BACK TO WATER - CHEERS

The text from 1994 -.enlarge 1st image -  republished here. in Spring 2020

The 1994 text in PDF

 
The most fascinating thing about the day on which the 1982 Law of the  Sea Convention comes into force in a few months' time will presumably be the fact that hardly anyone will be fascinated. While the Earth Summit forced 170 countries to fly their leaders and delegates to Rio in order to plan the planet's preservation, not even two heads of state will meet on 16th November 1994 to pay tribute to the 1982 Convention, although this paper will pave the way for rediscovering that water matters and that its source is the oceans.

The 1982 Law of the Sea is to further understanding on the natural commons buried since the industrial revolution 200 years ago. To the ancient Greeks, Mother Earth was Gaia. Once she and her fellow planets had found their place in orbit they lived as fire spitting rocks. Only Gaia had a son, who is still alive, Pontus, the oceans. Thales of Miletus (640-546 B.C.), the earliest philosopher and considered to be one of the Seven Wise Men of Greece, called water the fundamental element of all things. As this thesis was only preserved for several hundred years by oral tradition before being written down by Aristotle, Thales' thoughts fit well into the picture of Gaia and Pontus. Pontus’ mother, born in the depths of the universe, aged, wrinkled, but still alive, as shown by earth’s volcanic activities, and a son in his best years, strong, dominant and in charge of life on earth.

More than 2000 years later the poet Johann-Wolfgang v. Goethe (1749-1832) gave Thales a voice in his drama, Faust II:

 Everything comes from water!!

Everything is maintained through water!

Ocean, give us your eternal power.

 
Goethe, known for his interest in the young discipline of modern science, never lived by the sea. The Mediterranean was the only sea he ever saw. While 20,000 people from all over the world flew across the oceans to the Earth Summit in Rio, Goethe only crossed the sea from Naples to Palermo in 1787. A bit seasick, he stayed in bed enjoying the unfamiliar environment as he felt relaxed and wrote in his diary "Italian Voyage":

Until one has experienced the sea around one,
one has no idea of world
and its relation to the world.

He himself was delighted by this 'simple but great' line and mentions that it changed his thinking. The foundations for the dramatic figure Thales in Faust II, finished 40 years later, were laid. At the same time, global average temperatures fell dramatically, something which Goethe called the Cold Epoch.

 

While this expression is still used in science, the Epoch after Goethe lost touch with basic principles. They strived to understand the natural commons by means of mathematical and statistical tools, most visible in the field of weather and climate.

The rule of the oceans was forgotten and buried for two centuries. Now the 1982 Law of the Sea provides a chance to rediscover the lost common understanding of how nature works. In addition, Pontus still offers politicians and other interested people the sea for personal experience, either now, or while traveling by sea to the next Earth Summit. A lesson which he was able to teach Goethe and the Greeks, should still be possible today. Even though only few will probably have taken the opportunity to relearn the basics by 16th November 1994, welcome the 1982 Law of the Sea anyhow.

A nip from the ocean, a glass of water will be just fine.

Cheers!

Resume: Since the essay has been published, 35 years ago, little has changed. Science still ignores Gaia, Pontus and the Oceans.  The potential of the 1982 U.N. Law of the Convention for understanding and protection of climate is still not recognised. 

 

XXXXXXXInXXXXXX

 

 

 

 

 

 

 

 

 

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


Available from

Trafford Publishing
1663 Liberty Drive, Bloomington,
IN 47403


 Amazon
& Other
online shops

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

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




 
NOTE
Preparing and publishing of this web-site became necessary when WIKIPEDIA
deleted the  Biography
__1st online 2013-Dec. 2015;
__2nd online Jan--Apr. 2016
More Info
and Discussion










Terms & Conditions