Law of the Sea

[Craig H. Allen is the Judson Falknor Professor of Law at the University of Washington in Seattle.] On December 15, 2012, one phase of the dispute between the Argentine Republic and the Republic of Ghana over the “seizure” of the Argentine frigate ARA Libertad while in a Ghanaian port came to an end, when the International Tribunal for the Law of...

A recent meeting of the International Commission on the Conservation of Atlantic Tuna (ICCAT) has been heralded by environmental groups as a win for science in the management and conversation of scarce resources on the high seas.  One of the species within ICCAT’s jurisdiction is the Bluefin Tuna, a species that has famously declined, and some would claim, collapsed in...

Under India’s presidency, the UN Security Council debated the global phenomenon of maritime piracy on November 19.  The outcome was a presidential statement, not a resolution.  Although not binding, it highlights future trends in the Security Council's approach to piracy.   Unlike prior Security Council actions that have been region specific, Monday’s debate reflects the global dimensions of the issue...

This analysis from Professor Matthew Happold offers very good reasons to doubt that Argentina can validly invoke the jurisdiction of the International Tribunal of the Law of the Sea in its dispute with Ghana. Putting aside Argentina's argument that it did not (or could not) waive its warship's immunity, Professor Happold points out that it is far from clear that...

Earlier this week, Harold Koh gave a speech.  And it wasn't about conflicts, drones, or cyberwar, topics that have dominated the attention of international lawyers in recent years.  Rather, Koh's speech was a meditation on the processes of international law-making that confront the State Department on a daily basis.  It was, simply put, a survey of the current international legal landscape...

The Japanese Prime Minister made clear in remarks yesterday that he has no intention of proposing international arbitration to settle or mediate the ongoing Senkaku/Diaoyu Island dispute with China.  Indeed, China's government-controlled English language paper, noted the inconsistency of Japan's position given its willingness to send its similar dispute with South Korea to the ICJ. (A point I noted here). Noda...

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....