Further
book details below
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Bernaerts'
Guide
TABLE OF CONTENTS
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Book published: 1988 Fairplay/UK, 2005 (reprint) by Trafford
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Preface
of the reprint in 2005
More than 15 years ago FAIRPLAY PUBLICATIONS Ltd, Coulsdon, Surrey, England, published the book "Bernaerts' Guide to the Law of the Sea - The 1982 United Nations Convention". The guiding potential of the book to find access to the Law of the Sea Convention is still given. Internet technology and publishing on demand invite to provide the interested reader and researcher with this tool again. Only the Status of the Convention (ratification etc) has been updated and instead of the Final Act, the book edition includes the "Agreement relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea" of 1994. The corresponding web site neither includes the text of the 1982 Convention, nor the Agreement of 1994. The thorough Index of the 1988 edition is reproduced without changes.
Arnd Bernaerts,
October 2005,
Comments
1988-1990
___"an
invaluable guide to the understanding and implementation of
the 1982 United Nations Convention on the Law of the Sea"
Satya N. Nandan,
U.N. Undersecretay, in: Book Foreword, 1988
__"clearly presented" R.R. Churchill, in: Maritime Policy & Management 1989, p. 340 __"the (book's) concept, which is so wonderful simple, is exactly the factor which makes the book so useful for both the novice as well as the person with extensive experience"
M. Bonefeld, in:
Verfassung und Recht, 1989, pp. 83-85
__"the work
contains much useful background information…." R.W.
Bentham, in: Journal of Energy & Natural Resource Law,
1989, p. 336
__"Bernaerts
has saved us a struggle" JG,
in: Fairplay Shipping Weekly Magazin, 13th October 1988, p.
33
__"this is
probably the best edition on the Convention to put into the
hands of students"
A.V. Lowe, in:
Int'l and Comparative Law Quarterly 1990, p. 16
__"it will be
an invaluable reference tool and should sit on the book
shelves of policy makers and all others who are involved in
maritime matters"
Vivian I. Forbes,
in: The Indian Ocean Review, May 1990, p.10
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Bernaerts’s
Guide to the 1982 United Nations Convention on the Law of the
Sea
FOREWORD
of the 1988 edition
by Satya N. Nandan
Special
Representative of the Secretary-General of the United
Nations for the Law of the Sea Office for Ocean Affairs and
the Law of the Sea
Revolutionary changes have taken place in the International Law of the Sea since 1945. The process of change was accelerated in the last two decades by the convening in 1973 of the Third United Nations Conference on the Law of the Sea. The protracted negotiations, spanning over a decade, culminated in the adoption of the United Nations Convention on the Law of the Sea in 1982. By 9 December 1984, the closing date for signature, 159 signatures were appended to the Convention, the largest number for any such multilateral instrument in the history of international relations. The Convention, which was adopted as a comprehensive package, introduced a new equity in the relationship among states with respect to the uses of the ocean and the allocation of its resources. It deals, inter alia, with sovereignty and jurisdiction of states, navigation and marine transport, over flight of aircraft, marine pollution, marine scientific research, marine technology, conservation and exploitation of marine living resources, the development and-exploitation of marine non-living resources in national and international areas, and unique provisions dealing with the settlement of disputes concerning the interpretation and application of the new regime. There is no doubt that as we approach the 21st century, more and more attention will be paid to the uses of the oceans and the development of their resources. It is important, therefore, that these developments should take place within a widely accepted legal framework so that there is certainty as to the rights and obligations of all states. The United Nations Convention on the Law of the Sea provides that framework. It establishes a standard for the conduct of states in maritime matters. It is thus a major instrument for preventing conflicts among states. The convention and its annexes contain over 400 articles. For many it may be a formidable undertaking to grasp the substance and structure of it without making a considerable investment in time and energy. Mr Bernaerts' guide, therefore, is a welcome addition to the growing body of literature on the convention. It provides a most useful reference tool which will benefit administrators and policy makers, as well as scholars. It makes the convention accessible to the uninitiated and refreshes, at a glance, the memories of the initiated. With meticulous references and graphic presentations of the provisions of the convention, Mr Bernaerts has given to the international community an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea. April 1988 |
PREFACE (extract) of the 1988 edition
The reader will be
aware that the 1982 United Nations Convention on the Law of
the Sea is the first constitution of the oceans, a
ground-breaking document in many respects. He or she might
also have made the discovery that the full text of the
Convention is immediately accessible only to experts. If the
Convention were only a treaty consisting of straightforward
technical regulatory provisions, it could be left to them
with a clear conscience. But the Convention is to a large
extent a political document and, as such, is expected to
influence significantly the development of relations among
the states in the world community; for this reason, a
wide-spread knowledge of the scope, goals, and regulatory
framework of the Convention can only serve to further the
aims of the document and would surely follow the intentions
of the many men and women who made this Convention their
life-work, such as Arvid Pardo (Malta), Hamilton Shirtey
Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and
Satya N. Nandan (Fiji), to name only a few of the hundreds
who worked on the preparation of this Convention.
As the reader uses
the Guide (Part II), he will find that many provisions of
the Convention are much easier to understand if one knows
the basic framework within which a particular regulation is
placed. The Guide aims to provide this framework, with
reference to the text of the Convention and, in addition,
t& the supporting Commentary of Part III, which
describes the overall context of the major terms arid
concepts. The Introduction of Part I sketches the historical
background of the Convention and some of the general effects.
A detailed index at the end of the book will be of
assistance in finding specific subjects.
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