Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

capabilities of maritime powers from outside their region. In the future as in the past, the United States and Russia have a common interest in maintaining freedom of navigation for the benefit of the community as a whole.


Notes
1
The history of the Unite States is intimately connected with the principle. The arrival of the French fleet was crucial to the climactic victory of the American Revolution at Yorktown. The declaration of armed neutrality issued by Russia in 1780 was significant both for the American war of independence and for the development of the law of the sea. The new American republic's first naval engagements after the revolution were to protect the navigation freedoms of its ships from pirates based in North Africa. Its entry in 1812 into war with Great Britain and in 1917 into war with Germany was influenced in part by interference with shipping. A visit of the Russian fleet to San Francisco helped persuade Great Britain to refrain from supporting the rebels during the American Civil War. An attack on its Pacific fleet marked U.S. entry into the Second World War in 1941.
2
Early rumblings can be traced to an Imperial Russian ukase establishing a 12-mile customs zone in 1909. The Soviet Government established the 12-mile limit for the territorial sea in 1918 (Sobr. Uzak. R.S.F.S.R., 1918, N. 44, st. 539), 1921 (Sobr. Uzak. R.S.F.S.R., 1921, N. 49, st. 259), 1927 (Sobr. Zak. SSSR, 1927, N. 62, otdel 1, st. 625), 1960 ( Vedomosti Verkhovnogo Soveta SSSR, 1960, N. 34, st. 324), 1982 ( Vedomosti Verkhovnogo Soveta SSSR, 1982, N. 48). In 1993 the 12-mile limit was confirmed for Russia by the Law for the State Boundary of the Russian Federation ( Vedomosti Syezda narodnykh deputatov Rossiiskoi Federatsii i Verkhovnogo Soveta, April 29, 1993, N. 17, st. 594).

The barricades crumbled rapidly after the United States claimed the continental shelf off its coast in 1945. Presidential Proclamation 2667, Sept. 28, 1945, 10 Fed. Reg. 12303 ( 1945). By 1952 Chile, Ecuador and Peru had joined to assert control over a 200-mile maritime zone off their coasts. Declaration on the Maritime Zone ( Santiago Declaration of 1952), Conference on the Exploitation and Conservation of the Maritime Resources of the South Pacific, Agreements and Other Documents 1952-1966 (English Version) ( 1967).

3
This Soviet initiative, removed to some degree from public view by the fact that it was undertaken by means of direct diplomatic contact among governments rather than public debate, is the origin in fact of the ultimate decision by the United Nations General Assembly to try again to stabilize the law of the sea. It was not connected to, and only years later was merged with, public discussions of the seabed beyond the limits of national jurisdiction that began simultaneously in the U.N. General Assembly at the request of Malta. See B. H. OXMAN, FROM COOPERATION TO CONFLICT: THE SOVIET UNION AND THE UNITED STATES AT THE THIRD U.N. CONFERENCE ON THE LAW OF THE SEA, p. 4 ( University of Washington 1984).
4
This coordination was effected directly and through a so-called Group of Five that included France, Japan and the United Kingdom. The relationship in

-183-

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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