01 development of the law of the sea
TRANSCRIPT
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HISTORY OF
INTERNATIONAL LAW OF THE SEA &LAW OF THE SEA OF VIETNAM
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Class schedule
Content Date
Class 1 History and development of law of the sea 2/10/2013
Class 2 Baselines and maritime zones under UNCLOS 1982 7/10/2013
Class 3 Legal regime of maritime zones 9/10/2013
Class 4 Legal regime of maritime zones (cont) 14/10/2013
Class 5 Legal regime of maritime zones (cont) 16/10/2013Class 6 Bays, legal regime of island, archipelagic regime 21/10/2013
Class 7 Maritime delimitation 23/10/2013
Class 8 Mid-term exam 28/10/2013
Class 9 New development of the law of the sea 30/10/2013
Class 10 Fisheries 4/11/2013
Class 11 UNCLOS dispute settlement mechanism 6/11/2013
Class 12 UNCLOS dispute settlement mechanism (cont) 11/11/2013
Class 13 Marine environment and MSR 13/11/2013
Class 14 Review 18/11/2013
Class 15 Exam 20/11/2013
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Reading materials:
1. Vaughan Lowe, Robin Churchill, The Law ofthe Sea, Juris Publishing, Inc.; 3rd edition
2. Website of the United Nations Division forOcean Affairs and Law of the Sea:
http://www.un.org/depts/los/index.htm
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Short introduction on internationallaw
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Foundation of International Law1
Concept of International Law
International law is the body of rules which
are legally binding on states and othersubjects in their intercourse with each other.
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Foundation of International Law1
Classification of international law
Public Intl
LawIntl Economic
Law
Private Intl
Law
! Law of IntlOrganizations
! Law of Treaties! Law of the Sea! Diplomatic and
Consular Law! Intl Human Rights Law! Intl Humanitarian
Rights Law
!Intl Investment Law! Intl Trade Law
! Intl IntellectualProperty Law
! Intl Financial Law
! Property Rights! Marriage and
Family Law
! Succession Law! Contract Law! Recognition andEnforcement of
Foreign Decisions
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Subjects of International Law2
Subjects of international law
STATES
INTL
ORGANIZATIONS
NATIONAL
LIBERATION
MOVEMENTS
INDIVIDUALS ?
UN, WTO, EU,
NATO, ASEAN
The 1960 struggles of
African peoples for
decolonization
!
!
!
A subject of intl law is a body or entity recognized or
accepted as being capable of exercising intl rights and
duties.
SPECIAL
ENTITIES
Taiwan, Hongkong,
Vantican
?
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Nature of International Law3
International Law Municipal Law
Are UN, EU, and
ASEAN regarded as
legislative bodies of
the intl law system?
There is a legislative body For example:Congress US, British, China
Duma Russia
National Assembly Vietnam
Parliament Malaysia, SingaporeBundesrat (Federal Council) Germany
Law-making depends
on the will of states.
All states are
sovereign and equal.
The legislature is in the position of
supremacy and enacts binding legislation .
Is there any field of civil law in which the
will of individuals and incorporations
plays an important role in regulating
relations among them?
Law-making
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Nature of International Law3
International Law Municipal Law
Law
enforcement
Sanctions
- Applied by states themselves- Diplomatic measures:
withdrawal an ambassador,
severing diplomatic relations,
filling a protest with the UN.
- Economic sanctions: tradeembargoes, cutting off aid, etc.
- Monetary fine- Incarceration- Capital punishment
Lawdetermination
+ Intl Courts (ICJ, ITLOS, ICC,etc.) may exercise jurisdiction over
limited matters
+ The Court has jurisdictionon all matters of laws and
issues binding judgments.
Such jurisdiction is
compulsory.
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History ofInternational law of the sea
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Decree of
Pope
Alexander VI
& Tordesillas
Treaty
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Principles for the usage of the sea
Books Fighting
Freedom of the seaHugo Grotius: Mare Liberum (1609).
National sovereigntyJohn Selden: Mare Clausum (1635).
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The Codification process of
the law of the sea
1930: Codification meeting of international law
Nationality State responsibility Territorial sea"No agreement had been reached on territorial sea
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The Codification process of
the law of the sea
1958: UN Conference on the law of the sea I
4 Conventions and 1 Protocol
Convention on territorial sea and contiguous zone Convention on continental shelf Convention on high sea Convention on Conservation of natural resources Protocol on dispute settlement
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The Codification process of
the law of the sea
1960: UN Conference on the law of the sea II
Purpose: The breadth of the territorial sea Formula of 6+6: territorial sea + fishing zone 58 for, 28 against & 5 abstained"Fail to reach agreement
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The Codification process of
the law of the sea
1973-1982: UN Conference on the law of the sea III
Background for the conference:
New states after movements for independence The over exploitation of fishery and environmental
pollution Legal regime for the Area
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The first meeting of the 3rdCommittee of the UN
Conference on the law of the sea III, Geneva,
Switzerland, 19/03/1975
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The Codification process of
the law of the sea
1973-1982: UN Conference on the law of the sea III Developed and developing countries National sovereignty and Freedom of navigation Coastal states, non-coastal states, archipelagic
states
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UN Convention on the law of the sea 1982
Opened for signature on 10/12/1982 Consist of 320 articles, 17 parts and 9 annexes Entered into force on 16/11/1994 (after Guyana,the 60 country deposit its ratification). Vietnam ratified UNCLOS on 25/7/1994. Currently have 165 members and entities (EU).
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Institutions established under UNCLOS
International Tribunal on the Law of the Sea Commission on the Limits of the Extended
Continental Shelf
Seabed Authority Conference of member states
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Agreement relating to the implementation of Part XIof the UNCLOS1994
The UN Agreement for the Implementation of theProvisions of the United Nations Convention on theLaw of the Sea relating to the Conservation andManagement of Straddling Fish Stocks and HighlyMigratory Fish Stocks.
IMO conventions
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Law of the sea of Vietnam
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History of the law of the sea of Vietnam
Declaration dated on 12/5/1977 on maritime zones:internal water, territorial sea, exclusive economic
zone and continental shelf.
Participated in the UN Conference on the law of thesea II in 1977.
Declaration on the baseline for measuring the breathof the territorial sea dated on 12/11/1982. Signed UNCLOS on 10/12/1982 and ratified on
23/6/1994.
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History of the law of the sea of Vietnam
Legislations to regulate sea managementincluding fisheries, petroleum, border,
environment protection!
Law of the sea of Vietnam 2012 Ratification of IMOs convetions.
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Questions and discussion arewelcome!
Contact information:
Nguyen Thi Lan Anh, PhD
69 Chua Lang, Dong Daemail: [email protected]