Law of the Sea

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...

I wanted to thank Professors Allen, Kraska, and Noyes for their contributions to our discussion on US ratification of UNCLOS. I've learned a great deal from their posts and I hope our readers have as well. I wanted to remind our readers, however, that we will hear from two leading scholars tomorrow -- Jeremy Rabkin and Steven Groves -- who...

[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] The U.S. Senate Foreign Relations Committee is currently holding hearings on U.S. acceptance of the 1982 Convention on the Law of the Sea, as modified by the 1994 Part XI Implementation Agreement (the “LOS Convention”).  The Committee favorably reported the LOS Convention in 2004...

[Dr. James Kraska, Commander, U.S. Navy, is the Howard S. Levie Chair of Operational Law at the U.S. Naval War College].  Thanks for the opportunity to talk a bit about the major national security and strategic interests of the United States in the UN Convention on the Law of the Sea (UNCLOS). It is also a pleasure to exchange thoughts on the...