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.
Tuesday, November 27, 2012
Lowe & Tzanakopoulos: The Development of the Law of the Sea by the International Court of Justice
Vaughan Lowe (Univ. of Oxford - Law) & Antonios Tzanakopoulos (Univ. of Oxford - Law) have posted The Development of the Law of the Sea by the International Court of Justice (in The Development of International Law by International Court of Justice, James Sloan & Christian Tams eds., forthcoming). Here's the abstract: