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Search: UNCLOS

18 Jun

...under UNCLOS that were at stake in the Swordfish case between the European Community and Chile. The fact that the European Union does not achieve the required result of the conservation of swordfish stocks would be sufficient to cause a breach, whether the failure is caused by its organs or agents or by its Member States. The WTO agreements may provide further examples of obligations of result that may be breached by the Union because of the conduct of its Member States. The emphasis on the conduct rather result indicates...
18.06.13 | |

08 Feb

...Nuremberg Principles Academy can be found here. Call for Papers ITLOS – Nippon Foundation Capacity Building and Training Programme 2020-2021: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2020 – March 2021, which will be held at ITLOS in Hamburg, Germany, is welcoming applicants until 3 April 2020. For more information see the flyer and website. If you would like to post an announcement on Opinio Juris, please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information....
08.02.20 | |

29 Jul

...the Fire Department.” But the US’s position seems difficult to justify in light of its support for Judge Xue. Indeed, there are a significant number of maritime cases at the ICJ and UNCLOS parties can actually direct their disputes to the ICJ instead of ITLOS. In fact, given its abundant case law on maritime delimitations, the ICJ has arguably made a greater contribution to the development of the law than ITLOS. But of course this is not the first nor the last foreign policy contradiction of this US administration. It...
29.07.20 | |

19 Dec

...based on specific treaties, such as boundary delimitation treaties, or broader treaties that set-forth rules for resolving disputes, such as the UN Convention on the Law of the Sea (UNCLOS). This does not deny that historical state practice can be a component in resolving a dispute. But there are standards for assessing such historical examples. As the Permanent Court of International Justice wrote in the Eastern Greenland case: a claim to sovereignty based not upon some particular act or title such as a treaty of cession but merely upon continued...
19.12.15 | |

30 Mar

...Hafner-Burton and David Victor discussed how the book helps to identify new areas of international law open to empirical research . Rachel Brewster asked whether a liability rule is always the best option to operate remedies under international law, and Steve Charnovitz disagreed with some of the book’s analysis of the WTO . The authors response to the comments can be found here . In other posts, Julian updated us on the appointment of a second arbitrator in the Philippines-China arbitration under UNCLOS , and James Hathaway’s guest post announced...
30.03.13 | |

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 | |