Building on the Strengths and Addressing the Challenges: The Role of the Law of the Sea Institutions

Abstract

With the Law of the Sea Convention celebrating its 10th anniversary in 2004, an opportunity arises to assess the impact of new institutions created by the Convention. An analysis is undertaken of the work of the Commission on the Limits of the Continental Shelf, the International Sea-Bed Authority, and the International Tribunal for the Law of the Sea. It is argued that all three of these institutions are playing an important role in the evolution of the law of the sea, and giving effect to fundamental norms of the Convention, such as the common heritage principle. However, conflicts loom over the delimitation of maritime space, forum shopping, and treaty parallelism. It is concluded that these institutions will continue to play an important role for the law of the sea in the coming decade. Show more