Download The Future of the Law of the Sea: Proceedings of the by A. Pardo (auth.), L. J. Bouchez, L. Kaijen (eds.) PDF

By A. Pardo (auth.), L. J. Bouchez, L. Kaijen (eds.)

It is not surprising that the topic "The way forward for the legislations of the ocean" meets with designated curiosity within the Netherlands. "The sea is our point, the roaring sea our glory," because the previous folksong says. For a kingdom whose and prosperity are so heavily attached with the ocean, it truly is of the destiny utmost value to which regime the countries that border upon, sail and take advantage of the ocean are subjected. till lately no one apprehensive concerning the felony regime of the ocean. the primary of the liberty of the ocean, when you consider that Hugo Grotius one of many most powerful, infrequently assailable, ideas of inter­ nationwide legislation, used to be it now not of paramount value for the Netherlands? because the moment international conflict this defense doesn't exist any longer. overseas legislations is shaken in its foundations. This legislations, as soon as anchored within the experience of justice of the then top international locations, which definitely didn't imagine equally, yet to a definite volume alongside an identical traces, has been shaken by way of the advance of teams which now not settle for those ideas because the tenet in their activities. The alarmingly scant willingness one of the more youthful countries to simply accept the obligatory jurisdiction of the overseas courtroom, and the scarce assignments conferred to that courtroom, endure witness to this trouble. increasingly more overseas legislations is traversed by way of cost-effective, sociological, political and gear elements that are laying aside the conceptions of legislation as soon as thought of stable.

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14 Geological characteristics are 11 Revista Peru ana de Derecho Internacional 1956, vol. XVI, p. " III Bouchez, The Rlgime of Bays in International Law, Leyden, 1964, pp. 297-300. 14 See article 4 of the Territorial Sea Convention (1958) relating to the application of a system of straight baselines and article 7 of this Convention relating to the calculation of the territorial sea from a straight baseline in case of bays. THE FREEDOM OF THE HIGH SEAS of great interest in determining the coastal States' rights over the continental shelf, but are completely irrelevant for the determination of the width for the territorial sea.

M. 1971, p. 221. THE FREEDOM OF THE HIGH SEAS status of the high seas as an area to which all States have free access and which may be freely used by all States on equal terms under the conditions laid down by international law. These conditions can be subdivided into two categories: (1) the conditions relating to the very nature and effect of the uses of the high seas and (2) the conditions dealing with the manner in which the uses of the sea may be freely exercised. The firstmentioned category of conditions define broadly outlined the context within which the principle of the freedom of the sea operates, while the second-mentioned conditions have a bearing only on the exercise of the freedom of the sea.

4. : the high seas as res nullius, or res communis or res publica. " 19 These concepts have in fact been borrowed from Roman law. lIl A theoretical discussion of the various concepts concerning the legal characterization of the status of the high seas will be left aside here, since it does not seem to contribute in substance to any practical solution for the present-day problems relating to the uses of the high seas. For practical purposes it is suggested to define the legal 19 Hugonis Grotii de jure praedae commentarius, edited by H.

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