Book contents
- The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
- The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Documents
- Abbreviations
- 1 Introduction and Theoretical Framework
- 2 Coastal States’ Rights and Obligations under the Law of the Sea
- 3 Flag States’ Rights and Obligations under the Law of the Sea
- 4 Maritime Entitlement and Maritime Delimitation
- 5 Protection of the Marine Environment
- 6 Procedural Rules on Dispute Settlement
- 7 Contribution of UNCLOS Tribunals to the Development of the Law of the Sea
- Bibliography
- Index
2 - Coastal States’ Rights and Obligations under the Law of the Sea
Published online by Cambridge University Press: 02 February 2023
- The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
- The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- Table of Treaties and Documents
- Abbreviations
- 1 Introduction and Theoretical Framework
- 2 Coastal States’ Rights and Obligations under the Law of the Sea
- 3 Flag States’ Rights and Obligations under the Law of the Sea
- 4 Maritime Entitlement and Maritime Delimitation
- 5 Protection of the Marine Environment
- 6 Procedural Rules on Dispute Settlement
- 7 Contribution of UNCLOS Tribunals to the Development of the Law of the Sea
- Bibliography
- Index
Summary
The term ‘coastal State’ is not defined under UNCLOS despite being one of the most frequently used terms. In the EEZ, UNCLOS confers upon coastal States both exclusive sovereign rights and jurisdiction over natural resources and jurisdiction in relation to artificial islands, installations and structure, marine scientific research and environmental protection. However, the scope of these rights and obligations is not always clearly set out in the relevant provisions, requiring further clarification and elaboration. Moreover, due to the new scope of power given to coastal States in the EEZ, the question has arisen as to how coastal States’ rights and obligations in this new maritime zone, as well as coastal States’ rights and obligations in the territorial sea and the high seas, interact with historic claims arising prior to the entry into force of UNCLOS. This chapter analyses the decisions rendered by UNCLOS tribunals addressing the abovementioned issues and assesses the extent to which they have contributed to clarifying relevant rules relating to coastal States’ rights and obligations under the law of the sea.
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- Publisher: Cambridge University PressPrint publication year: 2023