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Definitions for the Law of the Sea
Terms Not Defined by the 1982 Convention
General Editor
George K. Walker
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Foreword
John Norton Moore1
The United Nations Convention on the Law of the Sea (UNCLOS) is
one of the most important multilateral conventions in history. Adopted
in 1982, and effectively completed in 1994 with a revision of Part XI on
Deep Seabed Mining, the Convention is today in force for 160 nations
plus the European Union. In its 17 parts encompassing 320 articles
with nine annexes (and Final Act with six annexes) the Convention is
the authoritative contemporary basis for the law of the sea. Over a
quarter century in the making, the Convention has achieved a remarkable
breakthrough in oceans law ending the struggle lasting more than
four centuries between coastal nations seeking expanded control over
coastal resources and maritime powers seeking to protect navigational
freedom so essential for global trade and commerce. The answer
embodied in the Convention is a simple functional division of ocean
space, with coastal nations given jurisdiction over an extended 200
nautical mile exclusive economic zone for fisheries and other economic
interests while navigation remains a high seas freedom beyond
the territorial sea. In so doing the Convention has implemented the
community common interest on both issues and has achieved a true
win/win situation. Further, the Convention strengthens navigational
rights through modernization of the regime of innocent passage as
embodied in the 1958 Geneva Conventions and adopts an important
new regime of transit passage for international straits. In addition, the
Convention embodies an impressive framework environmental regime
for the oceans, modernizes the regimes for the continental margin
(still termed “continental shelf ”) and marine scientific research.
Following the 1994 revision, it sets out a workable regime for deep
seabed mining in areas beyond national jurisdiction. The Convention
also creates an effective dispute resolution mechanism, offering a
choice between the International Court of Justice, a new Law of the Sea
Tribunal and arbitration. Certainly UNCLOS is in the category of the
United Nations Charter, the Vienna Convention on the Law of Treaties,
and the 1949 Geneva Conventions on the Law of War, as among the
most important and successful multilateral international agreements
in history.
A starting point for analyzing UNCLOS is the multivolume
Commentaryâ•›2 prepared with broad international participation under
the auspices of the University of Virginia’s Center for Oceans Law and
Policy. Virginia also maintains one of the largest collections of oceans
law materials in the world, as well as what is believed to be the only
oceans law archive in the world.
Definitions for the Law of the Sea, reflecting the work of the
International Law Association (American Branch) Law of the Sea
Committee in providing definitions for over 200 terms not defined
in UNCLOS, is an indispensable additional source for governmental
officials, academics and practitioners of oceans law as a supplement to
the Virginia Commentary. It has been prepared with the participation
of many top experts in oceans law, including important oceans law
scholars from around the world and submission for comment to the
United Nations Division for Oceans Affairs in the United Nations
Office of Legal Affairs.
Particular thanks for this outstanding book are due J. Ashley Roach
who, as the then top expert in oceans law of the United States
Department of State, initially suggested the project, and the Chair of
the International Law Association (American Branch) Law of the Sea
Committee, Professor George K. Walker, who as Committee Chair
undertook the work of compiling the volume, an enormously time
consuming task normally undertaken by a committee reporter.
Professor Walker, as a former Stockton Professor of International Law,
is widely regarded as one of the top experts in the law of the sea. This
work certainly confirms that reputation. The law of the sea community
owes him a debt of gratitude for this important work.
There is yet another reason why it is a special pleasure for me to
recognize this important new contribution to law of the sea scholarship
and the outstanding work of Professor Walker. For Professor
Walker, the force behind this splendid addition to the law of the
sea, was one of the outstanding Master of Laws3 graduates of the
University of Virginia School of Law. It was my pleasure to admit
Professor Walker to the program and to have him as a student during
my tenure as Director of the Graduate Program at Virginia. As such,
I have long admired Professor Walker’s scholarship and appreciated
his friendship.
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