Search: UNCLOS
09 Aug Ninth Circuit Rules in Sarei v. Rio Tinto
...of villages, rape and pillage.” The U.S. State Department filed a statement of interest opposing the litigation. By a 2-1 majority, the Ninth Circuit ruled, among other things, that (1) all of the plaintiffs’ claims, with the exception of the UNCLOS claim, assert jus cogens violations that are actionable under Sosa; (2) the UNCLOS claim, while not jus cogens, can provide the basis of an actionable ATCA claim given the widespread ratification of that treaty; (3) corporations can be vicariously liable for violations of jus cogens norms; (4) the State...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...21 Sep Law of the Sea Arbitral Tribunal Rules in Favor of Guyana Over Suriname
...Annex VII of the UNCLOS. ITLOS can appoint members in case of a deadlock, but I don’t know if that happened here. In fact, ITLOS is a largely dormant institution (15 cases so far, in its entire 13 year history). The U.S., for instance, has opted out of the ITLOS for almost all disputes (assuming it eventually ratifies UNCLOS) in favor of the Annex VII arbitral process. This proceeding wasn’t even held at ITLOS’s chambers in Hamburg. Instead, it was administered by the Permanent Court of Arbitration situated (where else?)...15 Dec China Launches Op-Ed Rebuttal to Philippines’ Arbitration Case
The UNCLOS Arbitral Tribunal formed to consider the dispute between the Philippines and China gave China until January 1 to file a response to the arguments made by the Philippines at its most recent merits hearing. China had not showed up at any of the hearings, nor has it submitted any official written arguments to the Tribunal. I don’t know if China will file any submissions (don’t hold your breath), but its state-run flagship The People’s Daily has launched an op-ed fusillade this week attacking the Philippines. Perhaps, this is...15 Oct China’s Definition of the “Peaceful Settlement of International Disputes” Leaves Out International Adjudication
...of state non-consent and lack of jurisdiction, I think it is unlikely to climb down from this position and accept the legitimacy of the UNCLOS arbitration. Which is why I find it hard to accept the theory put forth by the Philippines lead U.S. counsel, Paul Reichler, as to why China will ultimately accept the arbitral tribunal award in that dispute. In an interview in the WSJ, Reichler relies on the reputational damage China will suffer if it defies the arbitral tribunal and the advantages China would get out of...02 Sep Upcoming Events: September 2, 2012
...and Comparative Law, in conjunction with the Law Society of Northern Ireland, presents UNCLOS at 30, commemorating the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (“UNCLOS”), November 22-23, 2012 in Belfast, Ireland. Additionally, the British Institute of International and Comparative Law has announced the 13th Annual WTO Conference May 15-16, 2013 in London. Last week’s announcements can be found here. If you are organizing a conference or other event and would like to see the call for papers or...01 Oct Book Symposium Investment Law: A reply to Prof. Tullio Treves’ comments
...Let us also not forget that denunciations are only effective for the future, and that all claims arising before the denunciation of the ICSID Convention and of corresponding BITs are still in theory arbitrable. Finally, we thank Prof. Treves for his suggestion to examine the extent to which the ‘prompt release’ procedure under Art. 292 of UNCLOS could be mirrored in international investment law. This sort of mechanism indeed would have several advantages such as, as mentioned by Prof. Treves, bringing the home state back in the picture. This would...12 Jan Events and Announcements: 12 January 2025
To have your event or announcement featured in next week’s post, please send a link and a brief description (1-2 paragraphs) to ojeventsandannouncements@gmail.com. Call for Applications ITLOS – Nippon Foundation Capacity Building and Training Programme 2025-2026: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2025 – March 2026, to be held at ITLOS (Hamburg, Germany), is welcoming applications until 6 March 2025. The programme is aimed at junior or mid-level government officials and researchers mainly from developing countries who are currently working on issues related to the law of the...