A universal constitution for the oceans

Abstract

The entry into force of a multilateral convention, particularly one which has global ramifications, is generally considered to be a joyous event marking the triumph of the rule of law. It is usually the end of a long and tedious voyage which has to be diligently and carefully charted in the light of the sovereign equality of States and their often conflicting interests. The adoption of an agreed text, after complex and intricate diplomatic negotiations, reflects a desire to provide legal formulas for the solution of international questions or disputes. The precision and certainty of written rules, it is hoped, will contribute towards the realization of an effective, just and equitable international legal order. However, before this adopted text is endowed with the force of law, it has to obtain the requisite number of ratifications or accessions. It is only after this requirement has been satisfied that a Convention enters into force and is transported - in the words of the late Judge Manfred Lachs of the International Court of Justice - "across the threshold into the kingdom of law".