Search: UNCLOS
01 Jul A Pirate-Hunting Vacation?
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 May Souter’s Departure and an Internationalist Court
...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...27 Oct China’s Weak Legal Basis for Criticizing the US Navy’s Freedom of Navigation Operations in the South China Sea
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)...14 Jul R.I.P., Professor William T. Burke, Leading Law of the Sea and International Fisheries Scholar
...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...16 Jun Weekend Roundup: June 9 – 15, 2012
...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...21 Jul Weekend Roundup: July 14-20, 2012
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...25 May Weekend Roundup: May 18-24, 2013
...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...