The challenges of international law-making

The law of the sea is an important area of international law that regulates the uses of the world's seas and oceans. The law of the sea defines the jurisdiction of states over all kinds of maritime activities, including navigation, the exploitation of living and nonliving resources, the laying of cables and pipelines, and the conduct of marine scientific research. This book is not intended to explain in detail what substantive rights and obligations arise in this area of international law. Rather, it is concerned with explaining and analyzing the process of how the law of the sea is created and how it can be adapted to meet modern challenges facing the international community.

Since very early in the history of the law of the sea, it has been recognized that no single state has an exclusive claim to the vast expanses of the oceans. Rather all states, whether they are coastal or landlocked, have been seen as having an interest in the sea and its resources. Thus, McDougal and Burke describe how “the historic function of the law of the sea has long been recognized as that of protecting and balancing the common interests, inclusive and exclusive, of all peoples in the use and enjoyment of the oceans, while rejecting all egocentric assertions of special interests in contravention of the general community interest.” This remains true today.