Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

NILR 1998 BOOK REVIEWS 149

Apart from these critical notes, on the whole this book offers a useful summary of
the 'state of affairs' with regard to the role of European Ground and Air Forces after the
Cold War. Furthermore, it extensively inventories obstacles to and prospects for further
European politico-military integration. The book will be of particular interest to European
policy-makers, defense planners, officers-in-training in military and defense academies,
and students of international relations, political science and European security.

G.R. den Dekker


University of Amsterdam

1. Also referred to as rapid and flexible crisis management, peace keeping, peace support,
or peace enforcing operations.
2. See the 'preamble' of The Founding Act on Mutual Relations, Co-operation and Security
between NATO and the Russian Federation (Paris, 27 May 1997).
3. This first appeared in the 1928 Pact of Paris and afterwards in Art. 2(4) of the UN Charter.
See also Art. 7 of the North Atlantic Treaty which explicitly confirms respect for the rights and
obligations under die Charter of the parties which are members of the United Nations.

T. TREVES; L. PINESCHI, eds., The Law of the Sea: The European Union and
its Member States, Martinus Nijhoff Publishers, The Hague 1997, xxiv + 590
pp., $ 192/£ 130/Dfl. 295. ISBN 90-411-0326-0.

The aim of this book is to give a detailed survey of the attitudes and practice concerning
the law of the sea of the Member States of the European Union and of the European
Community as such (p. 2). To this end, it includes separate chapters on the attitude and
practice of the European Community and the Member States with the exception of Luxem-
bourg. References to this latter state are included in the chapter on Belgium. The book
ensued from the cooperative effort of legal scholars and practitioners from the Member
States of the European Union under discussion. This approach has made it possible to
collect detailed information on the practice of the states involved. Such an effort would
probably have been impossible for a single author. Most of the book, including the
Appendix, Table of Treaties and Index is in English, but four chapters are in French.
The Appendix contains the declarations of the European Community and its Member States
concerning the United Nations Convention on the Law of the Sea of 1982.
In order to present the practice of the Member States, a common format has been
adopted, facilitating comparisons. The chapter on the European Community does not
follow this framework, as it does not have competence over the same subject matters as
the Member States. The chapter introduces the reader to the involvement of the European
Community with the Law of the Sea Convention, and its competencies and policy in such
fields as fisheries and the marine environment.
The chapters on the practice of the Member States, in general, discuss the following
subjects: baselines; the limits and regime of the territorial sea; straits; the contiguous zone
and other functional non-resource zones; the continental shelf; the fishery or exclusive

Downloaded from https://www.cambridge.org/core. University of Groningen, on 15 May 2021 at 11:06:00, subject to the Cambridge Core terms
of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0165070X00000127
150 BOOK REVIEWS NILR 1998
economic zone; the high seas; the Area; delimitation of maritime zones with other states;
the preservation and protection of the marine environment; and marine scientific research.
There are also differences in the format of the chapters on the Member States. This
can be explained in large part by the fact that the interest of the Member States in specific
subject matters depends on their geographical position. For instance, Austria and
Luxembourg, as land-locked states, do not share the interest of the other Member States
in certain topics. In some instances, however, the reasons for a differing format are not
altogether clear. For instance, the chapter on Germany only contains separate entries on
the territorial sea, the continental shelf, the fishery and exclusive economic zone, the high
seas, and deep seabed mining.
The information provided on the separate entries is not always the same. This can be
explained by the specific circumstances of each Member State. For instance, the section
on straits in the chapter on Denmark is more extensive than for most other states as it
discusses the legal regime of the Danish straits. At other times, the discussion of the same
topics seem to be somewhat uneven, as they are not treated in the same detail, although
the same amount of practice would appear to exist.
The book does not provide a comparative analysis of the practice of the Member States.
Although such a comparative approach at first sight might seem attractive, it is doubtful
whether it would add something to the book, as a sample of 15 states, which further at
times have opposing interests, is too small to draw any firm conclusions.
The main merit of The Law of the Sea: The European Union and its Member States
is that it provides detailed information on the practice of the Member States of the
European Union on the law of the sea, making it a useful starting point to analyze recent
state practice.

Dr. Alex G. Oude Elferink


Research Associate
Netherlands Institute for the Law of the Sea
Utrecht University

J.A. DE YTURRIAGA, The International Regime of Fisheries: From UNCLOS


1982 to the Presential Sea, Martinus Nijhoff Publishers, The Hague 1997, xviii
+ 326 pp., $ 114/£ 77/Dfl. 175. ISBN 90-411-0365-1.

The subtitle of this book 'From UNCLOS 1982 to the Presential Sea' might suggest that
the author supports the extension of coastal state jurisdiction over fisheries as the presential
sea concept has been developed by Chile to protect its interests beyond 200 nautical miles
from its coasts. However, the opposite is the case, as Ambassador de Yturriaga views
the continued attempts of some coastal states to enlarge their control over fisheries with
some reservation.
The International Regime of Fisheries looks at the development of the regime of
fisheries, focussing on the extension of coastal state jurisdiction and its consequences for
the freedom of fisheries on the high seas. As the book discusses a wide array of issues,
only its more salient points will be highlighted in this review.

Downloaded from https://www.cambridge.org/core. University of Groningen, on 15 May 2021 at 11:06:00, subject to the Cambridge Core terms
of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0165070X00000127

You might also like