THE PUBLIC ORDER OF THE OCEANS A CONTEMPORARY INTERNATIONAL LAW OF THE SEAPDF电子书下载

1.COMMUNITY CONTEXT AND FUNDAMENTAL POLICIES 1

The Process of Interaction 14

The Process of Claim 28

The Process of Authoritative Decision 36

The Common Interest in an Economic Balance of Exclusive and Inclusive Uses 51

Factors Influencing Authoritative Decision-Makers 56

The Claim to Authority Asserted 58

The Counterclaim to Authority 62

Significant Features of the Community Context 63

The Community Interest under Probable Future Conditions 63

Authority over Internal Waters 64

Authority over the Territorial Sea 65

Boundary between Internal Waters and Territorial Sea 67

Breadth of the Territorial Sea 69

Authority over the High Seas Areas Contiguous to the Territorial Sea 75

Shared Competence and Use on the High Seas 81

Maintenance of the Public Order of the Oceans and the Nationality of Ships 86

Reciprocal Interests Demand Mutual Restraint 87

2.CLAIMS TO AUTHORITY OVER INTERNAL WATERS 89

Factual Background 89

Claims and Counterclaims:The Pattern of Controversy 92

Basic Community Policies 98

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 99

Claims to Control Access to Internal Waters 99

Access to Ports 99

Access to Internal Waters for Passage 117

Claims to Apply Policy to Vessels in Internal Waters 126

Private Vessels 127

Warships 130

Government Vessels other than Warships 137

Claims to Prescribe for Activities Directly Relating to the Use of Internal Waters 155

Claims to Prescribe and to Apply Policy to Events on Board Ships while within Internal Waters 161

Claims to Resources 173

3.CLAIMS TO AUTHORITY OVER THE TERRITORIAL SEA 174

Factual Background 174

Claims and Counterclaims:The Pattern of Controversy 179

Basic Community Policies 184

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 187

Claims to Control Access to the Territorial Sea 187

Claims to Comprehensive,Continuing Authority to Deny All Passage through the Territorial Sea 187

Claims to Occasional Exclusive Competence to Deny Passage for Cause 226

Claims to Apply Policy in the Territorial Sea 269

Private Vessels 269

Warships 283

Other Government Vessels 284

Claims to Prescribe for Activities Directly Relating to the Use of the Territorial Sea 289

Claims to Prescribe and to Apply Policy to Persons Aboard Vessels in the Territorial Sea 291

Claims to Exclusive Access to Resources 302

4.CLAIMS TO DELIMIT THE BOUNDARY BETWEEN INTERNAL WATERS AND TERRITORIAL SEA 305

Factual Background 305

Claims and Counterclaims:The Pattern of Controversy 309

Basic Community Policies 316

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 319

Claims with Respect to Coasts Having No Special onfiguration 319

Claims with Respect to Coasts with Special Configuration 327

Claims Relating to Indentations 327

Claims Relating to Offshore Islands 373

Claims Relating to Definition of an Island and to Delimitation from Offshore Structures 387

Claims Related to Rugged and Complex Coastal Configurations 398

Claims Relating to Nonadjacent Archipelagoes 411

Claims Relating to Ports and Roadsteads 419

Claims Relating to Delimitation between Proximate States 427

The Claims 427

The Boundary between Adjacent and Opposing States 428

Indentations in the Territory of Two or More States 437

5.CLAIMS TO DETERMINE THE WIDTH OF THE TERRITORIAL SEA 446

Factual Background 453

Fisheries and the Territorial Sea 453

The Territorial Sea and Security 482

Ocean Transportation and the Territorial Sea 485

Claims and Counterclaims:The Pattern of Controversy 486

Basic Community Policies 488

The Claim to Discretionary Authority to Fix the Width of the Territorial Sea 489

Clarification of Policy 489

Trends in Decision 490

Appraisal and Recommendation 498

The Claim to a Particular Width for the Territorial Sea 499

Clarification of Policy 499

Trends in Decision 520

Appraisal and Recommendation 548

The Common Interest in Preserving Inclusive Use and Competence 561

6.CLAIMS TO AUTHORITY IN OCEAN AREAS ADJACENT TO THE TERRITORIAL SEA 565

Factual Background 565

Claims and Counterclaims:The Pattern of Controversy 575

Basic Community Policies 578

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 581

Claims in Relation to Control of Access 582

Claims to Prescribe Authority 608

Claims to Apply Authority 621

Claims Relating to Exclusive Appropriation of Resources in Adjacent Submarine Areas 630

Claims to Exclusive Control of Mineral Resources 631

Claims to Exclusive Control of the Living Resources of Submarine Areas 642

Claims to Delimit the Area of Coastal Control 663

Claims to Prescribe and Apply Authority (Principally Relating to the Accommodation of Exclusive and Inclusive Use) 691

Claims to Delimit Boundaries between Adjacent and Opposing States 724

7.CLAIMS TO SHARED USE AND COMPETENCE UPON THE HIGH SEAS 730

Factual Background 730

Claims and Counterclaims:The Pattern of Controversy 743

Basic Community Policies 747

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation 751

Claims Relating to Access to and Use of the Oceans 751

Claims to Access for All Purposes 751

Claims to Access for Navigation 763

Claims with Respect to Access to Submarine Areas for Communication and Transportation 778

Claims with Respect to Access to Space above the High Seas 782

Claims to Access for Emerging Uses 790

Claims to Regulate,and the Particular Regulation of,Shared Enjoyment of the Oceans 794

Claims to Competence to Prescribe for the Conduct of Vessels 796

Claims to Establish Particular Regulation for Accommodation of Shared Use 805

Claims Relating to Minimum Order 805

Claims Relating to Permissible Coercion by States 805

Claims to Suppress Piracy 806

Claims Relating to Optimum Order 823

Claims with Respect to Safe and Ordered Navigation 823

Claims to Accommodate Surface and Submarine Uses of the Ocean 842

Claims Relating to Control of Pollution 848

Oil Pollution 849

Nuclear Pollution 852

Claims to Apply Policy on the High Seas 868

The Claim to Authority to Apply Policy 869

Claims to Apply Authority to Foreign Vessels for Acts of Piracy 875

Claims to Prevent Use of Ships in the Slave Trade 879

Claims with Respect to Procedures for Enforcement beyond the Territorial Sea of Inclusive and Exclusive Prescriptions 885

Visit and Search 885

Hot Pursuit 893

Clarification of Policy 894

Trends in Decision 898

Appraisal and Recommendation 919

Claims to the Appropriation and Conservation of Marine Animal Resources 923

Clarification of Policy 927

Trends in Decision 941

Objectives of Conservation 941

Allocation of Use 948

Prescription and Application for Exploitation of Marine Animal Resources 964

The Settlement of Disputes 996

Appraisal and Recommendation 998

8.THE MAINTENANCE OF THE PUBLIC ORDER OF THE OCEANS AND THE NATIONALITY OF SHIPS 1008

Attributions of National Character Traditionally Conclusive 1011

The Proposed Subversion in Genuine Link 1013

Irrelevant Demands by Labor and Business 1016

Demanded Remedies Dangerous and Uneconomic 1022

The Derivation from Nottebohm 1026

The Nottebohm Decision Slightly Overextrapolated 1028

Manifold Dangers to Shared Use and Competence 1033

The Requirements of Rational Inquiry and Recommendation 1035

Significant Features of the Process of Interaction 1036

The Process of Claim 1039

The Process of Decision 1047

The Clarification of General Policies:The Common Interest in the Conclusiveness of Attributions of National Character 1051

Trends in Past Decisions and Conditioning Factors 1057

Claims Relating to Control over Ships 1057

Claims to Access and Freedom of Navigation 1071

Claims with Respect to Events Directly Affecting Common Enjoyment of the High Seas 1080

Claims Relating to Events Occurring on Board Ship on the High Seas 1091

Claims to Protect Coastal Interests 1095

Claims Relating to Seizure of Ships for Purposes of Civil Jurisdiction 1106

Claims with Respect to Events Primarily Affecting Value Processes within Territorial Communities and Not Directly Related to the Enjoyment of the High Seas 1107

Claims Relating to Modalities of Proof of the National Character of Ships 1112

Claims with Respect to Registration 1113

Claims with Respect to Documentation 1118

Claims with Respect to Flag 1120

Claims with Respect to Name of Vessel 1122

Claims with Respect to "Genuine Link" 1122

Conclusiveness of Attribution Remains Indispensable 1137

APPENDIXES 1143

A.Convention on the Territorial Sea and the Contiguous Zone 1143

B.Convention on the High Seas 1153

C.Convention on Fishing and Conservation of the Living Resources of the High Seas 1164

D.Convention on the Continental Shelf 1173

E.Ratifications and Accessions to the Conventions 1178

F.Declarations and Reservations to the Conventions 1180

TABLE OF CASES 1193

NAME INDEX 1195

SUBJECT INDEX 1203