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Du droit coutumier aux premières tentatives de codification

Abstract : The birth and development of the international law of the sea 40 have been linked to the progressive influence of men on maritime areas, firstly through navigation and then through the increasing exploitation of their resources; *** 36 *** they are, in other words, intimately linked to "Progress", understood in the words of Francis Bacon (1561-1626) as "the discovery of causes, and the knowledge of the intimate nature of primordial forces and principles of things, in order to extend the limits of man's empire over the whole of nature and to do everything possible to him. "41 The history of the law of the sea also confused with the patina of international law. From the earliest times to the present day, the law of the sea has accompanied the slow construction of the international legal system. In this respect, the main stages in the development of the law of the sea are also milestones marking the transformation of the sources of international law. Born from a profusion of unilateral practices and scattered agreements between different pre-state and then state territorial powers, the law of the sea is indebted to the doctrine of its first attempts at systematization. The latter escorted the emergence of general norms of a customary nature whose codification and progressive development in multilateral conventions will await the second half of the twentieth century, the progressive legalization of international law contributing to the development of the discipline. The four conventions on the law of the sea adopted in Geneva in 1958 constitute in this respect a legal novation which their (relative) bumping by the Montego Bay Convention a few years later should not overshadow. These questions will be developed through the examination of "classical" customary law (§1), in force at 40 In general, on the history of the international law of the sea, v. G. Gidel, International Public Law of the Sea
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Franck Latty. Du droit coutumier aux premières tentatives de codification. Traité de droit international de la mer, A. Pedone, pp.35-54, 2017. ⟨hal-01781224⟩



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