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Judge Helmut Tuerk

Judge Helmut Tuerk
Vice-President
International Tribunal for the
Law of the Sea

Biography Biography in PDF

Law of the Sea
Landlocked States
The Landlocked States and the Law of the Sea
The manifold uses of the sea are also of considerable interest to landlocked States which, however, differ from other States in one decisive respect: as they do not border the sea, they need transit across the territory of other States in order to be able to benefit from maritime uses. The lack of a coast of their own further deprives them of exclusive rights with respect to maritime areas.

It has taken quite some time for certain legitimate interests of landlocked States with regard to the sea to be recognized in international law. The United Nations Convention on the Law of the Sea of 1982 undoubtedly represents a major step forward in this respect by reaffirming and in some ways also extending the nevertheless still rather limited rights of these States regarding maritime uses. Moreover, one of the major and lasting results of the Conference was to heighten the awareness of the international community that the law of the sea is also of considerable importance to landlocked States. Any further development in this field of law in view of continuing technological progress cannot ignore these States if new, universally acceptable legal rules are to be devised.

Video   (32 minutes)

Security
The Resurgence of Piracy:
A Phenomenon of Modern Times
Maritime piracy has a very long history and was thought to have, more or less, become a matter of the past. Its resurgence, which threatens the world trade and international security, is a phenomenon of modern times. This development is attributable to many factors, from the poverty of coastal populations and desire for financial gain, to the weakness of some states' policing functions, or even, as in the case of Somalia, the absence of an effective government and economic collapse, to the deficiencies of the legal environment characterized by both an insufficient legal framework and the lack of a response mechanism to counter piratical activities.

Video   (44 minutes)
Law of the Sea
Landlocked States
The Landlocked States and the Law of the Sea
A. Legal Instruments
Convention and Statute of Transit, Barcelona, 1921.

Convention and Statute on the International Regime of Maritime Ports, Second General Conference on Communications and Transit, Geneva, 1923.

Convention on the High Seas, Geneva, 29 April 1958, United Nations, Treaty Series, vol. 450, p. 11.

Convention on the Continental Shelf, Geneva, 29 April 1958 United Nations, Treaty Series, vol. 499, p. 311.

Convention on Transit Trade of Landlocked States, New York, 8 July 1965.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p.3.

Agreement between the Government of the Mongolian People’s Republic and the Government of the People’s Republic of China on the Access to and from the Sea and Transit Transport by Mongolia through China’s territory, 26 August 1991.

Djibouti Port Utilization Agreement between the Transitional Government of Ethiopia and the Government of the republic of Djibouti, 12 December 1993.

Implementation Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, New York, 28 July 1994, United Nations, Treaty Series, vol. 1836, p.3.
B. Documents
Conference on Communication and Transit, Declaration of Barcelona, 1921.

Declaration by the European Economic Community upon signature of the United Nations Convention on the Law of the Sea, 7 December 1994.

Report of the Secretary-General on Oceans and the Law of the Sea, June 2004 (A/59/62/Add.1).

General Assembly resolution 60/1 of 16 September 2005 (2005 World Summit Outcome).

General Assembly resolution 64/71 of 4 December 2009 (Oceans and the law of the sea).

Security
The Resurgence of Piracy: A Phenomenon of Modern Times
A. Legal Instruments
Declaration Respecting Maritime Law, Paris, 1856.

Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, United Nations, Treaty Series, vol. 213, p. 221.

Convention on the High Seas, Geneva, 29 April 1958, United Nations, Treaty Series, vol. 450, p. 11.

United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982, United Nations, Treaty Series, vol. 1833, p.3.

Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia, 11 November 2004, International Legal Materials, vol. 44, 2005, p. 829.

Caribbean Community Maritime and Airspace Security Co-operation Agreement, 2008.
B. Jurisprudence
C. Documents
International Law Commission, Articles concerning the Law of the Sea with Commentaries, reproduced in Yearbook of the International Law Commission, 1956, vol. II, p. 282.

International Maritime Organization, Measures to Prevent Acts of Piracy and Armed Robbery Against Ships, IMO Assembly resolution A. 545(13) of 17 November 1983 (subsequently reaffirmed in 1993, 2005 and 2007).

International Maritime Organization, Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships, IMO Assembly Resolution A.922 (22), 29 November 2001.

International Maritime Organization, “Piracy and Armed Robbery against Ships: Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships” (IMO Doc. MSC/Circ.623/Rev. 3 of 29 May 2002).

Security Council resolution 1816 (2008) of 2 June 2008.

Maritime Organization of West and Central Africa, Memorandum of Understanding, July 2008.

Security Council resolution 1851 (2008) of 16 December 2008.

International Maritime Organization, Code of Conduct concerning the Repression of Acts of Piracy and Armed Robbery against Ships in the Western-Indian Ocean and the Gulf of Aden, Djibouti, 29 January 2009.

Exchange of Letters between the European Union and the Government of Kenya on the Conditions and Modalities for the Transfer of Persons Suspected of having Committed Acts of Piracy and detained by the European Union-led Naval Force (EUNAVFOR), and Seized Property in the Possession of EUNAVFOR, from EUNAVFOR to Kenya and for their Treatment after such Transfer, 6 March 2009.

Report of the Secretary-General pursuant to Security Council resolution 1846 (2008) (S/2009/146, 16 March 2009).

International Maritime Organization, Maritime Safety Committee, Revised guidance on combating piracy agreed by IMO Maritime Safety Committee, MSC 86th session (27 May-5 June 2009).

Exchange of Letters between the European Union and the Republic of Seychelles on the Conditions and Modalities for the Transfer of Suspected Pirates and Armed Robbers from EUNAVFOR to the Republic of Seychelles and for their Treatment after such Transfer, 30 October 2009, 2009 OJ (L 315) 37.

Security Council resolution 1897 (2009) of 30 November 2009.

International Chamber of Commerce, International Maritime Bureau, Annual Report 2009, Piracy and Armed Robbery against Ships, January 2010.

Security Council resolution 1918 (2010) of 27 April 2010.