Submission Open for IJEER Volume-3, Number-10, October 2019 | Submission Deadline- 20 October, 2019

International Journal for Empirical Education and Research

The Historical Development of International Law of the Sea

Author: Tam Xuan Song | Published on: 2017-10-31 19:43:31   Page: 28-40   237

Abstract
Modern Law of the Sea the date of the date of the beginning of the modern international law. Graeasius, a Dutch lawyer who is considered as the law of international law, is considered as a law of the sea. In this issue published in 1609, his basic work, Free Sass, or Murray Liber tom, established some important concepts in this regard. He summarized the principle of freedom of the sea, which is free from the sea and all countries should be open to use. Not to be ambitious about the third United Nations Conference Sea law was one of the most important legislative events of the twentieth century, Centuries this international law initiates a revolution a new legislative strategy for making compromises and universal decisions Participation it creates a comprehensive deal on the sea law. As a result, it is claimed that the convention of the Sea Convention is to be provided universally, this thesis initially established a legal basis for the Los Convention The universal structure for the sea law. Discuss how it shows up the convention mainly affects traditional international law so that it is possible. The sea speaks of a universal law. However, the convention status as a public the law creates problems for its future development because it cannot be fully considered from the point of view of the treaty law. Therefore, the thesis will be considered. In addition to other legislation, the procedure for change in the Convention Out process with traditional contract framework. The central role of this analysis Institutions in the modern international law organization Thesis shows the acting part Through the law of the sea through developing political and technical institutions Explanation, correction, and correction, as well as in this way Organizations have used and improved universal decision-making strategies The first UNCLOS third is seen. It will analyze the role of court judges and tribunals maintaining and developing sea legal orders. This analysis shows that the convention provides legal framework. The modern laws of the sea for all states. In this context, there are institutional mechanisms the one-sided state practice in law enactment is replaced. Moreover, the state has been shown a choice for flexibility and pragmatism on the formal correction method. The Los Convention is creating a statutory legal order for maximum achievement, Ocean to maintain this stability, continuing discussion, discussion and compromise is important through international organizations.

Keywords
Origin; International Law; Era; Conventions.

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Song, T., X. (2017), The Historical Development of International Law of the Sea. International Journal For Empirical Education and Research, 1(2), 28-40.

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    Song, T., X. (2017) "The Historical Development of International Law of the Sea", International Journal For Empirical Education and Research, 1(2), pp.28-40.

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    Song, T., X.. The Historical Development of International Law of the Sea. International Journal For Empirical Education and Research. 2017; 1(2): 28-40.

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    Song, T., X.. The Historical Development of International Law of the Sea. International Journal For Empirical Education and Research. 2017; 1(2): 28-40.

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    Song, T., X.. The Historical Development of International Law of the Sea. International Journal For Empirical Education and Research. 2017; 1(2): 28-40.

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  • Reference

    1. Brief History of the Law of the Sea. Por Alexei Zinchenko
    2. Evolution of the law of the sea: developments in law-making in the wake of the 1982 Law of the Sea Convention
    3. Rothwell and Stephens,  The International Law of the Sea, Oxford and Portland, Oregon, 2010, page 1
    4. Brown, "Law of the Sea, History", in Encyclopedia of Public International Law, ed. Bernhardt (North-Holland, 1989) at p. 192
    5. https://www.britannica.com/topic/international-law/Historical-development
    6. For instance, O’Connell traces the notion of land-kenning to the Scots lawyer, Craig; The International Law of the Sea
    7. Cited by Ibid. at p. 11. In Currie v M’Knight, the UK House of Lords held that the Scots admiralty law was the same as that applied by the English Court of Admiralty; Currie v. M'Knight, (1896) 4 S.L.T. 161.
    8. The Paquete Habana, (1899) 175 US Reports 677
    9. The Case Concerning the S.S. Lotus, at p. 21.
    10. 1958 Geneva Conventions on the Law of the Sea
    11. LAW OF THE SEA AND THE UN CONVENTIONS
    12. United Nations, the Work of the International Law Commission (United Nations, 1988) at pp. 3-4. See also Churchill and Lowe, The Law of the Sea at pp. 14-15.
    13. United Nations, the Work of the International Law Commission (United Nations, 1988) at pp. 3-4. See also Churchill and Lowe, The Law of the Sea at pp. 14-15.
    14. At the time, only eighty-two states were members of the United Nations.
    15. See Official Records of the United Nations Conference on the Law of the Sea, vol. 2, at p. xiii.
    16. UNCLOS II failed by one vote to adopt a compromise formula providing for a six mile territorial sea and a six mile fisheries zone; see Churchill and Lowe, The Law of the Sea at p. 15.
    17. Between 1957 and 1973, membership of the United Nations rose from 82 to 135
    18. Hereinafter, “the Seabed Committee”. 76 General Assembly Resolution 2340 (XXII), 1967, at para.
    19. Ibid. Sinclair, the International Law Commission at p. 28.
    20. General Assembly Resolution 2750 (XXV), 1970
    21. See Churchill and Lowe, the Law of the Sea at p. 17.

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    Author Details


    Tam Xuan Song
    School of Law
    City University of Hong Kong
    sxuantam@yahoo.com