Search: UNCLOS

Today, the U.S. Department of State released the 2012 edition of its Digest of U.S. practice in international law (for a brief history of these Digests see the accompanying press release here). Under the editorship of CarrieLyn D. Guymon, the Digest addresses a number of key international legal developments from 2012, including the U.S. response to the crisis in Syria and the (failed) attempt to get Senate Advice and Consent to the Disabilities Convention and UNCLOS among other treaty action. In addition, there was plenty of activity on the litigation...

...perfunctory commitments such as “capacity-building”, “technical support” and “information sharing”, the UN Law of the Sea Convention (UNCLOS) and the MA being major exceptions. The concept of CHM that forms the basis of benefit-sharing in these two instruments, however, has fallen out of favour. This is evident from the reluctance of major space-faring nations to ratify the MA, and more recently, from the departure of negotiations for an implementing agreement concerning the conservation of Biodiversity in areas Beyond National Jurisdiction (BBNJ) from a fully CHM-based model to a narrower “benefit...

I have to respectfully disagree with Dave’s interpretation of Judge Jackson’s decision. The decision is almost certainly incorrect from the standpoint of the law of nations; as Dave rightly points out, the definition of piracy in the High Seas Convention and in UNCLOS likely represents the customary standard. But I think Judge Jackson’s decision makes complete sense given the US’s Alice-in-Wonderland approach to international law, whereby the Congress simply defines the “law of nations” as it pleases, no matter how idiosyncratic — read: wrong — that definition may be. In...

Interesting letter to the editor at the WSJ, defending China’s claim to the disputed island/shoal/reef in the South China Seas. It is a good preview of China’s international law argument as well as its view that UNCLOS is largely irrelevant to the dispute. To assert that China “invented” history is a result of ignorance of history. China acquired sovereignty over Huangyan Island through discovery of and presence on the island before anyone else. Hundreds of years of jurisdiction has consolidated China’s sovereignty over the island. Historic and legal evidences are...

...Annex VII of the UNCLOS. ITLOS can appoint members in case of a deadlock, but I don’t know if that happened here. In fact, ITLOS is a largely dormant institution (15 cases so far, in its entire 13 year history). The U.S., for instance, has opted out of the ITLOS for almost all disputes (assuming it eventually ratifies UNCLOS) in favor of the Annex VII arbitral process. This proceeding wasn’t even held at ITLOS’s chambers in Hamburg. Instead, it was administered by the Permanent Court of Arbitration situated (where else?)...

...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,...

...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...

...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...

...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...

...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...

...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...

To have your event or announcement featured in next week’s post, please send a link and a brief description (1-2 paragraphs) to ojeventsandannouncements@gmail.com. Call for Applications ITLOS – Nippon Foundation Capacity Building and Training Programme 2025-2026: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2025 – March 2026, to be held at ITLOS (Hamburg, Germany), is welcoming applications until 6 March 2025. The programme is aimed at junior or mid-level government officials and researchers mainly from developing countries who are currently working on issues related to the law of the...