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The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea
Of necessity LOSC Articles are brief and in some instances vague and requiring interpretation. There is general consensus that LOSC is successful and that its vagueness in certain areas is an asset allowing a variety of otherwise contrary attitudes to be accommodated. It is necessary to analyse the...
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| Format: | Thesis |
| Language: | English English |
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Institute of Marine and Environmental Law
2025
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| _version_ | 1867613342204428288 |
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| access_status_str | Open Access |
| author | Guy N R |
| author2 | Devine, D |
| author_browse | Devine, D Guy N R |
| author_facet | Devine, D Guy N R |
| author_sort | Guy N R |
| collection | Thesis |
| description | Of necessity LOSC Articles are brief and in some instances vague and requiring interpretation. There is general consensus that LOSC is successful and that its vagueness in certain areas is an asset allowing a variety of otherwise contrary attitudes to be accommodated. It is necessary to analyse the Articles with a view to a better understanding of them and to possibly prepare for some future conference or convention that will more than likely be necessary to resolve some of the remaining problems. To illustrate the need for greater understanding of some of the Articles of LOSC the United Nations Office for Ocean Affairs and Law of the Sea found it necessary to convene a conference of 'experts' during 1993 and 1995 to consider the implications of the complex Articles of LOSC which deal with claims to the continental shelf. Criteria contained in Article 76 allowing for maximum outer limits of the continental shelf and other criteria to justify a claim are complicated and require experience in many fields including marine geology, geography, surveying, and geodesy. The intention is therefore to analyse the possible interpretation, application and consequences of the implementation of Articles in LOSC, and more particularly in a Southern African context. Provisions of LOSC, where technical and scientific considerations are crucial, will be selected for consideration. These include those involving geodetic, geographical, geological, survey, navigational, organisational, and social and resource factors. The effect of these factors on LOSC will be assessed and interpreted and any shortcomings found in the Articles will be highlighted and suggestions made for their possible improvement or interpretation. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/41436 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:36.552Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Institute of Marine and Environmental Law |
| publisherStr | Institute of Marine and Environmental Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/41436 The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea Guy N R Devine, D Rogers, J Merry, C Marine and Environmental Law Of necessity LOSC Articles are brief and in some instances vague and requiring interpretation. There is general consensus that LOSC is successful and that its vagueness in certain areas is an asset allowing a variety of otherwise contrary attitudes to be accommodated. It is necessary to analyse the Articles with a view to a better understanding of them and to possibly prepare for some future conference or convention that will more than likely be necessary to resolve some of the remaining problems. To illustrate the need for greater understanding of some of the Articles of LOSC the United Nations Office for Ocean Affairs and Law of the Sea found it necessary to convene a conference of 'experts' during 1993 and 1995 to consider the implications of the complex Articles of LOSC which deal with claims to the continental shelf. Criteria contained in Article 76 allowing for maximum outer limits of the continental shelf and other criteria to justify a claim are complicated and require experience in many fields including marine geology, geography, surveying, and geodesy. The intention is therefore to analyse the possible interpretation, application and consequences of the implementation of Articles in LOSC, and more particularly in a Southern African context. Provisions of LOSC, where technical and scientific considerations are crucial, will be selected for consideration. These include those involving geodetic, geographical, geological, survey, navigational, organisational, and social and resource factors. The effect of these factors on LOSC will be assessed and interpreted and any shortcomings found in the Articles will be highlighted and suggestions made for their possible improvement or interpretation. 2025-05-14T07:55:13Z 2025-05-14T07:55:13Z 2000 2025-05-14T07:50:02Z Thesis / Dissertation Doctoral PhD http://hdl.handle.net/11427/41436 en eng application/pdf Institute of Marine and Environmental Law Faculty of Law Universiy of Cape Town |
| spellingShingle | Marine and Environmental Law Guy N R The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| thesis_degree_str | Doctoral |
| title | The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| title_full | The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| title_fullStr | The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| title_full_unstemmed | The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| title_short | The relevance of non-legal technical and scientific concepts in the interpretation and application of the law of the sea |
| title_sort | relevance of non legal technical and scientific concepts in the interpretation and application of the law of the sea |
| topic | Marine and Environmental Law |
| url | http://hdl.handle.net/11427/41436 |
| work_keys_str_mv | AT guynr therelevanceofnonlegaltechnicalandscientificconceptsintheinterpretationandapplicationofthelawofthesea AT guynr relevanceofnonlegaltechnicalandscientificconceptsintheinterpretationandapplicationofthelawofthesea |