The Development of the Law of the Sea by the International Court of Justice

THE DEVELOPMENT OF INTERNATIONAL LAW BY THE INTERNATIONAL COURT OF JUSTICE, pp. 177-193, James Sloan and Christian Tams, eds., Oxford University Press, 2013

Oxford Legal Studies Research Paper No. 74/2012

19 Pages Posted: 26 Nov 2012 Last revised: 18 Jul 2013

See all articles by Vaughan Lowe

Vaughan Lowe

University of Oxford - Faculty of Law

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Date Written: November 25, 2012

Abstract

This paper surveys and evaluates the contribution of the International Court of Justice to the development of the (public international) law of the sea. It does so by comparing the Court's contribution as against other 'competing' agents of development of international law, ie other adjudicators, codifiers, regulators, and lawmakers. It concludes that the impact of the Court on the law of the sea has not been great, and is now diminishing. However, it argues that the more important contribution of the Court lies less in its influence on the development of the law, and more in its authority in consolidating it.

Keywords: International Court of Justice, law of the sea, development of international law, baselines, maritime delimitation, straits, innocent passage, transit passage, fisheries, United Nations Convention on the Law of the Sea

Suggested Citation

Lowe, Vaughan and Tzanakopoulos, Antonios, The Development of the Law of the Sea by the International Court of Justice (November 25, 2012). THE DEVELOPMENT OF INTERNATIONAL LAW BY THE INTERNATIONAL COURT OF JUSTICE, pp. 177-193, James Sloan and Christian Tams, eds., Oxford University Press, 2013; Oxford Legal Studies Research Paper No. 74/2012. Available at SSRN: https://ssrn.com/abstract=2180634

Vaughan Lowe

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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