Thesis (Ph. D.)--Universitas Diponegoro, 1982. / Summary in English. Includes bibliographical references (p. 304-312) and index.

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LL.D. / The sea plays a pivotal role in the political, economical and social function of individual states and the international community as a whole. The need for the proper management of the sea and its natural resources has become more important than ever before to ensure the continued existence of mankind. The law of the sea, traditionally, rests mainly on two pillars, namely the principle that the sea is res communes and the principle of the freedom of the sea. Because the sea covers seventy percent of the surface of the earth it is, in particular, an area where conflict between states occur. The peaceful settlement of international disputes is therefore of vital importance to maintain and strengthen peace amongst nations. The 1982 United Nations Convention on the Law of the Sea, which only came into force on 16 November 1994, is an evolutionary international instrument that can aptly be described as a constitution for all uses of the sea. The convention created a sustained normative framework with new rights and obligations through the establishment of the common heritage of mankind, the exclusive economic zone and archipelago states. Provision is also made for the inclusion of new international organisations such as the International Seabed Authority, the Commission on the Limits of the Continental Shelf and the International Tribunal for the Law of the Sea.Because the 1982 Convention demarcates the borders of the various maritime zones, which falls within the sovereignty and jurisdiction of states, it contributes in the effort to balance the competing rights of the freedom of the sea, on the one hand, and the sovereign rights and jurisdiction of 601 coastal states, on the other hand, that included claims to territorial waters, the continental shelf, and the establishment of the common heritage of mankind and the exclusive economic zone. The convention also contains comprehensive rules for the settlement of disputes emanating from the various uses of the sea. The most significant feature of the dispute settlement procedures of the convention is the compulsory dispute settlement mechanisms. Every party that ratified the convention is subject to dispute settlement in terms of part XV without the need for the parties to subject themselves to dispute settlement whenever a dispute arises. The traditional means of dispute settlement as envisaged by article 33(1) of the Charter of the United Nations is confirmed in section 1, and is integrated into the compulsory dispute settlement procedures of section 2 of part XV. The parties, however, may not resort to compulsory dispute settlement unless and until they have exhausted the traditional means of dispute resolution. Compulsory dispute resolution is therefore subservient to the traditional means of dispute settlement.

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It is no exaggeration to say that the Third United Nations Conference on the Law of the Sea was one of the most important law-making events of the twentieth century. It heralded the beginning of a revolution in international law by introducing a new law-making technique based on consensus decision-making and universal participation. It also produced a comprehensive treaty on the law of the sea. The resulting Law of the Sea Convention is commonly claimed to provide a universal legal framework for all ocean activities. Upon this background, it is pertinent to ask, what is the future for the LOS Convention and the law of the sea in the twenty-first century? How does the Convention evolve to take into account changing values, policies and preferences of the international community? How have developments in law-making techniques influenced the way in which the law of the sea is created and changed? This thesis initially establishes the legal basis for the LOS Convention as a universal framework for the law of sea. It shows how the negotiation of the Convention substantially influenced customary international law so that it is possible to speak of a universal law of the sea. Yet, the status of the Convention as universal law poses problems for its future development because it cannot be considered solely from the perspective of the law of treaties. The thesis will therefore consider the mechanisms for change contained within the Convention alongside other law-making processes out-with the formal treaty framework. Central to this analysis is the role of institutions in modern international law-making. The thesis looks at the part played by political and technical institutions in developing the law of the sea through interpretation, modification, and amendment, as well as at the ways in which these institutions have utilised and developed the consensus decision-making techniques first seen at UNCLOS III. It will also analyse the role of courts and tribunals in maintaining and developing the legal order of the oceans. This analysis shows that the Convention provides the legal framework for the modern law of the sea for all states. In this context, institutional processes have largely replaced unilateral state practice in law-making. Moreover, states have shown a preference for flexibility and pragmatism over formal amendment procedures. The greatest achievement of the LOS Convention is the creation of a stable legal order for the oceans. To ensure this stability is maintained, continued discussion, deliberation and compromise through international institutions is vital.

Ce travail de recherche se veut une réflexion sur les risques terroristes majeurs du XXIe siècle. Parmi ces risques, le terrorisme nucléaire maritime occupe une place de choix. Traditionnellement, le droit international a essayé de régler le problème des détroits internationaux que leur configuration géographique peut transformer aisément en lieux extrêmement dangereux, propices à la réalisation de l'aléa terroriste. Les évolutions climatiques récentes du passage mythique du Nord Ouest ont constitué pour nous un exemple parfait des risques potentiels.Conscient du fait que le terrorisme, s'il peut être géré, ne sera jamais éradiqué, ce travail propose quelques pistes pour lutter contre cette manifestation idéologique. / This research is a reflection on the risks of major terrorist century. Among those risks, nuclear terrorism Maritime occupies a prominent place. Traditionally, international law has attempted to solve the problem of international straits as their geographical configuration can easily turn into very dangerous places, conducive to the realization of the random terrorist. Recent climatic trends of mythical Northwest Passage has provided us a perfect example of the potential risks. Aware that terrorism, if it can be managed, will never be eradicated, this paper proposes some ways to fight against this ideological manifestation.

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