Search: UNCLOS
15 Oct China’s Definition of the “Peaceful Settlement of International Disputes” Leaves Out International Adjudication
...of state non-consent and lack of jurisdiction, I think it is unlikely to climb down from this position and accept the legitimacy of the UNCLOS arbitration. Which is why I find it hard to accept the theory put forth by the Philippines lead U.S. counsel, Paul Reichler, as to why China will ultimately accept the arbitral tribunal award in that dispute. In an interview in the WSJ, Reichler relies on the reputational damage China will suffer if it defies the arbitral tribunal and the advantages China would get out of...02 Sep Upcoming Events: September 2, 2012
...and Comparative Law, in conjunction with the Law Society of Northern Ireland, presents UNCLOS at 30, commemorating the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (“UNCLOS”), November 22-23, 2012 in Belfast, Ireland. Additionally, the British Institute of International and Comparative Law has announced the 13th Annual WTO Conference May 15-16, 2013 in London. Last week’s announcements can be found here. If you are organizing a conference or other event and would like to see the call for papers or...04 Jan East China Sea dispute: what is the Role of International Law?
...Last week, Korea made a partial submission to the Commission seeking to identify the outer limits of Korea’s continental shelf, which, unsurprisingly, overlap with China’s claim. The map here is illustrative. Moreover, in a note dated December 28, 2012, Japan asked the Commission not to consider China’s submission because the distance between the coasts in the area covered by the submission is less than 400 nautical miles, and pursuant to UNCLOS Article 83, the delimitation must be effected by agreement of the parties. As a result, Japan is maintaining its...01 Oct Book Symposium Investment Law: A reply to Prof. Tullio Treves’ comments
...Let us also not forget that denunciations are only effective for the future, and that all claims arising before the denunciation of the ICSID Convention and of corresponding BITs are still in theory arbitrable. Finally, we thank Prof. Treves for his suggestion to examine the extent to which the ‘prompt release’ procedure under Art. 292 of UNCLOS could be mirrored in international investment law. This sort of mechanism indeed would have several advantages such as, as mentioned by Prof. Treves, bringing the home state back in the picture. This would...
12 Dec Challenges to Security in the Black Sea: Analyzing the Tripartite Initiative Operation in the Black Sea
...Sea-mines cannot be laid by belligerents with the expressed intent of preventing commercial sea trade. A belligerent has to accord the legitimate interests of neutral nations “due regard” if it chooses to deploy mines or attach pre-laid mines in international seas. If it is essential for gaining military advantage, belligerents may lay mines in the continental shelf areas of neutral states and the exclusive economic zone (EEZ). Therefore, provided the mines do not endanger international shipping, states may place them. However, according to Part V (Art. 55-59) of UNCLOS, it...29 Oct What Does China Mean When It Celebrates the “International Rule of Law”?
...kinds as well) no matter what the justification. So don’t count on a Chinese vote for that Syria intervention. 4) Go Democracy (between, but not within, nations)! The statement also endorses democracy…that is to say, democracy in international lawmaking. It accuses some countries (the One-Who-Must-Not-Be-Named) of trying to make “rules of certain countries as “international rules”, and their standards “international standards”. I am guessing this is clearly a shot at the U.S. in areas as varied as trade laws, IP, and human rights. 5) Philippines and UNCLOS arbitral tribunal: Don’t...17 Oct China’s Rising Geolegal Sphere
...relationship between a rising Chinese stake in the international legal system and respect for that system does not appear to be holding, as China leverages its geolegal sphere to carve out a maritime domain of non-compliance. There is thus no prospect of returning to an Asia-Pacific in which maritime order aligns with the rules set out in UNCLOS – previously signed or ratified by all states in the region, including China. Continued denial of the legality of this nascent order remains crucial, as it undoubtedly renders Chinese power less efficient,...