《联合国海洋法公约》第234条的由来

IF 1.3 3区社会学 Q2 INTERNATIONAL RELATIONS

Ocean Development and International Law Pub Date : 2021-01-02 DOI:10.1080/00908320.2020.1835026

J. Solski

{"title":"《联合国海洋法公约》第234条的由来","authors":"J. Solski","doi":"10.1080/00908320.2020.1835026","DOIUrl":null,"url":null,"abstract":"Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"The Genesis of Article 234 of the UNCLOS\",\"authors\":\"J. Solski\",\"doi\":\"10.1080/00908320.2020.1835026\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.\",\"PeriodicalId\":45771,\"journal\":{\"name\":\"Ocean Development and International Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2021-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ocean Development and International Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1080/00908320.2020.1835026\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ocean Development and International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/00908320.2020.1835026","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}

引用次数: 5

摘要

摘要第234条在《联合国海洋法公约》中的措辞和位置，以及其历史背景方面都是一个例外。关于北极条款的援引条件、第234条对权力的限制及其适用的空间范围，已经产生了不同的解释。它为加拿大和俄罗斯通过的具体立法提供了理由，而这些立法遭到了美国的反对。这篇文章被称为“在国际条约谈判中寻求妥协的教科书范例”，在第三次联合国海洋法会议(UNCLOS III)期间，这三个国家直接和私下进行了谈判。这篇文章描述了第234条的历史背景，并揭示了导致该条款通过的谈判过程。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

The Genesis of Article 234 of the UNCLOS

Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification for specific legislation adopted by Canada and Russia that has been opposed by the United States. The article, describes as a “textbook example of finding a compromise in international treaty negotiations,” was negotiated directly and privately, among these three states during the Third United Nations Conference on the Law of the Sea (UNCLOS III). This article describes the historical background to Article 234 and sheds new light on the negotiating process that led to the adoption of the provision.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

Ocean Development and International Law Multiple-

CiteScore

2.00

自引率

8.30%

发文量

期刊介绍： Ocean Development and International Law is devoted to all aspects of international and comparative law and policy concerning the management of ocean use and activities. It focuses on the international aspects of ocean regulation, ocean affairs, and all forms of ocean utilization. The journal publishes high quality works of scholarship in such related disciplines as international law of the sea, comparative domestic ocean law, political science, marine economics, geography, shipping, the marine sciences, and ocean engineering and other sea-oriented technologies. Discussions of policy alternatives and factors relevant to policy are emphasized, as are contributions of a theoretical and methodological nature.