Law of the Sea

[Deepak Raju is a senior associate at Sidley Austin LLP, Geneva. The views expressed in this article are exclusively those of the author and do not necessarily reflect those of Sidley Austin LLP and its partners.] The “non-incidental” consequence of “incidental” jurisdiction: Where the tail wags the dog On the merits of the dispute, the parties disagreed on whether India had violated...

I truly enjoyed reading Monica Hakimi’s “Making Sense of Customary International Law” (CIL). It is an exceptional paper, where Monica elegantly brings the entire concept of CIL back to the drawing board. The argument, I believe, can only be properly understood if the reader takes a few steps back and accepts that international law is a construct built by the assembling and disassembling of different legal...

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction Part I of this two-part post reviewed the M/V Wise Honest’s final voyage against the UNSC framework that prohibits such illicit trafficking by sea, followed by the rights and practice...

[Arron N. Honniball is a Research Fellow at the Centre for International Law (CIL), National University of Singapore, Singapore. Funding was provided to CIL by a Singapore Maritime Institute Grant (SMI-2019-MA-03).] Introduction The M/V Wise Honest (IMO 8905490) was, since 17 November 2016, a North Korean owned and flagged cargo ship engaged in numerous violations of United Nations Security Council (UNSC) Resolutions,...

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

[Danilo Ruggero Di Bella is a lawyer at Bottega Di Bella.] This year the Treaty of Paris laying out the status of the archipelago of Spitsbergen (Svalbard) has turned 100-year-old, yet the issues dealt with therein could not be more topical. Tensions are rising among the Contracting Parties to the 1920 Treaty of Paris for the exploitation of the natural resources of Svalbard. These tensions are rooted in...

[Paolo Busco is a member of Twenty Essex Chambers, where he practices in the field of public international law. All opinions are expressed in a personal capacity only.] Rescuing people in distress at sea is a duty. However, does international law require a coastal State to open its ports or territorial sea to foreign ships involved in the rescue? The question is not new, especially in...

[Dustin A. Lewis is the Research Director at Harvard Law School Program on International Law and Armed Conflict. This post is part of our symposium on legal, operational, and ethical questions on the use of AI and machine learning in armed conflict.] I am grateful for the invitation to contribute to this online symposium. The preservation of international legal responsibility and agency concerning the employment of artificial-intelligence techniques...

As readers are no doubt aware, the OTP has once again declined -- now for a third time -- to open an investigation into Israel's violent attack on the MV Mavi Marmara. That decision was wholly expected; the only question was how the OTP would deal with the Appeals Chamber's recent decision in the Comoros situation, in which the Chamber...

The European Union’s migration containment policy is trapping people in detention centres that are being targeted in the Libyan conflict. [Marwa Mohamed is Head of Advocacy and Outreach at Lawyers for Justice in Libya.  LFJL’s #RoutestoJustice programme works to promote the rights of migrants and refugees in Libya and to provide them with access to justice using domestic courts, regional human rights courts and mechanisms...