Search: UNCLOS
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...04 Jan East China Sea dispute: what is the Role of International Law?
...Last week, Korea made a partial submission to the Commission seeking to identify the outer limits of Korea’s continental shelf, which, unsurprisingly, overlap with China’s claim. The map here is illustrative. Moreover, in a note dated December 28, 2012, Japan asked the Commission not to consider China’s submission because the distance between the coasts in the area covered by the submission is less than 400 nautical miles, and pursuant to UNCLOS Article 83, the delimitation must be effected by agreement of the parties. As a result, Japan is maintaining its...04 Nov U.S. Treaty Practice Does Not Have to Be a Zero-Sum Game!
...to have garnered media attention in recent weeks. U.S. Secretary of State Kerry’s signature of the U.N. Arms Trade Treaty promoted a rather furious domestic back-lash about whether the United States should join that treaty (At present, it sure looks like there’s easily enough Senate votes to oppose it). And, that’s not to mention the 1982 U.N. Convention on the Law of the Sea (UNCLOS). It continues to be supported by a large majority of business and national security interests but remains stymied by Senate opposition from a very vocal...18 Sep Article II Treaty-Making: Alive and Well?
...3 multilateral counter-terrorism treaties (the Convention on the Suppression of Acts of Nuclear Terrorism, two SUA Protocols); Amendments to the Convention on Physical Protection of Nuclear Materials; 2 Amendments to the ITU’s Radio Regulations; and, of course, UNCLOS, along with the Agreement to fix Part XI I doubt that all 78 pending treaties will get advice and consent in the remaining few months of the 110th Congress (indeed, UNCLOS and the accompanying Part XI Agreement are quite unlikely to do so). But, I will bet that a substantial majority do...