Louis Sohn - The Law of the Sea in a Nutshell

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JESSE H. CHOPER

Professor of Law and Dean Emeritus,
University of California, Berkeley

JOSHUA DRESSLER

Professor of Law, Michael E. Moritz College of Law,
The Ohio State University

YALE KAMISAR

Professor of Law, University of San Diego
Professor of Law Emeritus, University of Michigan

MARY KAY KANE

Professor of Law, Chancellor and Dean Emeritus,
University of California,
Hastings College of the Law

LARRY D. KRAMER

Dean and Professor of Law, Stanford Law School

JONATHAN R. MACEY

Professor of Law, Yale Law School

ARTHUR R. MILLER

University Professor, New York University
Professor of Law Emeritus, Harvard University

GRANT S. NELSON

Professor of Law, Pepperdine University
Professor of Law Emeritus, University of California, Los Angeles

A. BENJAMIN SPENCER

Associate Professor of Law,
Washington & Lee University School of Law

JAMES J. WHITE

Professor of Law, University of Michigan

Second Edition

By

LOUIS B. SOHN (19142006)

Late Bemis Professor of International Law Emeritus,
Harvard Law School
Late Woodruff Professor of International Law,
University of Georgia School of Law
Late Distinguished Research Professor,
The George Washington University Law School

KRISTEN GUSTAFSON JURAS

Assistant Professor,
University of Montana School of Law

JOHN E. NOYES

Roger J. Traynor Professor of Law,
California Western School of Law

ERIK FRANCKX

President, Department of International and European Law
Director, Center for International Law
Professor, Vrije Universiteit Brussel

Mat #40498719

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ISBN: 9780314169419

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Much has changed in the law of the sea in the quarter century since the 1984 publication of the first edition of Law of the Sea in a Nutshell, by Louis B. Sohn and Kristen Gustafson Juras. The goal of this second edition nevertheless remains the same as that of the first edition: to provide a comprehensive and accessible introduction for students and professionals to the rules, concepts, institutions, and processes underlying the international law of the sea. Some aspects of European law, U.S. law, and other national law are analyzed to illustrate how countries implement their international legal obligations and address oceans issues, but the primary focus is on international law.

The authors of this second edition dedicate it to the memory of their colleague and mentor, Louis B. Sohn (19142006), who greatly influenced modern international law. Louis Sohn participated in the 1945 San Francisco drafting conference that established the United Nations and, during 19691971, worked as the first Counselor on International Law at the U.S. Department of State. His vision, dedication, vast knowledge, and skill made him instrumental in the development of the modern law of the sea. In his capacity as a U.S. delegate to the Third United Nations Conference on the Law of the Sea IV from 1974 to 1982, he was one of the primary architects of the dispute settlement provisions of the 1982 Law of the Sea Convention. Louis Sohn also contributed significantly to many other areas of international law, including human rights, international environmental law, international organizations, arms control and disarmament, and dispute settlement. Those active in the International Law Section of the American Bar Association, the American Society of International Law, and the American Branch of the International Law Association know about his dedication to and leadership of those organizations. Louis Sohn also served as a reporter for the American Law Institutes Restatement (Third) of the Foreign Relations Law of the United States. In his distinguished career as a scholar and teacher at Harvard Law School, the University of Georgia School of Law (where he taught Kristen Gustafson Juras and Erik Franckx), and The George Washington University Law School, he encouraged many of his students to pursue careers in international law. We are immensely grateful for his tireless and persistent efforts to mold a better international legal system for future generations.

The authors are grateful as well to many other colleagues, far too numerous to mention, who have supported their work and influenced their views about the law of the sea. William Aceves, Craig Allen, Caitlyn Antrim, Coalter Lathrop, and Steven Smith were particularly helpful with issues related to this volume. Andres Haladay, Jamie Howard, Amy Lord, Omar Nassar, Emily Von Jentzen, Linda V Weathers, Bobbi Weaver, Shanshan Xue, and Xiping Zhou provided essential research support, and the technical support of Wendy Owens, Diane Sopko, and Joyce Stallworth was invaluable.

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Professor Kristen Gustafson Juras is the coauthor, with Louis B. Sohn, of the first edition of Law of the Sea in a Nutshell (1984). She teaches property, business, tax, and commercial classes at the University of Montana School of Law and has taught classes on the law of the sea at the Marco Polo Institute of Xiamen University in Xiamen, China. Professor Juras has been active in the Jessup International Moot Court Competition as a judge and coach, and has participated in the drafting of the American Bar Associations White Paper on International Environmental Issues and the Rule of Law. Prior to teaching, Professor Juras practiced for more than twenty years, including the representation of clients in international transactions.

Professor John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law. He has also taught international law or law of the sea classes at the University of Connecticut School of Law, Roger Williams University School of Law, Suffolk University Law School, Wake Forest University School of Law, Victoria University (Wellington) in New Zealand, and the University of San Diego Institute of International and Comparative Law. His books include International Law Cases and Commentary (3d ed. 2006) VIII (with Mark W. Janis) and Cases and Materials on the International Law of the Sea (2004) (with Louis B. Sohn), and he has written numerous other publications about the international law of the sea and international dispute settlement. Professor Noyes is the President of the American Branch of the International Law Association and the former Chair of the American Bar Associations Law of the Sea Committee, and he has been an American Branch, ILA representative on three International Law Association law of the sea committees.