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The Enforcement of International Maritime Rules and Standards

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Chapter Summary

The UN Convention on the Law of the Sea was memorably and correctly described by Ambassador Tommy Koh, in his capacity of the President of the Conference, as the constitution for the oceans. The Convention represents a framework which links together the fundamental rules of the law of the sea with other conventions. This chapter examines some issues concerning enforcement. Good enforcement means that those who fail to respect the rules are first detected and then brought in some way to mend their ways, through administrative or judicial intervention. The Convention of 1982 largely retained the approach to flag state jurisdiction contained in the High Seas Convention of 1958. The role of the International Maritime Organisation (IMO) is a vital one, both in the prescription of rules and in promoting their effective enforcement.

Keywords: enforcement; High Seas Convention; International Maritime Organisation (IMO); Law of the Sea; UN Convention



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