Reference SEA-LAW (UNCLOS) links
:
http://www.bernaerts-sealaw.com
http://www.bernaerts-guide.de
http://www.bernaerts-guide-russian.de
http://www.bernaerts-unclos.de
2006 Reprint by TRAFFORD/USA
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Bernaerts’ Guide to the Law of the Sea
The 1982 United Nations Convention.
Fairplay Publication 1988, Coulsdon UK
Foreword of the 1988 edition
by Satya N. NandanSpecial Representative of the Secretary-General
of the
United Nations for the Law of the SeaOffice for Ocean Affairs and the Law of the Sea
Revolutionary changes have taken place in the International Law of the Sea
since 1945. The process of change was accelerated in the last two decades by
the convening in 1973 of the Third United Nations Conference on the Law of the
Sea. The protracted negotiations, spanning over a decade, culminated in the
adoption of the United Nations Convention on the Law of the Sea in 1982. By 9
December 1984, the closing date for signature, 159 signatures were appended to
the Convention, the largest number for any such multilateral instrument in the
history of international relations.
The
Convention, which was adopted as a comprehensive package, introduced a new
equity in the relationship among states with respect to the uses of the ocean
and the allocation of its resources. It deals, inter alia, with sovereignty and
jurisdiction of states, navigation and marine transport, over flight of
aircraft, marine pollution, marine scientific research, marine technology,
conservation and exploitation of marine living resources, the development
and-exploitation of marine non-living resources in national and international
areas, and unique provisions dealing with the settlement of disputes concerning
the interpretation and application of the new regime.
There is no
doubt that as we approach the 21st century, more and more attention will be
paid to the uses of the oceans and the development of their resources. It is
important, therefore, that these developments should take place within a widely
accepted legal framework so that there is certainty as to the rights and
obligations of all states. The United Nations Convention on the Law of the Sea
provides that framework. It establishes a standard for the conduct of states in
maritime matters. It is thus a major instrument for preventing conflicts among
states.
The
convention and its annexes contain over 400 articles. For many it may be a
formidable undertaking to grasp the substance and structure of it without
making a considerable investment in time and energy. Mr Bernaerts' guide,
therefore, is a welcome addition to the growing body of literature on the convention.
It provides a most useful reference tool which will benefit administrators and
policy makers, as well as scholars. It makes the convention accessible to the
uninitiated and refreshes, at a glance, the memories of the initiated. With
meticulous references and graphic presentations of the provisions of the
convention, Mr Bernaerts has given to the
international community an invaluable guide to the understanding and
implementation of the 1982 United Nations Convention on the Law of the Sea.
Preface (extract) of 1988 edition
The reader
will be aware that the 1982 United Nations Convention on the Law of the Sea is
the first constitution of the oceans, a groundbreaking document in many
respects. He or she might also have made the discovery that the full text of
the Convention is immediately accessible only to experts. If the Convention
were only a treaty consisting of straightforward technical regulatory
provisions, it could be left to them with a clear conscience. But the
Convention is to a large extent a political document and, as such, is expected
to influence significantly the development of relations among the states in the
world community; for this reason, a wide-spread knowledge of the scope, goals,
and regulatory framework of the Convention can only serve to further the aims
of the document and would surely follow the intentions of the many men and
women who made this Convention their life-work, such as Arvid Pardo (Malta),
Hamilton Shirtey Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and
Satya N. Nandan (Fiji), to name only a few of the hundreds who worked on the
preparation of this Convention
As the reader uses the
Guide (Part II), he will find that many provisions of the Convention are much
easier to understand if one knows the basic framework within which a particular
regulation is placed. The Guide aims to provide this framework, with reference
to the text of the Convention and, in addition, to the supporting Commentary of
Part III, which describes the overall context of the major terms and concepts.
The Introduction of Part I sketches the historical background of the Convention
and some of the general effects. A detailed index at the end of the book will
be of assistance in finding specific subjects.
Preface of the
reprint in 2005
More than 15 years ago FAIRPLAY
PUBLICATIONS Ltd, Coulsdon, Surrey,
England,
published the book “Bernaerts’ Guide to the Law of the Sea – The 1982 United
Nations Convention”. The guiding potential of the book to find access to the
1982 Law of the Sea Convention is still given. Internet technology and
publishing on demand invite to provide the interested reader, law student, and
researcher with this tool again. Only the Status of the Convention
(ratification etc) has been updated and instead of the Final Act, the reprint
includes the “Agreement relating to the Implementation of Part XI of the United
Nations Convention of the Law of the Sea” of 1994. The thorough Index of the
1988 edition is reproduced without changes.
Arnd Bernaerts, October 2005,
Reference SEA-LAW (UNCLOS) links :
http://www.bernaerts-sealaw.com
http://www.bernaerts-guide.de
http://www.bernaerts-guide-russian.de
http://www.bernaerts-unclos.de
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COMMENTS
(Selection
“clearly presented”
(R.R. Churchill, in: Maritime Policy & Management
1989, p. 340)
“Bernaerts has saved us a struggle”
(JG, in:
Fairplay International, 13 Oct.1988, p.33)
“this is probably the best edition of the Convention
to put into the hands of Students”
(A.V. Lowe, in: Int’l and Comparative Law Quarterly,
1990, p.16)
“the work contains much useful background
information..”
(R.W. Bentham, in J.of Energy & Natural Resource
Law, 1989, p.336
“useful for the novice as well as for the person with
extensive experience”
(M.Bonefeld, in Verfassung und Recht, 1989, p.83-85)
“it will be an invaluable reference tool and should
sit on the book shelves of policy makers and all others who are involved in maritime
matters”
(Vivian I. Forbes, in: The Indian Ocean Review, May
1990, p.10
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