Search: UNCLOS

...ICJ’s decision may lead the court astray in the future, especially when 2016 Nicaragua v. Colombia is waiting on the docket. Rethinking the Jurisdiction Obstacle Since the International Tribunal for the Law of the Sea (the ‘ITLOS’) took a lead in Bangladesh v. Myanmar, it now seems undisputed that the CLCS’s recommendation concerning delineation under Art. 76 of the UN Convention on the Law of the Sea (the ‘UNCLOS’) does not preclude international courts and tribunals from establishing jurisdiction and admissibility concerning delimitation under Art. 83 of the UNCLOS. As...

...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...

to see if this is a position that the McCain-Palin ticket will embrace. Assuming that they will not backtrack on Governor Palin’s strong support of UNCLOS (and, given Sen. McCain’s Navy background and the Navy’s support of UNCLOS, I hope he would support it as well), this is further evidence that ratification of the Law of the Sea Convention is gaining momentum. [UPDATE #2: This post over at the Washington Note focuses on John McCain’s flip-flopping on UNCLOS and even includes an image capture of the questionairre he answered for...

considered to be permissive rather than mandatory, so I don't see this as fairly construed to prohibit another state from exercising this authority. The U.S. captured a group of pirates in this region back in 2006 and transferred them to Kenya for trial and I'm unaware of any nation objecting to Kenyan jurisdiction. Eugene Kontorovich While the US has not ratified UNCLOS III, it is a party to the 1956 UNCLOS I, which contains an identical provision, so it is certainly bound. I agree that "may" is permissive in regard...

the 1982 Law of the Sea Convention — lays out a comprehensive set of rules governing ocean issues, including protection of marine environments. All Arctic nations except the U.S. have signed. “If this were a ball game,” one Coast Guard admiral told me, “the U.S. wouldn’t be on the field or even in the stadium.” This seems right to me, and is a compelling reason for joining UNCLOS that may overcome objections in the U.S. Senate. Having said that, if the U.S. does not join UNCLOS, it is of course...

Regarding China's right to the islands within its EEZ, they are not doing anything illegal under UNCLOS. Although the dispute is real, the island building conforms to UNCLOS. China is within the limits of the 200 Nautical Mile EEZ. China-- to be clear-- is abiding by the rules it signed when ratifying UNCLOS-- what the Philippines is doing is applying a narrow reading of only the 12-nautical mile baseline, excluding an entire Chapter of UNCLOS on the EEZ which Article 46 1(b) gives China the right to the "establishment and...

...in lesser-known foreign affairs issues. Still, I value these hearings not simply because they give a sense of what the nominee will be like as Secretary, but also for the signals the hearings send about what topics are on the rise in terms of priority and attention for both the State Department and the SFRC. To that end, I was interested to see what treaties came up during Tuesday’s hearing. Three in particular caught my attention: (1) START extension talks; (2) the CTBT; and (3) UNCLOS. Newly-minted SFRC chair John...

...accelerating global warming, which is a key driver of climate change (2021 IPCC Report,  p. v & 6).  The oceans serve as a “fundamental climate regulator” (2019 IPCC Report,  p. 78). Interfering with this key climate regulator can further degrade the global climate system. Therefore, it is not surprising that ITLOS AO affirmed that the 169 States party to the United Nations Convention on the Law of the Sea (UNCLOS) have “specific obligations to take all necessary measures to prevent, reduce and control marine pollution from anthropogenic GHG emissions and...

and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes. The most logical reading of this language here is that the legal issue between Ghana and Argentina: is there immunity for the warship? — is not a UNCLOS question. And nothing in Argentina’s request for provisional measures makes me think that it is should be thought of as a UNCLOS question. As Professor Happold notes: Subsection A of Section 3 of Part II of UNCLOs deals with...

It’s official. US ratification of UNCLOS is dead (at least for this year). And, perhaps more significantly, the treaty was sunk by two senators, Robert Portman and Kelly Ayotte, both of whom appear to be on Republican nominee Mitt Romney’s vice-presidential short list. Their announcements, in a letter to Senate Majority Leader Harry Reid, brings the number of announced U.S. Senators opposing US ratification to 34. This effectively kills UNCLOS for this Congress. The joint letter by Senators Portman and Ayotte cites most of the same objections set forth ably...

...China will do now. It seems likely that they will continue to ignore the arbitration and question its propriety. But China can no longer claim that the arbitration cannot proceed without China’s participation. This article from the reliably hawkish state-owned Global Times offers a pretty clear-eyed analysis, correctly noting that UNCLOS itself grants the ITLOS arbitral tribunal the power to determine its own jurisdiction, and that UNCLOS also specifies the procedure for appointing arbitrators. It also notes that China’s position is going to be somewhat more difficult, and that the...

...hard to argue that Israel committed piracy but since neither Israel nor Turkey are members to UNCLOS, maybe it would be useful to look into customary law a little more before closing the debate. Though I would be surprised if the answer was Israel committed piracy. My guess is UNCLOS reflects CIL on this regard... Ali Julian The piracy issue, as put forth in your post, is a diversion and a side show. So I am not going to even write about it. The Israeli propaganda on this case, which...