Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches

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Resilience of the UN Convention on the Law of the Sea : Reflections on Three Approaches. / Tanaka, Yoshifumi.

In: Portuguese Yearbook of the Law of the Sea, Vol. 1, No. 1, 2024, p. 60-97 .

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Tanaka, Y 2024, 'Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches', Portuguese Yearbook of the Law of the Sea, vol. 1, no. 1, pp. 60-97 . https://doi.org/10.1163/29501636-01010005

APA

Tanaka, Y. (2024). Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches. Portuguese Yearbook of the Law of the Sea, 1(1), 60-97 . https://doi.org/10.1163/29501636-01010005

Vancouver

Tanaka Y. Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches. Portuguese Yearbook of the Law of the Sea. 2024;1(1):60-97 . https://doi.org/10.1163/29501636-01010005

Author

Tanaka, Yoshifumi. / Resilience of the UN Convention on the Law of the Sea : Reflections on Three Approaches. In: Portuguese Yearbook of the Law of the Sea. 2024 ; Vol. 1, No. 1. pp. 60-97 .

Bibtex

@article{3470774429b8493ba123a8139bafefb5,
title = "Resilience of the UN Convention on the Law of the Sea: Reflections on Three Approaches",
abstract = "More than 40 years have passed since the adoption of the UN Convention on the Lawof the Sea (UNCLOS) in 1982. There are many issues that the drafters of UNCLOS maynot have been able to foresee in 1982. The question that arises here is whether and howit is possible to address the new issues unknown under unclos. Here, resilience ofunclos is at issue. In this regard, one can identify three basic approaches to ensuringresilience of unclos: (1) resilience through the interpretation, (2) resilience throughthe law-making, and (3) resilience through the jurisprudence. The first approach seeksto adapt unclos to new circumstances through the interpretation of the Conventionand the second approach aims to amplify the rules of unclos through the law-makingto address new issues. The third approach seeks to develop or elaborate the rules setout in unclos through the jurisprudence. By examining the three approaches, thisarticle considers resilience of unclos in ever changing international relations.",
author = "Yoshifumi Tanaka",
year = "2024",
doi = "10.1163/29501636-01010005",
language = "English",
volume = "1",
pages = "60--97 ",
journal = "Portuguese Yearbook of the Law of the Sea",
issn = "2950-1636",
number = "1",

}

RIS

TY - JOUR

T1 - Resilience of the UN Convention on the Law of the Sea

T2 - Reflections on Three Approaches

AU - Tanaka, Yoshifumi

PY - 2024

Y1 - 2024

N2 - More than 40 years have passed since the adoption of the UN Convention on the Lawof the Sea (UNCLOS) in 1982. There are many issues that the drafters of UNCLOS maynot have been able to foresee in 1982. The question that arises here is whether and howit is possible to address the new issues unknown under unclos. Here, resilience ofunclos is at issue. In this regard, one can identify three basic approaches to ensuringresilience of unclos: (1) resilience through the interpretation, (2) resilience throughthe law-making, and (3) resilience through the jurisprudence. The first approach seeksto adapt unclos to new circumstances through the interpretation of the Conventionand the second approach aims to amplify the rules of unclos through the law-makingto address new issues. The third approach seeks to develop or elaborate the rules setout in unclos through the jurisprudence. By examining the three approaches, thisarticle considers resilience of unclos in ever changing international relations.

AB - More than 40 years have passed since the adoption of the UN Convention on the Lawof the Sea (UNCLOS) in 1982. There are many issues that the drafters of UNCLOS maynot have been able to foresee in 1982. The question that arises here is whether and howit is possible to address the new issues unknown under unclos. Here, resilience ofunclos is at issue. In this regard, one can identify three basic approaches to ensuringresilience of unclos: (1) resilience through the interpretation, (2) resilience throughthe law-making, and (3) resilience through the jurisprudence. The first approach seeksto adapt unclos to new circumstances through the interpretation of the Conventionand the second approach aims to amplify the rules of unclos through the law-makingto address new issues. The third approach seeks to develop or elaborate the rules setout in unclos through the jurisprudence. By examining the three approaches, thisarticle considers resilience of unclos in ever changing international relations.

U2 - 10.1163/29501636-01010005

DO - 10.1163/29501636-01010005

M3 - Journal article

VL - 1

SP - 60

EP - 97

JO - Portuguese Yearbook of the Law of the Sea

JF - Portuguese Yearbook of the Law of the Sea

SN - 2950-1636

IS - 1

ER -

ID: 398973653