Functional Jurisdiction in the Law of the Sea

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It is a commonplace observation that the 1982 UN Convention on the Law of the Sea establishes a framework for the Law of the Sea that is based upontwo different concepts. One is a zonal analysis, which takes the juridicalzones into which the seas are divided and stipulates the basic rules applica- ble to each of them in turn. The other is a topical analysis, taking some of themain activities on the seas, such as fishing, marine research and pollution,and again setting out the basic rules for each.

The framework is, however,incomplete, and a great deal is left open, not only to be worked out in moredetailed treaties but also to be governed by more general principles of inter-national law. In this way the 1982 regime will continue to develop to meet new challenges and changed circumstances.

In this monograph Dr Gavouneli explores these issues and offers an expertinsight into the jurisdictional developments that are clearly discernable aquarter-century after the adoption of the Convention. Her keen analysismoves from fundamental principles governing jurisdiction in internationallaw to shrewd reflections on the significance of current developments suchas the Proliferation Security Initiative and questions of jurisdiction over theinternational seabed area. This thoughtful text will be of real interest to allwho have a concern with the directions in which the contemporary Law of the Sea is growing.

Vaughan Lowe
Oxford, August 2007

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