Although islands have long been geologically, ecologically, economically and strategically linked to oceans, they are now juridically linked to them, also. The UN Convention on the Law of the Sea grants states the right to claim exclusive economic zones projecting up to 200 nautical miles from their coasts, and continental shelves projecting up to 350 nautical miles. Bird islands have been transformed into anchors of pelagic sovereignty, leading to fierce diplomatic disputes over the legal definition of island-ness.

Nature conservation has also served as one means of forging new legal connections between islands and oceans, for in the past few years pelagic states have established a series of vast oceanic reserves anchored by bird islands. The US has expanded Roosevelt’s Hawaiian Islands Reservation into the Papahānaumokuākea Marine National Monument, and Britain has established the Chagos Islands Marine Protected Area in an attempt to protect the US military base on Diego Garcia. It is hard to find a more chilling example of nature conservation as a tactic for conserving sovereignty over territory.

Apart from depleting global marine resources, illegal fishing affects the economies and societies of many developing coastal states. They are often not in a position to police the maritime zones that are under their jurisdiction, such as their exclusive economic zone, and to enforce their fisheries regulations adequately. The persons who organise these illegal fishing operations, such as the operators and owners of vessels, often use flags of convenience and take advantage of the weak legal systems of flag States and coastal States. In this chapter it is argued that, in addition to coastal, port and flag States, the States of which such owners and operators are nationals also have a role to fulfil in the fight against illegal fishing.

This chapter will examine rules governing the contiguous zone, the EEZ and the continental shelf. In the contiguous zone, the coastal State may exercise the control necessary to prevent and punish infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. While the LOSC contains only succinct provisions respecting the contiguous zone, the legal nature of the coastal State jurisdiction over the zone deserves serious consideration. The raison dtre of the institution of the EEZ and the continental shelf involves the conservation and management of natural resources. Owing to the increasing importance of marine natural resources, these zones are particularly important for coastal States. This chapter will discuss the following issues in particular: (1) the coastal State jurisdiction over the contiguous zone, (2) the coastal State jurisdiction over the EEZ and the continental shelf, (3) the freedoms that all States can enjoy in the EEZ, (4) the criteria for determining the outer limits of the continental shelf, and (5) the due regard obligations in the EEZ and the continental shelf.

This chapter examines the use of the ad hoc approach to energy governance in the context of the exploitation of certain resources, hydroelectricity and offshore wind power, and then in that relating to fixed transmission infrastructures, pipelines and electricity transmission lines. The increasing variety of applications of the ad hoc approach, particularly to modern renewable energies and electrification, can be seen as a manifestation of the ongoing energy transition. From the analytical perspective used in this book, such applications illustrate the ad hoc legal organisation of new transactions, enabled by the energy transition.

Advances in long-range precision strike missiles, such as cruise missiles, ballistic missiles and hypersonic weapons, threaten the survivability of surface warships. In response, states are deploying submarines in the water column and expanding military activities on the seabed. Concepts such as “upward falling payloads” and networked “hydra” seabed installations envision prepositioned sensors and weapons emplaced on the continental shelf along an adversary’s coast. This chapter explores the legality of military operations on the continental shelf of a coastal state. The coastal state has sovereign rights and jurisdiction over the living and nonliving resources of the seabed and subsoil in accordance with the UN Convention on the Law of the Sea. Foreign military activities are generally permissible on the continental shelf of a coastal state so long as they observe due regard for the resource rights of the coastal state. Coastal states enjoy the exclusive right to construct artificial islands on their continental shelf but they lack competence to regulate military seabed installations and structures on the continental shelf.

After a sketch of the history of the law of the sea and the traditional freedoms of the sea, this chapter discusses the various efforts to codify the law of the sea during the twentieth century, which culminated in the adoption of UNCLOS in 1982. Subsequently, the chapter examines the legal regimes governing the various maritime zones, as well as two international areas: the high seas and the Area. The chapter then takes up thematic issues in the law of the sea, namely the delimitation of maritime boundaries, the protection of the marine environment, the special interests of developing countries, and the system for the settlement of law of the sea disputes. The chapter concludes by noting that, despite the relatively comprehensive scope of UNCLOS, a number of new challenges have arisen with respect to the law of the sea, especially as a result of human-driven climate change.

After a sketch of the history of the law of the sea and the traditional freedoms of the sea, this chapter discusses the various efforts to codify the law of the sea during the twentieth century, which culminated in the adoption of UNCLOS in 1982. Subsequently, the chapter examines the legal regimes governing the various maritime zones, as well as two international areas: the high seas and the Area. The chapter then takes up thematic issues in the law of the sea, namely the delimitation of maritime boundaries, the protection of the marine environment, the special interests of developing countries, and the system for the settlement of law of the sea disputes. The chapter concludes by noting that, despite the relatively comprehensive scope of UNCLOS, a number of new challenges have arisen with respect to the law of the sea, especially as a result of human-driven climate change.