Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982: A COMMENTARY: VOL. IV
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 1982: A COMMENTARY: Vol. IV edited by Myron H. Nordqvist, Shabtai Rosenne and Alexander Yankov. Martinus Nijhoff, London (1991, xliii and 747 pp., plus 11 pp. Appendices and 9 pp. Index). Hardback £135.
The Commentary upon the Law of the Sea Convention, of which this volume forms a part, is a truly monumental work. Planned to span six volumes, this is the third to appear and covers the work of the Third Committee of UNCLOS III. It therefore examines Parts XII–XIV of the Convention and Annex VI of the Final Act, dealing with the Protection and Preservation of the Marine Environment (Part XII), Marine Scientific Research (Part XIII) and the Development and Transfer of Marine Technology (Part XIV)—all “new” topics for a comprehensive treaty on the law of the sea.
The significance of this volume is underlined by its having been completed under the joint editorship of Alexander Yankov and Shabati Rosenne, both of whom have a lifetime of experience in law of the sea matters. Moreover, Yankov was Chairman of the Third Committee, and so was uniquely placed to undertake such a work as this. The editors provide an informative introduction to the work of the Third Committee, reviewing its mandate and progress. They also give a guide to the maze of documentation spawned by the Conference. Without committing themselves upon the question of whether the unofficial documentation is to be construed as travaux préparatoires they draw extensively upon all known material in the commentaries that follow.
Each Article of the Convention is examined in turn. This examination is conducted in a chronological fashion. Its origins are noted and its passage through the mechanisms of the Conference negotiations traced and explained and the relevant documentation, official and unofficial, listed. Although this is, for the most part, a fascinating exercise, it is likely to prove something of an irritant to the user who wishes to find in this Commentary an interpretation of, and a comment upon the significance of, a particular Article or set of Articles. This is not, however, a criticism of the Commentary: it is as much a commentary upon the Conference as upon the Convention, the text of which cannot be fully appreciated without such background. It is not, however, a simple tool of reference for the practitioner, though it is an essential tool for the researcher.
This is borne out in other ways. Each Part is prefaced by an introductory essay providing an historical overview of the development of the subject-matter. These are elegant and balanced. They also, however, contain some consideration of the use and interpretation of certain words and phrases, essential to a full understanding of the individual article commen-
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