Reflections on the Making of the Modern Law of the Sea elaborates on the techniques and skills which Satya Nandan brought to bear on the task to develop and adopted the United Nations Convention on the Law of the Sea (UNCLOS), the alliances he formed with colleagues from different countries and the strategies that worked in this complex, multi-dimensional negotiation.
UNCLOS is one of the most successful agreements to govern the global commons. If it is a constitution for the oceans, Satya Nandan is one of the founders: one of the few key personalities behind the agreement, and the subsequent development of the law of the sea in the decades since UNCLOS was adopted. He led the drafting of the key negotiating text, most of which made its way, unaltered, into the Convention’s final text. At a time when the stakes involved in managing the global commons could not be higher, Nandan’s experience and wisdom could not be more relevant and important.
How did a lawyer from the Pacific nation of Fiji come to play such a pivotal role in this important area of diplomacy and international law? Armed with his trademark pencil, Nandan used his creativity, pragmatism and penchant for language to reach compromise and build consensus at nearly every stage in the making of the modern law of the sea.
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Chapter I: Chaos at Sea: The Search for a New Legal Order
— Reflections on My Formative Years and Interest in the Law of the Sea
— Historical Development of the Law of the Sea
— Preparatory Work for the Third United Nations Conference on the Law of the Sea
Chapter II: Beyond Codification: Development of Innovative Working Methods and Procedures
— Innovations in Treaty-making at the Third Conference
— Approach to Consensus-building Diplomacy as Developed Using the Working Methods and Procedures of the Third Conference
Chapter III: Negotiating a New Legal Order: Third United Nations Conference on the Law of the Sea
— Negotiating the Organisation of the Conference and Identifying the Main Trends
— Negotiating for a Negotiating Text Negotiating through Informal Negotiating Groups
— My Approach to Drafting the Second Committee’s Single Negotiating Text
— Basis and Rationale for the Key Formulations of the Second Committee’s Single Negotiating Text
— Fiji’s Participation in the Third Session of the Third Conference
— Reactions to the Single Negotiating Text
— Basis and Rationale for Certain Resulting Provisions Included in the Convention
— Negotiating the Challenging and Dramatic Conclusion to the Third Conference
Chapter IV: Achieving Universal Acceptance: Part XI Implementation Agreement
— Setting the Stage for the Informal Consultations
— Initiating the Informal Consultations to Negotiate the Part XI Implementation Agreement
— Establishing the International Seabed Authority
— Reflections on Part XI and Its Place in the Management of Ocean Resources and the Preservation of the Marine Environment
Chapter V: Operationalising the Regime: UN Fish Stocks Agreement and the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
— Negotiating the UN Fish Stocks Agreement
— The Three Pillars of the UN Fish Stocks Agreement
— Reflections on Key Elements of the UN Fish Stocks Agreement
— Negotiating the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC Convention)
Chapter VI: Concluding Reflections
— Tribute to Friends
— Posthumous Note
— Curriculum Vitae
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