Search: UNCLOS
03 Apr So How is China Reacting to the Philippines Arbitration Submission? Not Very Well
ancient times. The essay then takes direct aim at the use of the arbitration mechanism here. The Philippines has gone out of its way to try to drag China into the arbitration process. Taking advantage of the deficiencies of relevant UNCLOS mechanisms, it has tried to manipulate the composition of the Arbitral Tribunal and the Rules of Procedure in an attempt to make things difficult for China. By unilaterally filing an international arbitration on the South China Sea disputes, the Philippines has not only violated international law including UNCLOS, but...02 Jun Events and Announcements: 1 June 2020
...seabed mining and the prompt release of vessels. In this, the dispute settlement procedure is an integral part of UNCLOS and its outcomes shape the law of the sea. And with maritime disputes on the rise, the UNCLOS dispute resolution system is likely to take on an even more prominent role in the near future. This timely seminar will address various aspects of the UNCLOS dispute resolution system. It will discuss, among other topics, creativity in such dispute settlement, clarification of the law of the sea through dispute settlement, influencing...16 May Why the Law of the Sea Treaty (Annex VI, Art. 39) is Unconstitutional
politics? (Apparently not as much as Kevin, for instance) Still, it is worth asking: are there any serious legal concerns to the ratification of UNCLOS? In general, I, like Duncan, don’t see anything particularly problematic about UNCLOS, especially since the U.S. already accepts most of UNCLOS as customary law. But I believe this provision, Art. 39 of Annex VI, does raise a real potential constitutional issue. This provision refers to the effect of decisions of the Seabed Disputes Chamber, a portion of the International Tribunal for the Law of the...10 Jun I’d Like to Be Under the South China Sea in a Crewed Deep Sea Platform in the Shade
...undersea platform may become part of China’s political argument for its sovereignty claims, it does nothing to support the legal argument. Under the UN Convention on the Law of the Sea (UNCLOS), this undersea platform would probably be treated as an “artificial island,” like an oil rig. At the time that UNCLOS was being drafted, large undersea bases were more the province of James Bond movies than treaty negotiations, so the closest analogy in the text is what would likely be applied in this case. (For a discussion on sea...09 Aug Emerging Voices: Piracy vs. Core Crimes–Assessing the Consequences of the Juxtaposition between Transnational and International Crimes
...misleading. Piracy is not directly criminalised under international law: customary law and the UNCLOS regime neither provide for individual criminal responsibility for piratical acts nor proscribe the piratical conduct. Article 101 of the UNCLOS merely defines the offence. Notwithstanding the fact that national courts may directly apply the UNCLOS definition when constitutional arrangements allow so, piracy generally needs to be criminalised domestically in order to be adjudicated upon by national courts. The UNCLOS primarily sets out an obligation for states to adopt the necessary national criminal law establishing individual criminal...25 Nov ITLOS Orders Russia to Release ARCTIC SUNRISE and its Greenpeace Protestors
...the dispute and that Russia would therefore not participate in the proceedings. Nevertheless, on November 6th, ITLOS held a public hearing at its Hamburg chambers (without Russia) and issued its order on November 22nd. Before reaching its decision, the tribunal had to address several preliminary issues. The first concerned jurisdiction under UNCLOS. A threshold issue in the tribunal’s jurisdiction analysis was a 1997 declaration by Russia when it ratified UNCLOS in which it stated that it would not accept the convention’s compulsory settlement procedures for “disputes concerning law-enforcement activities in...
22 Jul The Enrica Lexie Award – Some Thoughts on “Incidental” Jurisdiction (Part I)
jurisdiction. Italy’s claim of immunity for the marines was based ultimately, not on any provision of the UNCLOS, but on alleged customary international law. I say “ultimately” because Italy did refer to UNCLOS Articles 2(3), 56(2), 58(2), 95, 96 and 297(1), in support of immunity, but those arguments were summarily rejected by the Tribunal, leaving the question of immunity to be decided with reference to international law outside UNCLOS (Award, paras. 797-802). This claim was the focus of two different jurisdictional objections by India. Under Article 288(1) of the UNCLOS,...
23 Apr The Law of the Sea and Disruptive Protests Against Deep Seabed Mining: The MV Coco Events
...critical issues in the realm of Dutch and Danish domestic legal orders, including their interactions with the European human rights system, or the competence of the ISA and its organs. Protest as Comprised in the Freedom of the High Seas: A Negative Right It is important to remark from the outset that we are dealing with protest as provided by the freedom of the high seas, not as a human right. Article 87(1) of the UN Convention on the Law of the Sea (“UNCLOS”) provides for the “freedom of the...09 Nov Ghana v. Côte d’Ivoire: Unilateral Oil Activities in Disputed Marine Areas
...not indicate that such ongoing activities did not violate the obligation under Article 83(3) of UNCLOS. It is a pity that the Special Chamber missed the opportunity to further address the compliance of Ghana’s unilateral oil activities in the disputed marine area with Article 83(3) of UNCLOS. Côte d’Ivoire had requested the Special Chamber to declare that unilateral activities undertaken by Ghana after the issuance of the provisional measures “in the Ivorian maritime area” constituted a violation of the obligation not to jeopardize or hamper the reaching of the final...