Abstract
This study examines the nature of sovereign rights and application of jurisdiction in the EEZ in the light of traditional international legal principles relating to territory, jurisdiction, sovereignty and sovereign rights. As well as examining any entitlements thereof from the perspective of both sides, this study will argue that the key to clarification lies in the examination of the jurisdictional possibilities present in the governance of the EEZ.
An assessment of measures by the state parties to the South Pacific Forum Fisheries Agency (FFA) features to determine extant state practise. In arguing for a move beyond a fixation in sovereignty, this study introduces the possibility of assumed jurisdiction by third parties such as the port state through regional and sub regional action. It then will argue for its development as the basis for the continued recognition of a fundamental aspect of the law of the sea- the freedom of navigation- without which the LOSC treaty risks unravelling or redundancy.
Stressing the issues raised by the legal status of the EEZ as distinct from the territorial sea and the high sea, the individual chapters reveal a number of core themes such as resource rights and access rights; the sovereignty and sovereign rights debate from an EEZ perspective; the tensions between sovereign rights in relation to resources and ocean usage for navigation.
As well reconciling state practise from the period of the United Nations Conferences on the Law of the Sea, particularly from the South Pacific states to the LOSC, the utility of the concept of jurisdiction in international law and its application in the study of the EEZ will be highlighted. If the nature of international law process is that of generality in the light of differing claims and issues, identifying and categorising areas of divergence whist highlighting models that might lead to some generality may become of particular importance in further research in this field.
These chapters in highlighting concomitance or divergences in state practise whilst attempting to propose reasons for this, will conclude that the future development of the law of the sea in the light of the importance of the EEZ is dependent on a clarification of jurisdictional measures in this zone and an adaptation of old rules of access in light of new alternatives to governance.
An assessment of measures by the state parties to the South Pacific Forum Fisheries Agency (FFA) features to determine extant state practise. In arguing for a move beyond a fixation in sovereignty, this study introduces the possibility of assumed jurisdiction by third parties such as the port state through regional and sub regional action. It then will argue for its development as the basis for the continued recognition of a fundamental aspect of the law of the sea- the freedom of navigation- without which the LOSC treaty risks unravelling or redundancy.
Stressing the issues raised by the legal status of the EEZ as distinct from the territorial sea and the high sea, the individual chapters reveal a number of core themes such as resource rights and access rights; the sovereignty and sovereign rights debate from an EEZ perspective; the tensions between sovereign rights in relation to resources and ocean usage for navigation.
As well reconciling state practise from the period of the United Nations Conferences on the Law of the Sea, particularly from the South Pacific states to the LOSC, the utility of the concept of jurisdiction in international law and its application in the study of the EEZ will be highlighted. If the nature of international law process is that of generality in the light of differing claims and issues, identifying and categorising areas of divergence whist highlighting models that might lead to some generality may become of particular importance in further research in this field.
These chapters in highlighting concomitance or divergences in state practise whilst attempting to propose reasons for this, will conclude that the future development of the law of the sea in the light of the importance of the EEZ is dependent on a clarification of jurisdictional measures in this zone and an adaptation of old rules of access in light of new alternatives to governance.
| Original language | English |
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| Qualification | Doctor of Laws |
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| Supervisors/Advisors |
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| Award date | 11 May 2015 |
| Publication status | Published - 11 May 2015 |
Keywords
- International Law of the Sea
- UNCLOS
- Public International Law
- International Relations
- Ocean Governance