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Search: UNCLOS

10 Apr

Commentary on the Rules of the Tribunal, published in 2006 and contributed to by a number of ITLOS members, two views are presented: One, that there is no legal basis for Rule 138 since UNCLOS expressly confers advisory jurisdiction only on the Seabed Disputes Chamber, and the opposing view, that nothing in UNCLOS would preclude the ITLOS full court from exercising advisory jurisdiction. It seems highly unlikely that ITLOS would decline to exercise the advisory jurisdiction requested of it by the Sub Regional Fisheries Commission. In which case this will...
10.04.13 | |

01 May

...Around: How UNCLOS Ratification Will Herald Europe's Precautionary Principle as US Law. This article is intended to educate the American public about the complexity of the UNCLOS, especially its vast environmental component. It is also intended to prompt the American public to demand that Congress convene public hearings to investigate UNCLOS' environmental component. This article describes how US sovereignty and US individual constitutional rights can be subjugated to and overriden, under the right political circumstances, by foreign and international legal norms when US congressional representatives officials within the US Senate...
01.05.09 | |

17 Sep

BattleJAG Perhaps it was the juxtaposition of the UNCLOS and AUMF/Detention posts, but I see kindred arguments in favor of both. Although the U.S. Navy asserts that the navigational regime under UNCLOS reflects Customary International Law (CIL), nevertheless Iran (especially the prickly Iranian Revolutionary Guard Corps Navy) persists in harassing U.S. Navy ships engaged in transit passage through the Strait of Hormuz into the Arabian Gulf (perhaps to demonstrate Iran's persistent objection to U.S. assertions). Becoming a State Party to UNCLOS would put U.S. ships on a firmer footing under...
17.09.11 | |

13 Nov

Mariano Aznar When and how Argentina "has expressly waived its immunity defenses"? I haven't seen this... AGW Mariano, I understand that the terms of the Argentinian bonds included an unconditional waiver - see Julian's earlier post: https://opiniojuris.org/2012/10/15/dont-cry-for-the-worlds-greatest-sovereign-deadbeat/ Phu Nguyen ITLOS has just spread the news on the new case http://www.itlos.org/index.php?id=222&L=0. As the Argentine's application is not yet published, it's curious to see how the Argentine invokes the UNCLOS. Alejandro Turyn Here there is a quick response directly from the law and from the Press Release: "Argentina emphasizes that the ARA...
13.11.12 | |

27 Oct

...am not an expert on maritime law, can anyone here at OJ (or other commenters) explain what these "difficulties" might be, specifically what the UNCLOS says about the use of force on the high seas? Jennifer Nathan -- Art. 107 of UNCLOS permits seizures of pirates and pirated vessels on the high seas by "warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect." However, that only applies on the high seas, not in Somali territorial seas....
27.10.08 | |

09 Feb

...of law. Do we want to manage this problem through what some would call the extra-legal processes of the UN Security Council? Perhaps we should be looking to restructure the UNCLOS and create a workable legal regime governing piracy. I do agree with you regarding your last comment and suggest that it is already true, at least in part. It seems to me that the war criminals of the world do have very little to fear if they are not captured by their enemy and their actions are not part...
09.02.09 | |

01 Jul

Eugene Kontorovich Sounds unbelievable to me. Russian plutocrats don't have to go so far to find people to kill, or expose themselves to such risk. Someone is probably just trying to raise attention for their cruse businesses. If it were true, it would be illegal, unless it is self-defense; and "pirate hunting" doesn't sound like self-defense. UNCLOS Art. 107 provides only warships can seize pirates; one could extrapolate that that would be true of killing them too. Indeed, what the alleged pirate hunters are doing meets the definition of piracy!...
01.07.09 | |

27 Oct

FIFTH-COLUMN Well well well. Nice work. Prof Ku suggested the US might have chosen to downplay this incident by treating the U.S. naval visit as an “innocent passage” through China’s territorial seas. Thanks God that the US doesn't do this. Otherwise, the US would tacitly recognise China's " “indisputable sovereignty”. FIFTH-COLUMN How come, as the USS Lassen has yesterday sailed through the 12-nautical miles claimed by China, it has violated Chinese law when China’s position is not consistent with the United Nations Convention of the Law of the Sea (UNCLOS)...
27.10.15 | |

14 Jul

...and Ohio State Law. There is a nice 2008 profile of him in the UW alum magazine here. The following is a personal note from Professor Song: We both are students of the New Haven School for the legal studies, where I met Professor Myres S. McDougal when attending the annual policy science meeting held at Yale Law School. His book entitled THE NEW INTERNATIONAL LAW OF FISHERIES: UNCLOS 1982 AND BEYOND (Oxford: Clarendon Press, 1994) is one of the most authoritative textbooks for students who are interested in studying...
14.07.14 | |

16 Jun

...has nothing to gain from accession since the most of the Convention reflects customary international law; James Kraska argued that UNCLOS is a force multiplier for American power; and John Noyes defended the Convention’s regimes on fisheries, oil and gas, and seabed minerals, as promoting US interests. On the second day of our debate, introduced here by Julian, Jeremy Rabkin cautioned against accession because of the risk that compulsory arbitration might interpret treaty rules in ways contrary to US interests. Steven Groves partially agreed with the arguments in favor of...
16.06.12 | |

21 Jul

This week on Opinio Juris, Julian Ku discussed how the announcement by two US Senators of their position against ratification of the UNCLOS, has effectively sunk ratification for this year, and argued that the next administration should seek out bilateral agreements to protect commercial exploitation of the seabed on the high seas. Deborah Pearlstein argued why the US, even if it is not at war with Yemen, is at war in Yemen, and discussed the legal consequences thereof. Kevin Jon Heller gave four reasons why the ICC should not get...
21.07.12 | |

25 May

...In other posts, Kevin posted a must-see link to a report visualizing international criminal justice and recommended an article by one of his students on the Kapo trials . We also revisited our discussion of Samantar, with Ingrid Wuerth’s guest post on foreign official immunity, and of the Philippines-China UNCLOS arbitration, with a post by Julian who wasn’t convinced by Professor Stefan Talmon’s argument that all of the Philippines’ claims against China fall outside of the tribunal’s jurisdiction. Julian also asked whether we should care about the upcoming hearings by...
25.05.13 | |