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The New Law of the Sea and the Security Interests of the CARICOM States

Published online by Cambridge University Press:  02 January 2018

Anselm A. Francis
Anselm A. Francis*
Affiliation:
Institute of International Relations, University of the West Indies (Trinidad)
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Extract

The term “New Law of the Sea” may be misleading if it conveys the impression that classical Law of the Sea principles have been entirely supplanted by new norms. The distinction is not so sharp. It is true to say that there have been important developments in the Law of the Sea since World War II, but many of the old principles have remained intact. However, it is worth noting that in some cases they have been refined and modified, and in other cases they are stated with greater specificity.

Type
Research Article
Information
Journal of Interamerican Studies and World Affairs , Volume 31 , Issue 3: Special Issue: The International Dynamics of the Commonwealth Caribbean , Fall 1989 , pp. 97 - 116
Copyright
Copyright © University of Miami 1989

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References

1. In addition to these freedoms Article 87 of the 1982 United Nations Convention on the Law of the Sea has specified the freedom to construct artificial islands and other installations and the freedom of scientific research.

2. Close to 90 States have gained independence since World War II.

3. As early as 1930, the Conference on the Codification on International Law sought, under the auspices of the League of Nations, to address the issue of the outer limit of the territorial sea, but the effort proved abortive.

4. The total has now reached twelve.

5. Since 1965 there have been only two instances of such intervention in the region: in the Dominican Republic and in Grenada. The latter marked the first time that the US intervened militarily in the English-speaking Caribbean, though there have been charges of destabilization in Guyana, and in Jamaica under Michael Manley.

6. Article 2(4) of the UN Charter provides: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in other manner inconsistent with the Purposes of the United Nations.”

7. Article 38(2) of the 1982 Convention states that transit passage is for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.

8. It should be noted that such cooperation is greater between the United States and the states which participated in the Grenada intervention, i.e., the islands of the Eastern Caribbean, Barbados and Jamaica.

9. For further details see Article 47 of the 1982 Convention.

10. It must be emphasized that the zone is not part of the territory of the coastal state; its rights are to the resources within the zone.

11. Saint Lucia has concluded a delimitation agreement with France with respect to Martinique.

12. See Article 287 of the 1982 United Nations Convention on the Law of the Sea.

13. For a full list of the exceptions see Article 297 of the 1982 Convention.