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Southern ocean boundaries and maritime claims: Another antarctic challenge for the law of the sea?

Journal Article


Abstract


  • Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has since developed through state practice and most importantly through the 1982 United Nations Convention on the Law of the Sea. Wathever the merits of examining the interaction between Antractica and the law of the sea have been in the past, there is much to suggest that the general significance of such issues is growing, especially as states seek to determine the outer limits of their continental shelf claims and in doing so determine Antarctic baselines. This article examines these issues from a general law of the sea perspective, taking into account the impact of the Antarctic Treaty while reviewing Australian practice in particular.

Publication Date


  • 2002

Citation


  • Kaye, S. B., & Rothwell, D. R. (2002). Southern ocean boundaries and maritime claims: Another antarctic challenge for the law of the sea?. Ocean Development and International Law, 33(3-4), 359-389. doi:10.1080/00908320290054828

Scopus Eid


  • 2-s2.0-0036631053

Start Page


  • 359

End Page


  • 389

Volume


  • 33

Issue


  • 3-4

Abstract


  • Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has since developed through state practice and most importantly through the 1982 United Nations Convention on the Law of the Sea. Wathever the merits of examining the interaction between Antractica and the law of the sea have been in the past, there is much to suggest that the general significance of such issues is growing, especially as states seek to determine the outer limits of their continental shelf claims and in doing so determine Antarctic baselines. This article examines these issues from a general law of the sea perspective, taking into account the impact of the Antarctic Treaty while reviewing Australian practice in particular.

Publication Date


  • 2002

Citation


  • Kaye, S. B., & Rothwell, D. R. (2002). Southern ocean boundaries and maritime claims: Another antarctic challenge for the law of the sea?. Ocean Development and International Law, 33(3-4), 359-389. doi:10.1080/00908320290054828

Scopus Eid


  • 2-s2.0-0036631053

Start Page


  • 359

End Page


  • 389

Volume


  • 33

Issue


  • 3-4