United Nations Convention on the Law of the Sea 1982: A Commentary : Articles 86 to 132 and Documentary Annexes: Rosenne: 9789041100351: Book: History: eCampus.com

Volume III is the fourth substantive volume to be published in this series, covering articles 86 to 132 of the 1982 Convention. These articles address the issue of States' rights and jurisdiction in maritime areas beyond the limits of national jurisdiction (with the exception of the international seabed area), as well as the regime to be applied to islands, in enclosed and semi-enclosed seas, and with the access of landlocked States to and from the sea. Volume III is a direct continuation of Volume II, which deals with maritime areas under the sovereignty of jurisdiction of a State, and completes the commentary on the provisions of the Convention negotiated under the auspices of the Second Committee at UNCLOS III. The work of the Second Committee was an integrated whole, and the unity of the theme has been spread over two volumes solely as a matter of convenience. A number of documentary annexes have been included in this volume.

Foreword

John Norton Moore

Myron H. Nordquist

Preface

xiii

Satya N. Nandan

Shabtai Rosenne

Principal Contributors to Volume III

xvii

Abbreviations and Acronyms

xxi

Table of Cases

xxv

Table of Treaties

xxvii

Note on Documentation

xxxiii

Note on Sources

xxxix

Note on the Use of the Word ``Shall''

xliii

Officers of the Second Committee

xlv

Sessions of the Conference

xlv

COMMENTARIES

Introduction: The Work of the Second Committee

(26)

PART VII. Introduction

(294)

G.A. Resolution 44/225: Large-scale Pelagic Driftnet Fishing and its Impact on the Living Resources of the World's Oceans and Seas (1989)

(4)

Agreement to Promote Compliance with Inter national Conservation and Management Measures by Fishing Vessels on the High Seas (1993)

(11)

General Provisions

Application of the provisions of this Part

(13)

Freedom of the high seas

(15)

Reservation of the high seas for peaceful purposes

(6)

Invalidity of claims of sovereignty over the high seas

(5)

Right of navigation

(5)

Nationality of ships

103

(19)

Appendix: United Nations Convention on Conditions for Registration of Ships (1986)

110

(12)

Status of ships

122

(6)

Ships flying the flag of the United Nations, its specialized agencies and the International Atomic Energy Agency

128

(7)

Duties of the flag State

135

(18)

Immunity of warships on the high seas

153

(4)

Immunity of Ships used only on government non-commercial service

157

(8)

Penal jurisdiction in matters of collision or any other incident of navigation

165

(5)

Duty to render assistance

170

(8)

Prohibition of the transport of slaves

178

(4)

Duty to co-operate in the repression of slavery

182

(14)

Appendix: Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)

186

(10)

Definition of piracy

196

(7)

Piracy by a warship, government ship or government aircraft whose crew has mutinied

203

(3)

Definition of a pirate ship or aircraft

206

(3)

Retention or loss of the nationality of a pirate ship or aircraft

209

(3)

Seizure of a pirate ship or aircraft

212

(5)

Liability for seizure without adequate grounds

217

(3)

Ships and aircraft which are entitled to seizure on account of piracy

220

(4)

Illicit traffic in narcotic drugs or psychotropic substances

224

(7)

Unauthorized broadcasting from the high seas

231

(6)

Right of visit

237

(10)

Right of hot pursuit

247

(14)

Right to lay submarine cables and pipelines

261

(5)

Breaking or injury of a submarine cable or pipelines

266

(5)

Breaking or injury by owners of a submarine cable or pipeline of another submarine cable or pipeline

271

(4)

Indemnity for loss incurred in avoiding injury to a submarine cable or pipeline

275

(4)

Conservation and Management of the Living Resources of the High Seas

Right to fish on the high seas

279

(11)

Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas

290

(6)

Co-operation of States in the conservation and management of living resources

296

(8)

Conservation of the living resources of the high seas

304

(10)

Marine mammals

314

(7)

PART VIII. REGIME OF ISLANDS

321

(22)

Regime of islands

324

(19)

PART IX. ENCLOSED OR SEMI-ENCLOSED SEAS

343

(28)

Definition

346

(8)

Co-operation of States bordering enclosed or semi-enclosed seas

354

(17)

PART X. RIGHT OF ACCESS OF LAND-LOCKED STATES TO AND FROM THE SEA AND FREEDOM OF TRANSIT

371

(310)

Convention and Statute on Freedom of Transit (1921)

384

(7)

Convention on Transit Trade of Land-locked States (1965)

391

(9)

Use of terms

400

(8)

Right of access to and from the sea and freedom of transit

408

(15)

Exclusion of application of the most-favoured-nation clause

423

(7)

Customs duties, taxes and other charges

430

(6)

Free zones and other customs facilities

436

(5)

Co-operation in the construction and improvement of means of transport

441

(5)

Measures to avoid or eliminate delays or other difficulties of a technical nature in traffic in transit

446

(4)

Equal treatment in maritime ports

450

(5)

Grant of greater transit facilities

455

(6)

DOCUMENTARY ANNEXES

Annex I Report of the Second Committee: Territorial Sea (1930 Conference for the Codification of International Law)

461

(30)

Annex II 1958 Final Act

491

(5)

Annex III 1958 Convention on the Territorial Sea and the Contiguous Zone

496

(9)

Annex IV 1958 Convention on the High Seas

505

(9)

Annex V 1958 Convention on Fishing and Conservation of the Living Resources of the High Seas

514

(7)

Annex VI 1958 Convention on the Continental Shelf

521

(4)

Annex VII 1958 Optional Protocol of Signature concerning the Compulsory Settlement of Disputes

525

(2)

Annex VIII 1958 Resolutions

527

(8)

Annex IX 1960 Final Act

535

(6)

Annex X Main Trends Working Paper

541

(102)

Annex XI Draft Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks

643

(32)

Annex XII G.A. Resolution 49/28: Law of the Sea (1994)

675

(6)

Subject Index

681


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