Edited by Andrew Serdy, Professor of the Public International Law of the Sea, University of Southampton, UK and Suzanne Lalonde, Professor of Public International Law and the Law of the Sea, Faculty of Law, University of Montreal, Canada

‘The Research Handbook on the Law of the Sea addresses a broad range of contemporary challenges in the law of the sea. It serves as a valuable resource for academics, practitioners and anyone interested in examining both lingering and emerging issues under UNCLOS.’

• ContentsIntroduction to the Research Handbook on the Law of the Sea 1Suzanne LalondePART I ASSESSING SPATIAL AND SUBSTANTIVE LIMITS OF MARITIME ZONES1 Port State jurisdiction: a powerful tool in danger of overuse? 8Makoto Seta2 The influence of international decisions on the law of baselines 28Snjólaug Árnadóttir and Bjarni Már Magnússon3 The enduring debate surrounding what is an ‘international strait’ 51Suzanne Lalonde4 The contiguous zone in the light of Alleged Violations of Sovereign Rightsand Maritime Spaces in the Caribbean Sea (Nicaragua v Colombia) 73Bjarni Már Magnússon and Medy Dervovic5 Coastal State jurisdiction and high seas freedoms in the EEZ: is the balancechanging? 95Camille GoodmanPART II NEW CHALLENGES IN NAVIGATING THE HIGH SEAS REGIME6 Jurisdiction over incidents of navigation on the high seas in The “EnricaLexie” Incident (Italy v India): a second wind for the Lotus case? 115Patrick Vrancken7 Compensation for loss or damage through the right of visit on the high seas 132Agustín Blanco-Bazán8 To outsource or not to outsource? Rethinking the piracy prosecution model 151Klaas Willaert9 General rules and contemporary developments concerning unmanned ships 166Vincent Cogliati-BantzPART III IMPLEMENTING THE LEGAL REGIME FOR THE SEABED10 The beginning of the end for the obligation of restraint? 190Xuexia Liao11 The law and legitimacy of the Commission on the Limits of theContinental Shelf 211Øystein Jensen12 Eligibility criteria for deep sea mining activities in the Area: effective andenforceable? 235Klaas WillaertPART IV EMERGING ISSUES IN THE LAW OF THE SEA13 Accommodating the traditional fishing rights of Indigenous Peopleswithin the legal-spatial architecture of ocean space and assertions of Statesovereignty 254Endalew Lijalem Enyew and Nigel Bankes14 Resource exploitation in a changing climate: protecting the Arctic Oceanbeyond national jurisdiction 280Hayley Roberts15 Fisheries subsidies in the World Trade Organization: the unfinishedbusiness 305Andrew SerdyPART V LITIGATING THE LAW OF THE SEA16 The procedure for the prompt release of vessels and crews: Pragmatic?Predictable? Passé? 330Camille Goodman and Valentin Schatz17 Territorial disputes and litigation under UNCLOS 356Massimo Lando18 The State immunity case law under the United Nations Convention on theLaw of the Sea: the dangers of decoupling 376Andrew Serdy19 Applicable law and incidental jurisdiction before Part XV fora 395Makoto Seta

Edited by Andrew Serdy, Professor of the Public International Law of the Sea, University of Southampton, UK and Suzanne Lalonde, Professor of Public International Law and the Law of the Sea, Faculty of Law, University of Montreal, Canada

‘The Research Handbook on the Law of the Sea addresses a broad range of contemporary challenges in the law of the sea. It serves as a valuable resource for academics, practitioners and anyone interested in examining both lingering and emerging issues under UNCLOS.’

• ContentsIntroduction to the Research Handbook on the Law of the Sea 1Suzanne LalondePART I ASSESSING SPATIAL AND SUBSTANTIVE LIMITS OF MARITIME ZONES1 Port State jurisdiction: a powerful tool in danger of overuse? 8Makoto Seta2 The influence of international decisions on the law of baselines 28Snjólaug Árnadóttir and Bjarni Már Magnússon3 The enduring debate surrounding what is an ‘international strait’ 51Suzanne Lalonde4 The contiguous zone in the light of Alleged Violations of Sovereign Rightsand Maritime Spaces in the Caribbean Sea (Nicaragua v Colombia) 73Bjarni Már Magnússon and Medy Dervovic5 Coastal State jurisdiction and high seas freedoms in the EEZ: is the balancechanging? 95Camille GoodmanPART II NEW CHALLENGES IN NAVIGATING THE HIGH SEAS REGIME6 Jurisdiction over incidents of navigation on the high seas in The “EnricaLexie” Incident (Italy v India): a second wind for the Lotus case? 115Patrick Vrancken7 Compensation for loss or damage through the right of visit on the high seas 132Agustín Blanco-Bazán8 To outsource or not to outsource? Rethinking the piracy prosecution model 151Klaas Willaert9 General rules and contemporary developments concerning unmanned ships 166Vincent Cogliati-BantzPART III IMPLEMENTING THE LEGAL REGIME FOR THE SEABED10 The beginning of the end for the obligation of restraint? 190Xuexia Liao11 The law and legitimacy of the Commission on the Limits of theContinental Shelf 211Øystein Jensen12 Eligibility criteria for deep sea mining activities in the Area: effective andenforceable? 235Klaas WillaertPART IV EMERGING ISSUES IN THE LAW OF THE SEA13 Accommodating the traditional fishing rights of Indigenous Peopleswithin the legal-spatial architecture of ocean space and assertions of Statesovereignty 254Endalew Lijalem Enyew and Nigel Bankes14 Resource exploitation in a changing climate: protecting the Arctic Oceanbeyond national jurisdiction 280Hayley Roberts15 Fisheries subsidies in the World Trade Organization: the unfinishedbusiness 305Andrew SerdyPART V LITIGATING THE LAW OF THE SEA16 The procedure for the prompt release of vessels and crews: Pragmatic?Predictable? Passé? 330Camille Goodman and Valentin Schatz17 Territorial disputes and litigation under UNCLOS 356Massimo Lando18 The State immunity case law under the United Nations Convention on theLaw of the Sea: the dangers of decoupling 376Andrew Serdy19 Applicable law and incidental jurisdiction before Part XV fora 395Makoto Seta

Edited by Andrew Serdy, Professor of the Public International Law of the Sea, University of Southampton, UK and Suzanne Lalonde, Professor of Public International Law and the Law of the Sea, Faculty of Law, University of Montreal, Canada

‘The Research Handbook on the Law of the Sea addresses a broad range of contemporary challenges in the law of the sea. It serves as a valuable resource for academics, practitioners and anyone interested in examining both lingering and emerging issues under UNCLOS.’

• ContentsIntroduction to the Research Handbook on the Law of the Sea 1Suzanne LalondePART I ASSESSING SPATIAL AND SUBSTANTIVE LIMITS OF MARITIME ZONES1 Port State jurisdiction: a powerful tool in danger of overuse? 8Makoto Seta2 The influence of international decisions on the law of baselines 28Snjólaug Árnadóttir and Bjarni Már Magnússon3 The enduring debate surrounding what is an ‘international strait’ 51Suzanne Lalonde4 The contiguous zone in the light of Alleged Violations of Sovereign Rightsand Maritime Spaces in the Caribbean Sea (Nicaragua v Colombia) 73Bjarni Már Magnússon and Medy Dervovic5 Coastal State jurisdiction and high seas freedoms in the EEZ: is the balancechanging? 95Camille GoodmanPART II NEW CHALLENGES IN NAVIGATING THE HIGH SEAS REGIME6 Jurisdiction over incidents of navigation on the high seas in The “EnricaLexie” Incident (Italy v India): a second wind for the Lotus case? 115Patrick Vrancken7 Compensation for loss or damage through the right of visit on the high seas 132Agustín Blanco-Bazán8 To outsource or not to outsource? Rethinking the piracy prosecution model 151Klaas Willaert9 General rules and contemporary developments concerning unmanned ships 166Vincent Cogliati-BantzPART III IMPLEMENTING THE LEGAL REGIME FOR THE SEABED10 The beginning of the end for the obligation of restraint? 190Xuexia Liao11 The law and legitimacy of the Commission on the Limits of theContinental Shelf 211Øystein Jensen12 Eligibility criteria for deep sea mining activities in the Area: effective andenforceable? 235Klaas WillaertPART IV EMERGING ISSUES IN THE LAW OF THE SEA13 Accommodating the traditional fishing rights of Indigenous Peopleswithin the legal-spatial architecture of ocean space and assertions of Statesovereignty 254Endalew Lijalem Enyew and Nigel Bankes14 Resource exploitation in a changing climate: protecting the Arctic Oceanbeyond national jurisdiction 280Hayley Roberts15 Fisheries subsidies in the World Trade Organization: the unfinishedbusiness 305Andrew SerdyPART V LITIGATING THE LAW OF THE SEA16 The procedure for the prompt release of vessels and crews: Pragmatic?Predictable? Passé? 330Camille Goodman and Valentin Schatz17 Territorial disputes and litigation under UNCLOS 356Massimo Lando18 The State immunity case law under the United Nations Convention on theLaw of the Sea: the dangers of decoupling 376Andrew Serdy19 Applicable law and incidental jurisdiction before Part XV fora 395Makoto Seta