Search: UNCLOS
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...29 May Law of the Sea Symposium: Tim Stephens Comments on Yoshinobu Takei’s post
...international fisheries law, built upon the foundations provided by the UN Convention on the Law of the Sea (UNCLOS). UNCLOS sought to deal with the tragedy of the commons primarily by arrogating to coastal states large swathes of ocean space within the EEZ. That left the problem of shared, straddling, migratory, and high seas fisheries. None of these have received the same regulatory attention until relatively recently, and since the UN Fish Stocks Agreement was adopted in 1995 there has been many initiatives to strengthen the hand of responsible states...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?)...11 Jul 2012 U.S. Digest on International Law Now Available
Today, the U.S. Department of State released the 2012 edition of its Digest of U.S. practice in international law (for a brief history of these Digests see the accompanying press release here). Under the editorship of CarrieLyn D. Guymon, the Digest addresses a number of key international legal developments from 2012, including the U.S. response to the crisis in Syria and the (failed) attempt to get Senate Advice and Consent to the Disabilities Convention and UNCLOS among other treaty action. In addition, there was plenty of activity on the litigation...
14 Jan War on Drugs at Sea: Lethal Interdiction, IHRL, and the “No Survivors”
...the relevant regime is international human rights law, complemented by the law of the sea, in which intentional lethal force is exceptional and tightly constrained, and distress at sea pulls strongly toward rescue and criminal process, including the duty to render assistance reflected in the United Nations Convention on the Law of the Sea (UNCLOS). If, by contrast, an International Humanitarian Law (IHL) framework is established, the analysis shifts to the conduct of hostilities rules. Law Applicable A State can describe an operation as a “war” and still lack an...
22 Jul Space Law at the Crossroads: Contextualizing the Artemis Accords and the Space Resources Executive Order
...perfunctory commitments such as “capacity-building”, “technical support” and “information sharing”, the UN Law of the Sea Convention (UNCLOS) and the MA being major exceptions. The concept of CHM that forms the basis of benefit-sharing in these two instruments, however, has fallen out of favour. This is evident from the reluctance of major space-faring nations to ratify the MA, and more recently, from the departure of negotiations for an implementing agreement concerning the conservation of Biodiversity in areas Beyond National Jurisdiction (BBNJ) from a fully CHM-based model to a narrower “benefit...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...
10 Nov Security Challenges in the Black Sea: Military Exercise or a Navy Blockade? Analysis of the Russian Navy Activities in Bulgaria’s Exclusive Economic Zone in the Black Sea
...blockade, which was considered nearly extinct, has been resurrected as a crucial element in Russia’s strategy against Ukraine. The exercise of the “visit and search” right by Russia further complicates the situation, posing a threat for NATO members in the region like Bulgaria, Romania and Türkiye. According to Article 57 of the United Nations Convention of the Law of the Sea (UNCLOS), merchant ships passing through the exclusive economic zones shall not extend beyond 200 nautical miles, or otherwise will find themselves in a dangerous position. This is because as...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...