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Durability, Flexibility and Plasticity in the UN Convention on the Law of the Sea.

Authors :
Murphy, Sean D.
Source :
International Journal of Marine & Coastal Law. 2024, Vol. 39 Issue 2, p225-251. 27p.
Publication Year :
2024

Abstract

The overall resilience of the Convention – its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time – is largely attributable to certain design features within the Convention, to a willingness to 'bend' the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks in flexibility and plasticity; in measured doses they promote resilience, while if taken too far they can erode confidence and support in the regime. Ultimately, such resilience rests on the good faith of States and other relevant actors in pursuing common ground in regulating a common space. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09273522
Volume :
39
Issue :
2
Database :
Academic Search Index
Journal :
International Journal of Marine & Coastal Law
Publication Type :
Academic Journal
Accession number :
177659693
Full Text :
https://doi.org/10.1163/15718085-bja10163