(2014) 1 Journal of State Practice and International Law 97

This article explores the various ways that practice can be used in the making [and re-making] of international law. It does so by illustrating how, in the contestation surrounding the conservation and sustainable use of marine biodiversity in ocean areas beyond national jurisdiction (the deep seabed and the high seas), different actors have used practice both to support a particular assertion of law and to reject a counter proposition. The current discussion within the UN Ad Hoc Working Group, which are likely to lead to the adoption of a new treaty, provide the background against which these issues are considered.

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