British accession to the UN convention on the law of the sea

International and Comparative Law Quarterly

Volumn 46, Issue 4, 1997, Pages 761-786

  Anderson, D H ^a  

^a NONE

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EID: 85014329183     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1017/S0020589300061200     Document Type: Article

References (29)

1. H.C. Hansard, Vol. 298, Written Answers, col.397. An identical statement was made in the House of Lords.
2. H.C. Hansard, Vol. 33, col.410 (2 Dec. 1982).
3. H.C. Hansard, Vol. 69, cols.642–644 (6 Dec. 1984).
4. Cm 2705. For details of the discussions leading up to this Agreement, see (1993) 42 I.C.L.Q. 654 and
5. (1994) 431. C.L.Q. 886, by the present author. On the entry into force of the Convention
6. see (1995) 441. C.L.Q. 313.
7. H.C. Hansard, Vol. 557, WA31 (20 July 1994).
8. H.C. Hansard, First Standing Committee on Delegated Legislation, 23 Jan. 19%, col.7.
9. H.L. Hansard, Vol.572, cols.456–457 (20 June 1996).
10. For details and comment, see R. R. Churchill, “UK's Decision to Defer Accession to the UN Convention on the Law of the Sea: A Convincing Move?” (1997) 12 Int.I. Marine and Coastal Law 110.
11. E.g. H.C. Hansard, Standing Committee A, col.lll (4 Mar. 1997). See now the Merchant Shipping and Maritime Security Act 1997.
12. See Roach and Smith, United States Responses to Excessive Maritime Claims (2nd edn, 1996) and
13. Kwiatkowska, “Creeping Jurisdiction Beyond 200 Miles in the Light of the 1982 Law of the Sea Convention and State Practice” (1991) 22 Ocean Development and International Law 1S3.
14. Considerations of space preclude an exhaustive examination of the terms of the Convention against the provisions of the relevant British legislation. As a result, several controversial issues receive only summary attention in this article. For excellent general surveys of British law and practice, see A. V. Lowe, “The United Kingdom and the Law of the Sea”, in T. Treves (Ed.), The Law of the Sea: the European Union and its Member States (1997), p.521 and
15. P. Birnie, “Impact of the LOS Convention and UNCED on UK Maritime Law and Policy”, (1994) Marine Policy 483.
16. H.C. Hansard, Second Reading Committee, 28 Apr. 1987, col.3.
17. S.I.1989/482. As regards France, the Order gave effect to the Agreement of 2 Nov. 1988 relating to the Delimitation of the Territorial Sea in the Straits of Dover (U.K.T.S. No.26/1989, Cm 1732). For details, see Charney and Alexander (Eds), International Maritime Boundaries Vol. 11, Report 9–3, p. 1735.
18. H.L. Hansard, Vol.484, col.382 (5 Feb. 1987).
19. For further details about the negotiating history of Part III, see (1989) B.Y.B.I.L. 159 by Satya Nandan and present writer; and
20. for details about the Straits of Dover, see (1992) 7 IJ.E.C.L. 85.
21. H.L Hansard, Vol.568 col.1186 (25 Jan. 1996), Lord Goschen.
22. See the Continental Shelf (Designation of Areas) (No.2) Order 1993 (S.I.1993/1782) and the other orders cited there. For maps of the present UK continental shelf, see The Energy Report 1996 by the Department of Trade and Industry. On the natural prolongation to the west of Scotland, see J. Reiser Neish, “Seismic Structure of the Hatton-Rockall Area”, in Petroleum Geology of northwest Europe: Proceedings of the 4th Conference (1993).
23. Art.109 was based on a British proposal at the Conference on the Law of the Sea, inspired by the failure of the Convention adopted by the Council of Europe in 1965 to eradicate unauthorised broadcasters in unregistered ships from the North Sea. For debates in the House of Lords, see UK Materials in International Law, in (1990) B.Y.B.I.L. 581 et seq.
24. By the Marine, etc. Broadcasting (Offences) (Prescribed Areas of the High Sea) Order 1990 (S.I.1990/2503). See J. C. Woodliffe (1991) 61.C.E.L. 371.
25. D. W. Bowett, “Islands, Rocks, Reefs and Low-Tide Elevations in Maritime Boundary Delimitations’', in Charney and Alexander, at Vol.I, p.131.
26. For a general survey, see Symmons, “Some Problems relating to the Definition of ‘Insular Formations’ in International Law. Islands and Low-Tide Elevations”, Maritime Briefing, Vol.1, No.5, International Boundaries Research Unit, Durham University (1995).
27. H.C. Hansard, First Standing Committee on Delegated Legislation, col.7 (23 Jan. 19%).
28. The Paris Memorandum of Understanding of 1982, as modified, established a system of port State inspection in all major ports in Northwest Europe in order to counter unsafe and polluting ships of all flags. See also EC Directive 95/21 on Port State Control, following the EC Commission's Report “A Common Policy on Safe Seas” (1993).
29. See National Legislation, Regulations and Supplementary Documents on Marine Scientific Research in Areas under National Jurisdiction, UN Publications (1989). Many States have created statutory licensing systems for foreign research cruises.