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State Practice And Maritime Claims: Assessing The Normative Impact Of The Law Of The Sea Convention

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Chapter Summary

This chapter examines whether the objective of creating a constitution for the oceans has been realized, as demonstrated through the prism of State practice. It considers two key regimes of the United Nations Convention on the Law of the Sea (LOS Convention) and examines State practice, with a slight emphasis on the Asia-Pacific region, to determine whether State compliance with the Convention reflects its important status, and to demonstrate any normative effect the Convention has exerted. The analysis of State behaviour considers the practice of coastal States only. In the law of the sea, freedom of navigation was perceived as a critical issue and this was reflected in the now superseded Geneva conventions on the law of the sea. A preventative approach to environmental protection is not without some appeal, but the LOS Convention provides little direct assistance for States who wish to deny passage to vessels carrying ultra-hazardous cargoes.

Keywords: environmental protection; freedom of navigation; LOS Convention; State practice



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