Bernard H. Oxman

The Third United Nations Conference On the Law of the Sea: The 1976 New York Sessions

The law of the sea has changed, for good or for ill. The Revised Single Negotiating TextI (hereinafter RSNT) issued in the spring of 1976 may prove to be the single most important document regarding the law of the sea since the 1958 Geneva Conventions in terms of its influence on state practice, whether by way of an ultimate treaty or otherwise. Important differences will exist regarding the extent to which portions of the text are declaratory of emerging customary international law and regarding the extent to which the text must be changed to be acceptable as a universal treaty or as customary law. Indeed, difficult questions of implementation of its principles in bilateral and other arrangements are already arising. Positions taken at multilateral conferences may differ from the positions taken in other contexts. But the text will not be ignored. Should the Conference ultimately be unable to reach agreement on a treaty, this circumstance will be one of the great ironies in the history of codification and progressive development of international law. It is readily apparent to the participants that this Conference has already achieved agreement in principle on issues that could not be resolved at the earlier Hague and Geneva Conferences and on fundamental legal questions of environmental protection that were not even faced at the earlier conferences. Some of these issues have caused serious difficulties in international relations for some time. Yet the chances for a widely acceptable treaty are in jeopardy in large measure because of fundamental political disagreement over mining of deep seabed manganese nodules-an activity that has yet to begin; that by the end of the century may account for little more than a dozen mine sites out of an area that is nearly half the size of the planet; and that is likely to have less immediate effect on the basic interests of most states than other activities dealt with in the text. In economic terms alone, the irony is apparent if one considers that the Con-

The Preparations for the Law of the Sea Conference

The United Nations General Assembly has convened a new Conference on the Law of the Sea. Its object is to achieve comprehensive agreement on the international law of the sea. Most if not all members of the United Nations, as well as other states, can be expected to attend the substantive session in Caracas this summer. The Conference will have before it the results of the work of the 91member UN Seabed Committee which has been carrying on preparations for the Conference since 1970. The Committees reports include draft texts, usually in the form of alternatives, notably with respect to the question of the legal regime for the deep seabeds and the prevention of ocean pollution; proposals made by a large number of states on one or more issues; and a comprehensive list of subjects and issues.1 To these should be added a number of studies prepared by the UN Secretariat at the Committees request. The Conference must likewise take into account the four Conventions 2 adopted by the 1958 Conference on the Law of the Sea on the basis of texts prepared by the International Law Commission; relevant decisions of the International Court of Justice; the Declaration of Principles regarding the deep seabeds adopted by the UN General Assembly in 1970; 3 and a vast array of official statements and scholarly writings regarding the nature and content of the existing law of the sea.

Complementary Agreements and Compulsory Jurisdiction

Since the founding of the United Nations, the number of treaties and the matters they address have expanded vastly. It is increasingly common to find the same subjects addressed in complementary global, regional, and bilateral treaties. Many of these treaties contain provisions on the settlement of disputes regarding the interpretation or application of that treaty itself. Only some of those provisions establish compulsoryjurisdiction. These circumstances suggest an increasing probability that a dispute will arise between states under the substantive provisions of two complementary treaties with dispute settlement clauses, only one of which provides for compulsory arbitration or adjudication either in general or with respect to that dispute.

The M/V "Saiga" (No. 2) (Saint Vincent and the Grenadines v. Guinea), Judgment (ITLOS Case No. 2)

On October 27, 1997, the M/V Saiga, an oil tanker serving as a bunkering vessel off the coast of West Africa, supplied gas oil to three fishing vessels licensed by Guinea to fish in its 200-mile exclusive economic zone (EEZ). The refueling occurred within Guineas EEZ about 22 miles off the island of Alcatraz. The next day Guinean patrol boats fired on, boarded, and arrested the Saiga off the coast of Sierra Leone, beyond the southern limit of Guineas EEZ. Two persons on board suffered gunshot wounds. The Saiga was brought to Conakry, where the ship and crew were detained, the cargo of gas oil was removed, and the master was prosecuted for customs violations. In its first full case on the merits, the International Tribunal for the Law of the Sea (the Tribunal) found that Guineas actions violated the UN Convention on the Law of the Sea (the Convention) and awarded damages to Saint Vincent and the Grenadines (St. Vincent). At the time of its arrest, the Saiga was owned by a Cyprus company, managed by a Scottish company, and chartered to a Swiss company. Another Swiss company owned the cargo of gas oil. On board were a Ukrainian master and crew, and three Senegalese workers (painters). Previously registered in Malta, the Saiga was provisionally registered in St. Vincent on March 12, 1997. The provisional registration certificate stated that it expired after six months. St. Vincent issued a permanent registration certificate on November 28, 1997. On November 13, 1997, St. Vincent submitted an application for prompt release of the Saiga and its crew under Article 292 of the Convention. On December 4, the Tribunal fixed bond and ordered the release. Guinea rejected die bond and refused to release the vessel and its crew. On December 10, Guineas public prosecutor specified criminal charges

Homage to Judge Tullio Treves

The common thread of Judge Treves’ opinions is that they reflect a deep interest in the coherence of the relationship between the Law of the Sea Convention and its dispute settlement procedures with substantive and institutional developments in international law outside the Convention. The author proffers the hypothesis that Tullio Treves believes that the ultimate vocation of the judge is the coherent management of the legal system itself.

Reflections on the Theme of the Oceans in the Nuclear Age

In this concluding chapter, the author presents two particular themes. The first is the repeated emphasis on a few dominant interests. The author describes these interests as interests as security, health and environmental protection. The other common theme is the existence of certain synergies. Some of the synergies may unite all three objectives. An obvious example relates to security. The chapter addresses the question of transport of reprocessed nuclear fuel and the problem posed by the threats of environmental damage associated with such transport. There is always a risk in dealing with ocean issues in a venue where many government representatives and the secretariat have little experience with the oceans. Evocation of abstract principle by politicians and their academic tutors cannot, in the absence of adequate research and debate, yield solutions to the difficult questions posed that are of the quality and durability one desires. Keywords: environmental protection; nuclear age; ocean transport activities

The "Grand Prince" (Belize v. France). Judgement. ITLOS Case No. 8

International Tribunal for the Law of the Sea decision on requirement that application for prompt release of a vessel be brought by or on behalf of the flag state.

Law of the Sea: U.S. Policy Dilemma

Law of the sea : U.S. policy dilemma , Law of the sea : U.S. policy dilemma , کتابخانه دانشگاه امام صادق(ع)