United Nations Convention on the Law of the Sea, 1982: A CommentaryMyron H. Nordquist, Shabtai Rosenne These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference. |
Contents
COMMENTARIES | 9 |
Preservation of the marine environment | 11 |
GENERAL PROVISIONS | 35 |
Sovereign right of States to exploit their natural | 44 |
Measures to prevent reduce and control pollution | 50 |
Duty not to transfer damage or hazards | 69 |
GLOBAL AND REGIONAL COOPERATION | 77 |
information and data | 93 |
SAFEGUARDS | 320 |
Exercise of powers of enforcement | 325 |
Duty to avoid adverse consequences in the exercise of the powers of enforcement | 330 |
Investigation of foreign vessels | 334 |
Nondiscrimination with respect to foreign vessels | 345 |
Suspension and restrictions on institution of proceedings | 348 |
Institution of civil proceedings | 360 |
Monetary penalties and the observance of recognized rights of the accused | 362 |
MONITORING AND ENVIRONMENTAL | 109 |
Publication of reports | 116 |
Assessment of potential effects of activities | 121 |
INTERNATIONAL RULES AND NATIONAL LEGISLATION TO PREVENT REDUCE AND CONTROL POLLUTION OF THE MARINE ENVIR... | 125 |
Pollution from seabed activities subject to national jurisdiction | 135 |
Pollution from activities in the Area | 147 |
Pollution by dumping | 155 |
Annexes to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter | 169 |
Pollution from vessels | 176 |
Pollution from or through the atmosphere | 207 |
ENFORCEMENT | 214 |
Enforcement with respect to pollution from seabed activities | 222 |
Enforcement with respect to pollution from activities in the Area | 227 |
Enforcement with respect to pollution by dumping | 232 |
Enforcement by flag States | 240 |
Enforcement by port States | 258 |
Measures relating to seaworthiness of vessels to avoid pollution | 273 |
Enforcement by coastal States | 279 |
109 | 280 |
Measures to avoid pollution arising from maritime casualties | 303 |
Enforcement with respect to pollution from or through the atmosphere | 315 |
ICECOVERED AREAS | 392 |
RESPONSIBILITY AND LIABILITY | 399 |
SOVEREIGN IMMUNITY | 416 |
OBLIGATIONS UNDER OTHER | 422 |
MARINE SCIENTIFIC RESEARCH | 429 |
GENERAL PROVISIONS | 438 |
INTERNATIONAL COOPERATION | 466 |
Scientific research | 472 |
CONDUCT AND PROMOTION OF MARINE | 488 |
SCIENTIFIC RESEARCH INSTALLATIONS | 612 |
RESPONSIBILITY AND LIABILITY | 632 |
SETTLEMENT OF DISPUTES | 643 |
DEVELOPMENT AND TRANSFER OF MARINE | 665 |
GENERAL PROVISIONS | 671 |
INTERNATIONAL COOPERATION | 696 |
COOPERATION AMONG | 734 |
Resolution on Development | 741 |
Summary of the Commentary on Article 1 | 749 |
761 | |
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Common terms and phrases
adopted aircraft amendments Annex applicable international rules appropriate article 211 article 246 coastal competent international organizations continental shelf control of pollution control pollution damage developing draft articles dumping enforcement ensure established exclusive economic zone foreign vessels German Democratic Republic Group of 77 Group of Juridical ibid Informal Group Informal Meetings informal negotiations informal proposal international law Juridical Experts Kenya laws and regulations marine environment marine pollution marine scientific research maritime measures Meetings on Item ment mimeo national jurisdiction national laws obligation paragraph paras Platzöder 375 pollution from vessels port proceedings proposals on article protection and preservation provisions reduction and control referred regard regional relating Reproduced in X Reproduced in XI research project RSNT RSNT/Part III Source rules and standards SBC Report 1973 Sea-Bed Committee ship Source 11 submitted territorial sea Third Committee Ukrainian SSR United Nations violation X Platzöder XI Platzöder