《THE PUBLIC ORDER OF THE OCEANS A CONTEMPORARY INTERNATIONAL LAW OF THE SEA》

1.COMMUNITY CONTEXT AND FUNDAMENTAL POLICIES1

The Process of Interaction14

The Process of Claim28

The Process of Authoritative Decision36

The Common Interest in an Economic Balance of Exclusive and Inclusive Uses51

Factors Influencing Authoritative Decision-Makers56

The Claim to Authority Asserted58

The Counterclaim to Authority62

Significant Features of the Community Context63

The Community Interest under Probable Future Conditions63

Authority over Internal Waters64

Authority over the Territorial Sea65

Boundary between Internal Waters and Territorial Sea67

Breadth of the Territorial Sea69

Authority over the High Seas Areas Contiguous to the Territorial Sea75

Shared Competence and Use on the High Seas81

Maintenance of the Public Order of the Oceans and the Nationality of Ships86

Reciprocal Interests Demand Mutual Restraint87

2.CLAIMS TO AUTHORITY OVER INTERNAL WATERS89

Factual Background89

Claims and Counterclaims:The Pattern of Controversy92

Basic Community Policies98

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation99

Claims to Control Access to Internal Waters99

Access to Ports99

Access to Internal Waters for Passage117

Claims to Apply Policy to Vessels in Internal Waters126

Private Vessels127

Warships130

Government Vessels other than Warships137

Claims to Prescribe for Activities Directly Relating to the Use of Internal Waters155

Claims to Prescribe and to Apply Policy to Events on Board Ships while within Internal Waters161

Claims to Resources173

3.CLAIMS TO AUTHORITY OVER THE TERRITORIAL SEA174

Factual Background174

Claims and Counterclaims:The Pattern of Controversy179

Basic Community Policies184

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation187

Claims to Control Access to the Territorial Sea187

Claims to Comprehensive,Continuing Authority to Deny All Passage through the Territorial Sea187

Claims to Occasional Exclusive Competence to Deny Passage for Cause226

Claims to Apply Policy in the Territorial Sea269

Private Vessels269

Warships283

Other Government Vessels284

Claims to Prescribe for Activities Directly Relating to the Use of the Territorial Sea289

Claims to Prescribe and to Apply Policy to Persons Aboard Vessels in the Territorial Sea291

Claims to Exclusive Access to Resources302

4.CLAIMS TO DELIMIT THE BOUNDARY BETWEEN INTERNAL WATERS AND TERRITORIAL SEA305

Factual Background305

Claims and Counterclaims:The Pattern of Controversy309

Basic Community Policies316

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation319

Claims with Respect to Coasts Having No Special onfiguration319

Claims with Respect to Coasts with Special Configuration327

Claims Relating to Indentations327

Claims Relating to Offshore Islands373

Claims Relating to Definition of an Island and to Delimitation from Offshore Structures387

Claims Related to Rugged and Complex Coastal Configurations398

Claims Relating to Nonadjacent Archipelagoes411

Claims Relating to Ports and Roadsteads419

Claims Relating to Delimitation between Proximate States427

The Claims427

The Boundary between Adjacent and Opposing States428

Indentations in the Territory of Two or More States437

5.CLAIMS TO DETERMINE THE WIDTH OF THE TERRITORIAL SEA446

Factual Background453

Fisheries and the Territorial Sea453

The Territorial Sea and Security482

Ocean Transportation and the Territorial Sea485

Claims and Counterclaims:The Pattern of Controversy486

Basic Community Policies488

The Claim to Discretionary Authority to Fix the Width of the Territorial Sea489

Clarification of Policy489

Trends in Decision490

Appraisal and Recommendation498

The Claim to a Particular Width for the Territorial Sea499

Clarification of Policy499

Trends in Decision520

Appraisal and Recommendation548

The Common Interest in Preserving Inclusive Use and Competence561

6.CLAIMS TO AUTHORITY IN OCEAN AREAS ADJACENT TO THE TERRITORIAL SEA565

Factual Background565

Claims and Counterclaims:The Pattern of Controversy575

Basic Community Policies578

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation581

Claims in Relation to Control of Access582

Claims to Prescribe Authority608

Claims to Apply Authority621

Claims Relating to Exclusive Appropriation of Resources in Adjacent Submarine Areas630

Claims to Exclusive Control of Mineral Resources631

Claims to Exclusive Control of the Living Resources of Submarine Areas642

Claims to Delimit the Area of Coastal Control663

Claims to Prescribe and Apply Authority (Principally Relating to the Accommodation of Exclusive and Inclusive Use)691

Claims to Delimit Boundaries between Adjacent and Opposing States724

7.CLAIMS TO SHARED USE AND COMPETENCE UPON THE HIGH SEAS730

Factual Background730

Claims and Counterclaims:The Pattern of Controversy743

Basic Community Policies747

Particular Controversies:Clarification of Policy,Trends in Decision,Appraisal and Recommendation751

Claims Relating to Access to and Use of the Oceans751

Claims to Access for All Purposes751

Claims to Access for Navigation763

Claims with Respect to Access to Submarine Areas for Communication and Transportation778

Claims with Respect to Access to Space above the High Seas782

Claims to Access for Emerging Uses790

Claims to Regulate,and the Particular Regulation of,Shared Enjoyment of the Oceans794

Claims to Competence to Prescribe for the Conduct of Vessels796

Claims to Establish Particular Regulation for Accommodation of Shared Use805

Claims Relating to Minimum Order805

Claims Relating to Permissible Coercion by States805

Claims to Suppress Piracy806

Claims Relating to Optimum Order823

Claims with Respect to Safe and Ordered Navigation823

Claims to Accommodate Surface and Submarine Uses of the Ocean842

Claims Relating to Control of Pollution848

Oil Pollution849

Nuclear Pollution852

Claims to Apply Policy on the High Seas868

The Claim to Authority to Apply Policy869

Claims to Apply Authority to Foreign Vessels for Acts of Piracy875

Claims to Prevent Use of Ships in the Slave Trade879

Claims with Respect to Procedures for Enforcement beyond the Territorial Sea of Inclusive and Exclusive Prescriptions885

Visit and Search885

Hot Pursuit893

Clarification of Policy894

Trends in Decision898

Appraisal and Recommendation919

Claims to the Appropriation and Conservation of Marine Animal Resources923

Clarification of Policy927

Trends in Decision941

Objectives of Conservation941

Allocation of Use948

Prescription and Application for Exploitation of Marine Animal Resources964

The Settlement of Disputes996

Appraisal and Recommendation998

8.THE MAINTENANCE OF THE PUBLIC ORDER OF THE OCEANS AND THE NATIONALITY OF SHIPS1008

Attributions of National Character Traditionally Conclusive1011

The Proposed Subversion in Genuine Link1013

Irrelevant Demands by Labor and Business1016

Demanded Remedies Dangerous and Uneconomic1022

The Derivation from Nottebohm1026

The Nottebohm Decision Slightly Overextrapolated1028

Manifold Dangers to Shared Use and Competence1033

The Requirements of Rational Inquiry and Recommendation1035

Significant Features of the Process of Interaction1036

The Process of Claim1039

The Process of Decision1047

The Clarification of General Policies:The Common Interest in the Conclusiveness of Attributions of National Character1051

Trends in Past Decisions and Conditioning Factors1057

Claims Relating to Control over Ships1057

Claims to Access and Freedom of Navigation1071

Claims with Respect to Events Directly Affecting Common Enjoyment of the High Seas1080

Claims Relating to Events Occurring on Board Ship on the High Seas1091

Claims to Protect Coastal Interests1095

Claims Relating to Seizure of Ships for Purposes of Civil Jurisdiction1106

Claims with Respect to Events Primarily Affecting Value Processes within Territorial Communities and Not Directly Related to the Enjoyment of the High Seas1107

Claims Relating to Modalities of Proof of the National Character of Ships1112

Claims with Respect to Registration1113

Claims with Respect to Documentation1118

Claims with Respect to Flag1120

Claims with Respect to Name of Vessel1122

Claims with Respect to "Genuine Link"1122

Conclusiveness of Attribution Remains Indispensable1137

APPENDIXES1143

A.Convention on the Territorial Sea and the Contiguous Zone1143

B.Convention on the High Seas1153

C.Convention on Fishing and Conservation of the Living Resources of the High Seas1164

D.Convention on the Continental Shelf1173

E.Ratifications and Accessions to the Conventions1178

F.Declarations and Reservations to the Conventions1180

TABLE OF CASES1193

NAME INDEX1195

SUBJECT INDEX1203