Search: UNCLOS
16 Oct The Final Frontier of Cyberspace: Ensuring that Submarine Data Cables are Able to Live Long and Prosper (Part I)
...attack under Article 51 of the UN Charter. Part two will explore how the laws of armed conflict (LOAC) and the laws of naval warfare (LoNW) will (or more possibly should) treat submarine data cables for the purposes of targeting in military operations. Wilful or Negligent Damage by Vessels While Article 2 of the 1884 Paris Convention for the Protection of Submarine Telegraph Cables (Paris Convention), and Article 113 of the UN Convention on the Law of the Sea (UNCLOS) create an obligation for a state to criminalise wilful or...23 May Game On, Again? Vietnam Planning to File Legal Action Against China Over South China Sea Dispute
...be to seek arbitration under Annex VII of UNCLOS, just as the Philippines has done. Of course, China would have the same defense and likely the same reaction to any Vietnam claim: that China’s Article 298 declaration excluding disputes over matters involving “sea boundary delimitations”or “involving historic bays or titles….” would exclude jurisdiction. Moreover, China might further argue that Article 298 also allows it exclude “disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to...01 Jun Do It Yourself Continental Shelf Delimitation
the continental shelf as opposed to the deep sea seabed (e.g., the boundaries to the West). Accordingly, all states have some interest in the delimitation, due to the exclusive rights of the coastal state over the declared continental shelf area (see Article 77 UNCLOS on the concept of exclusive rights). That is why the coastal state(s) cannot, under the regime of the UNCLOS, make the determination alone. UNCLOS establishes a compromise between the interests of the coastal state(s) and the interests of all other states. The fact that other zones...01 Sep Will the Law of the Sea Treaty Sink the U.S. Navy?
Jeremy Rabkin, a long time critic of contemporary international law and institutions, has a more detailed and persuasive attack on the U.N. Convention of the Law of the Sea in this week’s Weekly Standard than his previous joint op-ed with Jack Goldsmith some weeks back. As the U.S. Senate gears up for ratification hearings, Rabkin’s voice will no doubt be heard. His main objection is to UNCLOS’s dispute settlement provisions, which he believes will unduly threaten the U.S. Navy’s freedom on the seas to protect U.S. national interests. Here is...02 Jun President Obama Calls out the Senate on Treaties
...to fully articulate U.S. interests in treaty-making (let alone give a balanced overview of the arguments over UNCLOS). Thus, I think the more noteworthy thing here is the fact that the remarks are coming from the President himself. It’s one thing to call out the Senate on a specific treaty like the Disabilities Convention, but this slap is more systemic. President Obama has not had a good record when it comes to making treaties through the Article II Advice and Consent process. With the exception of the new START treaty,...17 Jun The Case of Enrica Lexie: Lotus Redux?
...flag-state or that of the nationality of the accused crew. UNCLOS Article 97 establishes that rule for incidents on the high seas (which this doesn’t seem to be) and even then only for cases of a collision or any other incident of navigation.” But, this was a shooting not a collision, and I don’t see the navigational incident argument either. Thus, I don’t think Article 97 limits prescriptive jurisdiction to the flag state — Italy — or that of the accused (also Italy). Nor do I think the SUA Convention...04 Nov Guest Post: Friction in the Cyprus EEZ: Analyzing Conflicting Claims under the Law of the Sea
Ian Henderson Dear Nikolaos, Thank you for the very interesting and informative post. Certainly a complex part of the world. Articles 19, 21, 40 and 54 of the UNCLOS make it clear that hydrographic surveys would require the permission of the coastal State(s) during innocent passage, transit passage and archipelagic sealanes passage. Can you please advise why the conduct of seismic surveys within the continental shelf and the EEZ of another State are contrary to international law? Is there a part of UNCLOS that I have overlooked or is it...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...05 Mar Cote D’Ivoire Seeks Provisional Measures Order from ITLOS To Stop Oil Exploration in Disputed Waters
...any oil exploration activities while the matter is before the ITLOS special chamber. Under UNCLOS Article 290, a court or tribunal with jurisdiction is empowered to issue provisional measures “which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending the final decision.” I haven’t been privy to the papers filed in this case, but it does seem like Cote D’Ivoire should have a pretty reasonable provisional measures claim. Indeed, the UK oil...