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The International Law of the SeaIndia and the UN Convention of 1982$
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Print publication date: 2010

Print ISBN-13: 9780198060000

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780198060000.001.0001

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Epilogue Future Directions

Epilogue Future Directions

(p.242) 8 Epilogue Future Directions
The International Law of the Sea

O.P. Sharma

Oxford University Press

This chapter presents future directions on the international law of the sea. The author believes that problems faced by each nation are global in nature, and transcend political boundaries. Sea borne commerce is expected to quadruple in the near future, making the freedom and the security of the sea imperative. The Third UNCLOS resolved most of the contradictions plaguing the earlier law of the sea, including the reconciliation of movement on the sea with the exploitation of its under water environment; reconciling laws regulating the movement of ships on the waters with those relating to the appropriation of the waters; reconciling freedom of the seas with the demands of sovereignty; and reconciling rules for universal regimes with rules serving regional interests. The author feels that archipelago transit and straits used for international navigation will remain potential flash points. He also feels that many developing countries are not yet ready to take advantage of their marine potential, and discusses their inability to take action against the factory fishing methods of major maritime powers intruding in their territories. Marine officers need to be specially educated in international maritime laws. The author concludes by focusing on the ‘invisible enemy of terrorism’, and US intransigence in not becoming party to the Third UNCLOS because of its seabed mining provisions. Soviet reservations of the conclusions of the Third UNCLOS are also discussed.

Keywords:   international law of the sea, Third United Nations Conference on the Law of the Sea, freedom of the seas, factory fishing methods, US recalcitrance, Under water environment, archipelago transits, international maritime laws, straits and international navigation

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