Fundamental Challenges for the Law of the Sea
Leader: Senior Research Fellow Øystein Jensen, Fridtjof Nansen Institute.
The main objective of the research undertaken under the working package “Fundamental Challenges for the Law of the Sea” (WP I) is to analyse the adaptability of the law of the sea to present and foreseeable future challenges. This will be done through organisation of research activities focused on two main study tasks.
Task 1: Development of the law of the sea
The main line of inquiry here is not oriented on analysing codification, or already existing sources of the international law of the sea, but on exploring reasons of, and prospects for, progressive development of the law of the sea, faced with core challenges. The goal is to find out how the law of the sea is developed under new circumstances.
Task 2: Interaction of the law of the sea with other parts of international law
The law of the sea is a part of international law and, as such, has always interacted with other parts of this legal discipline. Recent human uses of the seas and the related activities have, however, necessitated an increased focus on the interaction of the law of the sea with parts of international law previously seldom related to the maritime sphere. Beyond increasingly relevant links with international environmental law, other parts of international law became more closely related to the law of the sea; for instance, the use of trade-related measures in fisheries management has resulted in the need for interaction with international trade law, and the increase of arrest of fishing vessels as well as security demands in combating transnational crimes require a focus on the interaction with human rights.