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Search: UNCLOS

23 Sep

...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...
23.09.12 | |

03 Nov

...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....
03.11.10 | |

13 May

...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...
13.05.22 | |

02 Jul

...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...
02.07.07 | |

14 Jul

...the United Nations Convention on the Law of the Sea (UNCLOS), the “constitution for the oceans” (T.T.B. Koh), was adopted more than 40 years ago. Is it more resilient in the face of today’s crises compared to other bodies of international law? Or does this body of law require further adaptability and contingent action? In an effort to address this question and in light of these dynamic developments, the UNYB issues a special call for papers providing contributors with a thematic forum to critically assess the law of the sea...
14.07.24 | |

03 Nov

I know next to nothing about UNCLOS, but I will still amused by one the reasons the Wall Street Journal invokes today against ratifying it — customary international law: The best arguments for the treaty come from the U.S. Navy, which likes how it creates a legal framework for navigational rights. The oil and gas industry approves of provisions that create an “exclusive economic zone” for the U.S. out to 200 miles. There’s also the potential for development (with clear legal title) of resources in the deep seabed, which would...
03.11.07 | |

24 Aug

...an international convention to ensure cooperation in the domestic prosecution of international crimes. HJ van der Merwe discussed the transformative influence of international criminal law on domestic law, and looked at the South African experience post-Apartheid. Apartheid South Africa was also central to the first ATS decision post-Kiobel, discussed by Julian, in which the Second Circuit rejected the plaintiffs’ argument. Julian further wrote about the Faroe Islands’ decision to start an UNCLOS arbitration against the EU over the latter’s decision to impose sanctions after the Faroe Islands unilaterally increased herring...
24.08.13 | |

21 May

...the START treaty currently being renegotiated or the older SALT treaties or many SOFAs that exist today. And then there are competing acronyms; the earlier reference to UNCLOS has little appeal to its opponents, who prefer to refer to that treaty as LOST. So what are my FILAs? Actually, I tend to appreciate acronyms that suggest a drafting committee had a sense of humor about their project. I’m pretty sure, for example, that in devising a POPRC, the treaty-makers were not merely creating a very interesting example of international delegation,...
21.05.09 | |

15 Nov

...with national sovereignty. America must either remain a constitutional republic or submit to international law, because it cannot do both. The Constitution is the supreme law of the land, and the conflict between adhering to the rule of law and obeying globalist planners is now staring us in the face.” I don’t agree, but I do like the name “globalist planners,” and I plan to steal it when I start my international consulting firm. Have candidates taken positions on other major treaties, like CEDAW, Kyoto, UNCLOS, land mines? Change in...
15.11.07 | |

11 Apr

...a document provided by a local politician. Oceania East Timor has called in the United Nations (UNCLOS) to help resolve its bitter dispute with Australia over a permanent sea border in the oil-rich Timor Sea. New Zealand’s government on Monday said it would begin a review of its foreign trust laws after leaked documents from a Panamanian law firm highlighted vulnerabilities in its legal framework that made it a possible link in international tax avoidance structures. UN/World Global warming is shifting the way the Earth wobbles on its polar axis,...
11.04.16 | |

21 Apr

...in Cyberspace. Julian Ku posted about the new evidence in the Center for Constitutional Rights’ International Criminal Court complaint against the Catholic Church, and was amazed by recent poll figures suggesting that Britons hold a negative view of the European Convention on Human Rights. He also discussed that the Philippines are unlikely to get China to ITLOS over the South China Sea dispute because China frames its claims as territorial sovereignty rather than as an issue of the boundaries of a state’s EEZ under UNCLOS. Kevin Heller discussed a BBC...
21.04.12 | |

27 Oct

...that Crawford originally said the UNGA “adopted” the ASR before correcting himself to indicate the UNGA had only taken note of them). At the same time, he emphasized that the ASR emerged in, and existed within, a system very much focused on the idea of unitary states. As for anyone else getting responsibility under international law, he argued that they do so by analogy to states and, even then, largely on a case-by-case basis (e.g., EC membership in UNCLOS or the WTO). Crawford explained that he didn’t see a real...
27.10.06 | |