Law of the Sea

It is a draft platform, but these parts of the 2012 GOP Platform are certainly interesting. It appears to have strong language in favor of "American Exceptionalism" and American sovereignty. Under our Constitution, treaties become the law of the land. So it is all the more important that the Congress -- the senate through its ratifying power and the House through...

While I am at it, I might as well flog my most recent piece on China's relationship with international tribunals and international adjudication more generally.  This study, which attempts to document all of China's treaties that include compulsory dispute resolution clauses (excepting bilateral investment treaties), concludes that China is unlikely to become a strong supporter and participant in mechanisms of...

It's official. US ratification of UNCLOS is dead (at least for this year).  And, perhaps more significantly, the treaty was sunk by two senators, Robert Portman and Kelly Ayotte, both of whom appear to be on Republican nominee Mitt Romney's vice-presidential short list.  Their announcements, in a letter to Senate Majority Leader Harry Reid, brings the number of announced U.S....

[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] I do not share Professor Rabkin’s pessimistic view of the prospect of international arbitration of law of the sea disputes under the Law of the Sea Convention.  LOS Convention tribunals and the law of the sea experts who serve as judges and arbitrators have helped...

[Editors Note: We inadvertently posted the incomplete version of this post by Jeremy Rabkin this morning. This post has his response to Prof. Noyes earlier post today. Sorry for the confusion.] [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] Craig Allen has performed a valuable service by reporting the range of sea-related treaties where we have already committed to...

[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] My thanks again to Julian Ku for organizing this series on U.S. accession to the Law of the Sea Convention.  I write to respond to Mr. Groves’s contention, based on U.S. experience in the Gulf of Mexico, that U.S. accession is not needed to further...

The Lotus Case is a pillar of international legal education.  Generations of international law students have studied the PCIJ's opinion that Turkey had not acted in conflict with principles of international law in prosecuting a French national -- Lieutenant Demons -- for his role in the collision of a French steamer -- the S.S. Lotus -- with a Turkish vessel --...

[Steven Groves is a Bernard and Barbara Lomas Fellow at The Heritage Foundation in Washington D.C.] Many thanks to Julian Ku for inviting me to participate in this UNCLOS debate on one of my favorite websites. There is much I agree with in the posts of Professors Kraska, Noyes, and Allen. Professor Kraska correctly emphasizes the victory achieved by U.S. negotiators at UNCLOS...

 [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] I entirely accept what James Kraska says about the benefits of the navigation rules in UNCLOS.  But when Kraska and others say these rules are favorable, they mean the UNCLOS rules – as American officials would interpret them.  Unfortunately, UNCLOS doesn’t leave it up to American officials to interpret...