The Other Law of the Sea

Abstract

The 1982 United Nations Law of the Sea Convention (UNCLOS) is, quite understandably, viewed by many as the be all, end all statement and source of the law of the sea. Not only does the convention s name imply that it occupies the field, so to speak, but its sheer size, scope, ubiquity, and near-universal acceptance support such a perception. Even the United States, which has not ratified UNCLOS, considers most of its provisions to reflect, or to have achieved the status of, customary international law and thus to be binding on nations that do not specifically decline to adhere to them. The reality, however, is that while UNCLOS provides an overall framework for legal governance of the world's oceans and codifies such important principles as freedom of the highh seas and flag-state primacy, it is by no means the single, definitive statement of the law of the sea. Other significant international conventions are widely accepted and fill some gaps in the UNCLOS framework. Importantly, many of these other sources of the law of the sea provide coastal and port states like the United States substantial power and authority to safeguard vital safety, security, and environmental interests within their maritime zones, including the exclusive economic zone, contiguous zone, territorial sea, and internal waters. The United States has ratified many of these conventions and incorporated their provisions into domestic law. This article will discuss and analyze aspects of this supporting array of international maritime law. It will begin by examining UNCLOS to set out its basic framework for governance of the world s oceans. It will next discuss the particulars of less widely discussed sources of the law of the sea in the vessel safety, security, and pollution realms, and demonstrate how they add fabric, greater fidelity, to UNCLOS's general framework.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Jan 01, 2011
Accession Number
ADA619251

Entities

People

  • Andrew J. Norris

Organizations

  • Naval War College

Tags

Communities of Interest

  • Ground and Sea Platforms

DTIC Thesaurus Topics

  • Accidents
  • Classification
  • Coast Guard
  • Environmental Protection
  • Homeland Security
  • International Law
  • Law
  • Maritime Security
  • Naval Operations
  • Naval Warfare
  • Safety
  • Safety Equipment
  • Security
  • Ships
  • United Nations
  • United States
  • War Colleges

Fields of Study

  • Environmental science

Readers

  • Asian Economic Studies
  • Strategic Security Studies
  • Systems Analysis and Design