Search: UNCLOS
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...
03 Jun Akhmad, et.al v Bumble Bee Foods: Corporate Accountability for Forced Labour in High Seas Fisheries – Preliminary Observations
...to the WCPFC Record of Fishing Vessels, all three fishing vessels were flagged to China, owned by Chinese companies, and commanded by Chinese nationals. Because the abuse occurred on the high seas, where no state exercises sovereignty, China as flag state holds exclusive enforcement jurisdiction over those vessels under Article 92(1) of UNCLOS. It also means that China holds the primary jurisdiction to investigate and prosecute the alleged forced labour on board, and bears the primary duty to protect the human rights of everyone aboard those vessels. However, no visible...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...