Search: UNCLOS
22 Dec Weekend Roundup: December 15-21. 2012
This week on Opinio Juris, Kristen Boon followed up on her discussion last week about changes towards more transparency and fairness in the UN’s Al Qaida sanctions regime. Craig Allen contributed a guest post on the ITLOS’ interim order for the release by Ghana of Argentina’s ARA Libertad. UNCLOS was also central to Duncan Hollis’ post on China’s submission to the Continental Shelf Commission in relation to the dispute regarding the Senkaku/Diaoyu islands. Peggy McGuinness congratulated Diane Amann, Leila Sadat and Patricia Sellers on their appointments as special advisor to...23 Sep Upcoming Events: September 23, 2012
...September 26-27, 2012 on the topic of “The Law and Practice of the International Criminal Court: Achievements, Impact and Challenges”. The conference will take place at the Peace Palace, The Hague, The Netherlands. More information and registration can be found here. The British Institute of International and Comparative Law (BIICL) and the Law Society of Northern Ireland will commemorate the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (“UNCLOS”) with a conference in Belfast, Ireland on November 22-23, 2012. More...03 Nov David Glazier on a New Piracy Decision, U.S. v. Hasan
...but my sense is that the district court opinion is intended to aid the Fourth Circuit in reaching what I think is the correct result in Said — that the treaty language is controlling. Since Somalia is a party to UNCLOS (as are 160 other nations), it hardly seems unfair to consider the pirates to have fair notice of its provisions, whereas it seems more of a stretch to consider them on notice of an 1820 decision of a foreign supreme court. Judge Davis’s opinion in Hasan is available here....
13 May The Prohibition of Abusing a Dominant Position as a General Principle of International Law: Russia’s Biggest Honeypot in Ukraine
...the same time it is forbidden under UNCLOS from hampering transit passage in any way and is by law required to give publicity to any danger to navigation. In its Wimbledon Case the PCIJ ruled that there was a general rule embodied in Art. 380 of the Treaty of Versailles granting full access to vessels of commerce and war to the Kiel Canal. As Germany is the only country that has control over this waterway it holds a dominant position. The same goes for the 1901 Hay-Pauncefote treaty on the...02 Jul Just When You Thought It Was Safe to Go Outside . . . Goldsmith and Rabkin on the Law of the Sea
...folks at the International Tribunal for the Law of the Sea in Hamburg — including Chinese and Russian judges! —, who (again, in theory) might “use a legal dispute to score points against American ‘unilateralism’ and ‘arrogance’ for a global audience keen to humble the United States” and find American anti-terrorism operations on the high seas inconsistent with UNCLOS. Sounds pretty unlikely to me, in the same way that the ICC was never going to haul US servicemembers into the dock, at least not anytime soon. Remember, ITLOS is a...