Reflections on the Contemporary Law of the Sea

Helmut Tuerk is a former Ambassador and Legal Advisor of the Austrian Foreign Ministry. He is a judge and a former Vice-President of ITLOS, and the author of numerous publications in the field of international law, in particular the law of the sea.

This book is of special interest to international law institutes, particularly those dealing with the law of the sea, academic libraries, as well as academics and students of the law of the sea.

I. INTRODUCTION
II. THE DEVELOPMENT OF THE MODERN LAW OF THE SEA
A. The Historic Evolution of the Law of the Sea
B. The Twentieth Century Challenge to the Freedom of the Seas
C. The 1982 United Nations Convention on the Law of the Sea (UNCLOS)
D. The Extension of Coastal State Sovereignty and Jurisdiction

III. THE PRINCIPLE OF THE COMMON HERITAGE OF MANKIND
A. The Evolution of the Concept
B. UNCLOS and the Common Heritage of Mankind
C. The 1994 “Implementation Agreement” to Part XI of UNCLOS
D. The Current State of the Principle of the Common Heritage of Mankind

IV. THE LANDLOCKED STATES AND THE LAW OF THE SEA
A. Landlocked States and Maritimes Uses
B. The Historic Evolution of the Maritime Rights of Landlocked States
C. The 1958 Geneva Conventions on the Law of the Sea
D. The 1965 Convention on Transit Trade of Landlocked States
E. The Third United Nations Conference on the Law of the Sea
F. UNCLOS and the Landlocked States
G. Developments since the adoption of UNCLOS

V. THE RESURGENCE OF PIRACY
A. The Present Situation
B. The History of Piracy
C. The Definition of Piracy
D. Universal Jurisdiction
E. The Repression of Piracy
F. Measures against Somali Piracy
G. Current Legal Problems
H. Outlook

VI. TERRORISM AT SEA
A. The Legal Response to Terrorism at Sea
B. The 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) and Protocol
C. The Updating of the SUA Convention and Protocol
D. The Protocols of 2005 to the SUA Convention and Protocol
E. The SUA Convention and Piracy
F. Current Situation

VII. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS)
A. UNCLOS and the Settlement of Disputes
B. Composition and Structure of ITLOS
C. The Jurisdiction of ITLOS
D. The Jurisprudence of ITLOS
1. Provisional Measures
2. Prompt Release of Vessels and Crews
3. Cases relating to the Merits
4. Advisory Opinion
E. Assessment

VIII. THE WANING FREEDOM OF THE SEAS
A. The “Territorial Temptation” of Coastal States
B. Limitations to the Freedom of Navigation
C. The Restricted Freedom of High Seas Fishing
IX. Conclusion

BIBLIOGRAPHY

INDEX