Nobody downloaded yet

Law of the Sea - Essay Example

Comments (0) Cite this document
Title: Law of the Sea Introduction: Doctrine related to sea is a concept that came into existence in and after the seventeenth century1. Earlier to that the sea remained free of any law or regulation. The effects of pollution, as well as the huge stocks of fish leading to tensions among the coastal countries trying to preserve their own rights on them were causing threats to the seas…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
Law of the Sea
Read TextPreview

Extract of sample "Law of the Sea"

Download file to see previous pages The different provisions of this convention included setting of limits, navigation rules, exclusive economic zones, continental shelf, deep seabed mining, the exploitation regime, prospects of technology, the issue of universal participation in the convention, pioneer investors, protection of the marine environment, marine scientific research, and settlement of disputes3. The present study focuses on the UN Convention on the Law of the Sea 1982 and discusses about the powers that the Convention provides to flag, port and coastal states trying to determine its effectiveness and appropriateness towards prevention, control and minimization of pollution and damage to the marine environment. UN Convention of the Law of the Sea: Article 94 Presenting Duties of the Flag State: According to the Article 94 of the convention, it was the duty of every State to implement authority and be in command of the managerial, procedural and communal matters in regard to the ships flying its flag4. A register of ships is required to be maintained in every State that contains the details of all the ships flying its flags excluding the ones that are not under the policies of international regulations5. While every State should follow their internal laws, they are supposed to execute significant control over the administration of the ship flying its flag as well as the masters, the crew and the officers associated with the ship6. The convention provides that every State has the responsibility to consider measures for safety in regard to the (a) the construction, equipment and seaworthiness of ships; (b) the manning of ships, labor conditions and the training of crews, taking into account the applicable international instruments; and (c) the use of signals, the maintenance of communications and the prevention of collisions7. The details of the ships flying its flag are required to be monitored and evaluated by qualified surveyors not only before the ships fly their flags but also at regular intervals once the ships have started. Charts, nautical publications and navigational equipment and instruments that are necessary for the purpose of navigation safety of the ship also need to be available8. Officers and masters in association of the ships should be suitably qualified in seamanship, routing, communications and marine engineering and that the crew members possess sufficient knowledge regarding the type, size, technology and equipment of the ship9. The convention also provides that the crew members as well as the officers and masters need to be acquainted well with the regulations as directed by the law for the safety of life at sea, the avoidance of collisions, the anticipation, diminution and power of marine pollution, and the maintenance of communications by radio10. For the implementation of the above mentioned measures, the convention also rules that every State should be familiar with the regulations, procedures and practices11 internationally stated and thus consider safety measures accordingly. A State has the provision of reporting to the flag State in case any irresponsibility or lack of proper control is observed by the State in relation to the ship flying its flag12. In case of any casualty or incident in navigation leading to loss of lives or in cases of serious ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law of the Sea Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Law of the Sea Essay Example | Topics and Well Written Essays - 2000 words. Retrieved from
(Law of the Sea Essay Example | Topics and Well Written Essays - 2000 Words)
Law of the Sea Essay Example | Topics and Well Written Essays - 2000 Words.
“Law of the Sea Essay Example | Topics and Well Written Essays - 2000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


International Law Of The Sea

...?Critically assess the role of regional fisheries management organisations in the conservation and management of fish stocks that straddle the exclusive economic zone and high seas and highly migratory fish stocks? The regional fisheries management organisations related to ocean bodies have been actively pursuing the conservation and management of fish stock straddling the exclusive economic zone and high seas as well as highly migratory fish stocks. The same has been the objective of United States Fish Stock Agreement. Under the United Nations Convention on the Law of the Sea (UNCLOS), the Agreement came into effect on 4 August 1995 for the conservation and management of...
20 Pages(5000 words)Essay

Law of the Sea

...QUESTION 2: LAW OF SEA CONVENTION 1992 Introduction: The legal aspects that need to be scrutinized in this case is whether A is at liberty to prolong the detention of the ship Anna and its crew members and to demand a Bond or financial security of an alleged unreasonable sum of US $ 80,000,000 for their release . The alleged transgressions indulged by vessel of State B that need to be addressed to: 1. The alleged illegal fishing indulged in by State B within the 200 nautical miles distance of the Exclusive Economic Zone (EEZ) of State A in direct contravention of territorial jurisdiction of State A. 2. Alleged collection of subsoil samples around the coastal areas of State A without the latter's explicit...
8 Pages(2000 words)Case Study

Law of carriage of goods by sea

...Topic: Law of Carriage of Goods by Sea The Case of Fast &Ready: Part A Fast & Ready is a company that owns a large fleet of cargo vessels of many different types. Here Fast and Ready seeks advice on the following case. On 1st October 2007 Fast & Ready fixed its vessel 'The Multipurpose' to charterer Chester on a Gencon 1994 voyage charterparty from Port Elisabeth, South Africa to Liverpool, England for a cargo of 5,000 tonnes of chemicals (toxic liquid cargo) to be carried in bulk. The 'expected ready to load' date in box 9 of the Gencon 1994 voyage charterparty form stated 15th December 2007. Box 21 contained the 3rd January 2008 as 'cancelling date' and box 25 remained empty. On 3rd October 2007 Fast & Ready double checked... fault or...
15 Pages(3750 words)Essay

International law : Law of the sea

...One of the most prolific aspects of a s rights within its territorial waters is that of sovereignty. Entered in force on November 16, 1994, the 1982 United Nations Convention on Law of the Sea (UNCLOS) or simply LOS delineates the scope and ramifications of all activities relating to the sea. An integral part of LOS is the demarcation of territorial waters and other aspects of the territorial sea. The width of the territorial sea was one of the most controversial questions in international law. The concept of territorial seas grew out of the need for coastal states to protect themselves. It was traditionally three miles, but this distance varied widely and was challenged frequently. It was not until the 1958 Convention... Convention on...
6 Pages(1500 words)Essay


...are due and which party is the primary causal factor for those damages. Application of Case law: Every contract of carriage will be governed by the Hague Visby rules, even if it is not specifically stipulated in the contract between the parties, as per the principle spelt out in the case of Shackman v Cunard White Star Ltd.3 In the case of Vita Food products v. Onus Shipping Company4, an English Court held that the Hague Visby rules were not legally actionable, but this precedent was soon overturned with the passage of the UK Carriage of Goods by Sea Act of 1971, which specifically gives the Hague Visby rules the force of law in the U.K. Moreover, these rules will also apply in the...
10 Pages(2500 words)Essay

Scenario Question: Law of the Sea

...Law of the Sea Assignment Scenario Question Introduction This question relates to a discussion of the issue arising out the given scenario which involves issues from the Law of the Sea and the relevant conventions. The relevant case law and recent developments have been accordingly discussed and evaluated. Background of the law It is worth noting at the outset that this question which is about the e discussion of the Law of the Sea pertains to a thorough analysis of the international conventions and customary law governing this area.A prominent feature of the new law of...
19 Pages(4750 words)Essay

Discuss the concept of the exclusive economic zone introduced in the 1982 United Nations Convention on the law of the sea. Choose two coastal states from the Asia Pacific region and discuss the implementation of exclusive economic zone jurisdiction in

...The Exclusive Economic Zone Introduction Law of the Sea Convention is an international agreement that establishes nations rights and obligations regarding the ocean. For example, it specifies how far a countrys borders may extend beyond its shoreline. It also seeks to regulate mining at the bottom of the ocean. The treatys official name is the United Nations Convention on the Law of the Sea. It is sometimes referred to as UNCLOS. The United Nations sponsored the treaty, which took effect in 1994 after 60 nations ratified it. The agreement applies only to nations that have officially consented to its terms. The United States has not ratified the treaty.1 The Exclusive...
6 Pages(1500 words)Essay

The Law of the Sea applied to the Mar case

...Law of the Sea applied to the "Marò case” This case exposes the international controversy that exists between India and Italy. The case revolves around a situation where allegedly the Italian military guards shot and killed two Indian men supposing that they posed them a threat as pirates. Country between India and Italy should offer jurisdiction over the case and hence provide justice to the parties involved over the dispute (Anand p.g. 238). The first dispute is concerning the geographical position of the tanker and the fishing boat at the time the incident occurred. While India presents and argument that the vessels were in their territorial waters when the incident occurred, Italy on the other hand...
10 Pages(2500 words)Research Paper

Shipping law-coursework one- Explain and critically evaluate the concept of freedom of navigation .How does the law of the sea draw a balance between : a) providing and facilitating free/ innocent passage.and (b) imposing restraints on such navigation

...Explain and critically evaluate the concept of freedom of navigation. How does the law of the sea draw a balance between: a) providing and facilitating free/ innocent passage, and b) imposing restraints on such navigation? Introduction Freedom of navigation is well known principle in the legal regime governing sea space. It is a principle in the international law and the sea law. It emphasis on freedom to traverse the oceans and condemns war fought in oceans. The freedom of navigation is to be violated only in a compulsory international agreement. This principle is one of the pillars of the law of the sea...
8 Pages(2000 words)Coursework

Law of the Sea: Hot Pursuit

...Law of the Sea: Hot Pursuit Introduction This paper aims to provide a reasonable analysis of the challenges presented in a case study that features a number of sea vessels. It discusses the issue of territorial seas and the obligation and rights of coastal States. Moreover, the paper provides an analysis of right and privileges enjoyed by States in the EEZ and the high seas. In addition, the paper outlines the reasonable right of approach, and the use of force as well as the invocation of hot pursuit. Lastly, the paper discusses the flag state issue and conditions for arrest and release as well as policy issues between Australia, Panama, and New Zealand....
7 Pages(1750 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law of the Sea for FREE!

Contact Us