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Search: UNCLOS

03 Mar

...obligation requires States to take preventive measures to protect life through the provision, operation and maintenance of effective SAR services required under UNCLOS (Article 98(2)) and SOLAS (Annex, Cap V, Reg 7) and SAR (Annex, Cap 2.1.1.) Conventions. It is noteworthy that obligations of due diligence necessitate not only the adoption of appropriate rules and measures under these treaties but also “…a certain level of vigilance in their enforcement…” (Pulp Mills case, para 197). The obligation of due diligence translates itself into a duty to take all necessary measures to...
03.03.21 | and |

05 Dec

...is any illegal act of violence, detention, or depredation committed outside territorial waters for private (rather than political) ends by crew or passengers of a private ship or aircraft against another ship, persons, or crew. Inside territorial waters such crimes constitute armed robbery at sea and are the responsibility of the state. These definitions emerged from customary international law, the 1958 Convention on the High Seas, and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which has become the de facto constitution for the world's oceans....
05.12.08 | |

08 May

Nicolas Nothing fishy here. Russia, like many other states who have signed and ratified UNCLOS, has not implemented Article 105 which allows some sort of universal jurisdiction over pirates. Moreover since Russia was not the flag state of the ship and, as far as I know, there wasn't any russian citizens in the crew, I'm not sure Russia had any way of prosecuting those guys. There are legal flaws but most of them are related to the lack of implementation of UNCLOS in domestic laws, and the blame lies on...
08.05.10 | |

14 Aug

..."last in time" rule could be fairly interpretted to make the fedearl statute subject to this treaty rule. (4) The same definition was also incorporated into the much more widely ratified 1982 UN Convention on the Law of the Sea. Somalia is a party to UNCLOS. Although the U.S. is not, the U.S. government has long asserted that most provisions of the treaty are declarative of CIL; indeed the Navy in particular absolutely relies on its provisions on a daily basis -- indeed it is safe to say that the...
14.08.10 | |

15 Oct

Alejandro Turyn Hi, my name is Alejandro Turyn and I'm from Argentina. There are several reasons why the ARA Libertad should not be retained in Ghana. First of all it is the flagship of Argentina's war ships and as such it enjoys special or particular immunity which is different from general state immunity. This is not govern by Ghanian Law but by international law (either Customary International Law, UNCLOS, etc.). Such determination has been rendered by so many different court and Tribunals around the world not only for the Flagship...
15.10.12 | |

27 Feb

...law. Incorporating the UNCLOS definition of piracy into the domestic crime, the court allowed piracy charges to proceed. U.S. v. Dire, 680 F.3d 446 (4th Cir. 2012). The 4th Circuit held that the UNCLOS (international law) definition of piracy is the correct definition of piracy to apply under US domestic law. Id. at 469. Therefore, the crime of piracy under U.S. municipal law--piracy "under the law of nations--is considered coextensive with the international law definition. Yes, the Harvard treatise opines about political ends perhaps taking an act outside the definition...
27.02.13 | |

04 Jun

...the process, contrary inter alia to Art. 110 UNCLOS. Under the circumstances, it is only a blockade, as a legal institution, that can provide Israel with the right to do what it did. Edward Swaine Kevin, your postings on this subject -- and the excellent responses -- are in substance and tone an exemplar of legal blogging, kind of like Marty Lederman's prior efforts. I'm a bit skeptical of the Civil War's import for present circumstances, but I gather the question was fairly presented by Eric's editorial (to the extent...
04.06.10 | |

16 Oct

Peter Prows Professor Romano points to a timely debate about the age-old problem of how to manage the ocean commons. There are indeed preliminary discussions underway about working up a new UNCLOS "Implementing Agreement" for biodiversity (and living resources) in areas beyond national jurisdictions. Also underway are serious negotiations to establish in the short-term new treaty-based regional fisheries management organizations (RFMOs) for the Southern Pacific and Southern Indian Oceans that are likely to have broad-based authority to conserve and manage even deep sea fisheries. If the extensive domestic restrictions of...
16.10.06 | |

01 Feb

...on the "high seas."). What casebook do you teach from? dubito hmm! Interferences with the freedom of navigation of the vessel flagged by State X and the jurisdiction of such State authorized under international law are rather tipical. The (deceptive?) informations seems to be aimed at triggering debate about: a) broad interpretation of the outdated (in times of satcom) provisions under UNCLOS on boarding a vessel due to unallowed broadcasting and b) claims for legitimate use of force in order to prevent release of information crucial for national security. Jordan...
01.02.12 | |

03 Sep

...the Court, rather than to the parties. You will therefore have to, in some sense, "blame" the Court. I agree that it would not be an affront to the Court to say that other institutions may be preferable. UNCLOS has established a mechanism by which the ICJ is only one of the available institutions, and the ECHR expressly excludes recourse to any court other than the ECtHR on questions under the Convention. It is, however, more than slightly unfair to describe the ICJ as 'cumbersome' and therefore inferior to the...
03.09.07 | |

17 Nov

...there was no conspiracy of Members to UNCLOS to kick the UK out of ITLOS, no desire to punish it. It is only that the UK did a weak campaign believing it that just being the UK was enough to guarantee re-election of Judge Anderson. Austria, being the underdog in this race within the Western group, campaigned for two years very intensively. What could the UK do to try to fend off Austrian’s competition? In my opinion two things: a) Put some more effort in campaigning; b) maybe put forward...
17.11.06 | |

07 Aug

...to be outside the scope of public war ("without being part or portion of the organized hostile army") and therefore common domestic or international criminals ("highway robbers or pirates"). It does not in any way say that they are subject to or have violated IHL. The UNCLOS is not an IHL document. All the best, John Morris Davis The jury sentenced Hamdan to 66 months. The judge gave him credit for nearly 61 months of time served, so he has less than 6 months remaining on his sentence. Hamdan won...
07.08.08 | |