| ID | 145652 |
| Title Proper | Then and now |
| Other Title Information | reappraising freedom of the seas in modern law of the sea |
| Language | ENG |
| Author | Young, Michaela |
| Summary / Abstract (Note) | The principle of freedom of the seas remains the governing paradigm of the high seas in modern law of the sea. Although the principle, as embraced by the UN Convention on the Law of the Sea (LOSC), is no longer an absolute norm, it continues to present fundamental challenges for achieving effective conservation on the high seas as it stands in direct contrast to the conservation duty imposed on states by LOSC. The recent UN General Assembly resolution calling for the adoption of a further Implementing Agreement under LOSC to address conservation on the high seas, highlights the need to build a new ethos for management of the high seas, which will require states to loosen their firm grip on the Grotian doctrine. This article seeks to contribute toward shifting attitudes in relation to the principle of freedom through an examination of the nature and scope of the principle in its historic context and in contemporary law of the sea. |
| `In' analytical Note | Ocean Development and International Law Vol. 47, No.2; Apr-Jun 2016: p.165-185 |
| Journal Source | Ocean Development and International Law Vol: 47 No 2 |
| Key Words | Conservation ; Freedom of the Seas ; UN Convention on the Law of the Sea |