Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches
Research output: Contribution to journal › Journal article › Research › peer-review
Standard
Resilience of the UN Convention on the Law of the Sea : Reflections on Three Approaches. / Tanaka, Yoshifumi.
In: Portuguese Yearbook of the Law of the Sea, Vol. 1, No. 1, 2024, p. 60-97 .Research output: Contribution to journal › Journal article › Research › peer-review
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - JOUR
T1 - Resilience of the UN Convention on the Law of the Sea
T2 - Reflections on Three Approaches
AU - Tanaka, Yoshifumi
PY - 2024
Y1 - 2024
N2 - More than 40 years have passed since the adoption of the UN Convention on the Lawof the Sea (UNCLOS) in 1982. There are many issues that the drafters of UNCLOS maynot have been able to foresee in 1982. The question that arises here is whether and howit is possible to address the new issues unknown under unclos. Here, resilience ofunclos is at issue. In this regard, one can identify three basic approaches to ensuringresilience of unclos: (1) resilience through the interpretation, (2) resilience throughthe law-making, and (3) resilience through the jurisprudence. The first approach seeksto adapt unclos to new circumstances through the interpretation of the Conventionand the second approach aims to amplify the rules of unclos through the law-makingto address new issues. The third approach seeks to develop or elaborate the rules setout in unclos through the jurisprudence. By examining the three approaches, thisarticle considers resilience of unclos in ever changing international relations.
AB - More than 40 years have passed since the adoption of the UN Convention on the Lawof the Sea (UNCLOS) in 1982. There are many issues that the drafters of UNCLOS maynot have been able to foresee in 1982. The question that arises here is whether and howit is possible to address the new issues unknown under unclos. Here, resilience ofunclos is at issue. In this regard, one can identify three basic approaches to ensuringresilience of unclos: (1) resilience through the interpretation, (2) resilience throughthe law-making, and (3) resilience through the jurisprudence. The first approach seeksto adapt unclos to new circumstances through the interpretation of the Conventionand the second approach aims to amplify the rules of unclos through the law-makingto address new issues. The third approach seeks to develop or elaborate the rules setout in unclos through the jurisprudence. By examining the three approaches, thisarticle considers resilience of unclos in ever changing international relations.
U2 - 10.1163/29501636-01010005
DO - 10.1163/29501636-01010005
M3 - Journal article
VL - 1
SP - 60
EP - 97
JO - Portuguese Yearbook of the Law of the Sea
JF - Portuguese Yearbook of the Law of the Sea
SN - 2950-1636
IS - 1
ER -
ID: 398973653