Search: UNCLOS
22 Jul Space Law at the Crossroads: Contextualizing the Artemis Accords and the Space Resources Executive Order
...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...19 Aug The Chickens Come Home to Roost — U.S. v. Said
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...28 Jun China’s International Law Argument on the Scarborough Shoal/Huangyan Island
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...21 Sep Law of the Sea Arbitral Tribunal Rules in Favor of Guyana Over Suriname
...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?)...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,...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...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...