I read this book in the context of the current climate change backdrop whereby some scholars are arguing for renegotiation of the United Nations Convention on the Law of the Sea (1982) (UNCLOS). Naturally, I thought that the author, a seasoned law of the sea scholar, would also argue how obsolete the current UNCLOS regime had become and why a new regime was imperative and how to build it. But to my surprise, I discovered rather, that the book offers a first-hand experience of the negotiation of a truly universal treaty which has come to be known as a constitution for the oceans. The book fits in well as a memoir, a practitioner's guide to international negotiation, an UNCLOS commentary, and a masterful textbook for the law of the sea.
Due to space constraints, I will highlight only two of the several significant aspects of the publication. The book enlightens its readers with the milieu of UNCLOS negotiations, especially as regards state consent, so that they understand that the treaty regime has not been subject simply to the whims of any superpowers or the result of an undue influence of a group of “angry” developing nations. As head of the Singapore delegation and later elected the President of the United Nations Law of the Sea Conference 1981–2, Professor Koh had the opportunity to deal with numerous delegates from around the globe with their diverse and often conflicting priorities, various private and secret interest groups, non-state actors, the collegium, and the secretariat. It takes, among other things, a master negotiator, a seasoned diplomat, and a legal scholar to bring all the diverse proposals on the table, facilitate discussion on the merits of those proposals and help reach an agreement without resorting to voting. Several times in the book, Professor Koh highlights the knowledge, skills, and techniques he and his colleagues employed to make the negotiation work, underscoring the lessons learned, and outlining what worked and what did not. The final product of the negotiation was a massive treaty adopted by a great number of states that brought certainty in ocean governance and reduced the risk of conflicts in international relations. Another significant feature of the book is Professor Koh's authoritative and helpful commentaries on several UNCLOS provisions and related matters that are rather unclear, which will benefit both scholars and practitioners.
Finally, the editorial decisions in organising the manuscript could have been better in some areas. For example, the repetitive coverage of topics such as the breadth of the territorial sea, the regime of transit passage over straits used for international navigation, and the regime of the exclusive economic zone was a little discomfiting. I understand, however, that this occurred partly because the book is a collection of Professor Koh's previously published materials. Also, over and above the existing chapters, a freshly written essay by Professor Koh putting UNCLOS in the perspective of the latest developments pertaining to the impacts of climate change on ocean governance would have been useful. As a mastermind of the Convention, his views on the interaction between the two regimes—UNCLOS and climate change—could have been very timely and relevant.