Search: UNCLOS
27 Sep Egoism on the High Seas
...A history of egoism This negotiation has been shaped by an older debate. The Third UN Conference on the Law of the Sea took place against the backdrop of a broader attempt to construct a New International Economic Order. Significant parts of the treaty that was the outcome of that conference – the 1982 United Nations Convention on the Law of the Sea (UNCLOS) – reflected this, in particular Part XI, the seabed regime. Resources mined in seabed areas beyond national jurisdiction were the ‘Common Heritage of Mankind’, and profits...
27 Aug India at the UNSC: Will the Country be Able to Leave its Footprints?
...the Law of the Sea (UNCLOS) being accepted by the UNSC as the legal framework applicable to ocean endeavours, including countering illicit activities at sea. It was emphasised that international disputes should be determined peacefully and in accordance with international law, as was done by India in its maritime boundary dispute with Bangladesh. This reaffirmed the primacy of international law, which was adopted and endorsed by member states of the UNSC. The primacy of international law augments in what India’s External Affairs Minister S Jaishanakar said earlier, this month, that...25 Sep ITLOS Turns 10 – A Cause for Celebration?
...the rules governing the international trading system. Greater agreement over the scope and application of a normative regime would suggest fewer disputes, and fewer underlying disputes could explain the paucity of dispute settlement cases before ITLOS. Or, perhaps the reason is structural. UNCLOS Art. 287 gives state parties three choices for resolving their ocean law disputes – (1) ITLOS; (2) the ICJ; or (3) various types of arbitral tribunals constituted in accordance with UNCLOS Annexes VII or VIII. Thus, unlike the WTO’s compulsory panel/appellate body system, ITLOS faces real competition...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: “Ruthlessness Is Mercy Upon Ourselves”? Odysseus’ War Crimes in EPIC: The Musical
...UNCLOS is especially relevant here, as it states that acts of piracy committed by a warship – whose crew has mutinied and taken control – are to be treated as piracy carried out by a private vessel. By taking control of Odysseus’ ship, Eurylochus and his followers secede from the official army of Ithaca and engage in acts of piracy. Their actions – attacking, stabbing, and detaining Odysseus – fit the “illegal violence” criterion of piracy under UNCLOS. After being stabbed unconscious, Odysseus awakens in chains on the island of...31 Jan Events and Announcements: 31 January 2022
...Failures on UNCLOS” on 1 February, at 17:00 GMT / 18:00 CET. This is the inaugural seminar in Volterra Fietta’s seminar series to commemorate the 40th anniversary of the United Nations Convention on the Law of the Sea (UNCLOS). The distinguished panel of speakers will be: Malcolm Evans, Professor of public international law at the University of Bristol; Nilüfer Oral, Director of the Centre for International Law at the National University of Singapore and an elected member of the International Law Commission; Alex G. Oude Elferink, Director of the Netherlands...23 Feb Weekend Roundup: February 16-22, 2013
not to walk down the arbitration path meant for UNCLOS arbitration involving major powers and for the discussion on UNCLOS ratification in the US. When the Philippines’ government decided to continue with the arbitration anyway, Julian didn’t consider this to be a futile exercise, or at least not any more futile than when China had decided to participate. Kevin didn’t share Julian Assange’s optimism that a successful run in the upcoming Australian elections would lead the US to have to drop charges against him. As our regular readers will remember,...21 Feb Is the Philippines Arbitration Claim Against China “Bizarre” and “Futile”?
As this Voice of America report notes, the Philippine government is determined to forge ahead with its UNCLOS arbitration, even though China is refusing to participate in the arbitration. This seems to be a sensible strategy, at least from a legal point of view, because it is plainly within its legal rights to do so. But would a one-party arbitration be futile? The VOA quotes Prof. Myron Nordquist of UVA on this point: But how would one-party arbitration work, exactly? Professor Myron Nordquist of the Center for Oceans Law and...