Search: UNCLOS

...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...

At the start of the US academic year, Peggy welcomed Stephen Walt’s recommendation, though not his reasons, that wannabe foreign policy wonks study international law, and Roger Alford posted about James Phillips and John Yoo’s analysis of international and comparative law all-stars at the top 16 US law schools. The Republican and Democratic conventions also caught our bloggers’ attention. Julian Ku posted about the strong language in the draft republican platform on protecting American sovereignty and opposing agreements such as UNCLOS, and Peter Spiro doubted whether the idea of citizenship,...

...of the ICCPR, and admissibility of the case seems to be misplaced. Whilst the duty to rescue reflects a duty to protect life at sea, there is a difference between law of the sea obligations and obligations emanating from human rights law. The duty to rescue under 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other treaties such as SAR Convention and the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) is a law of the sea obligation, requiring no nexus of...

...the Sea that took place on Wednesday, but reportedly ended in a decision to postpone the vote until after the November elections. UNCLOS was also the theme of Peter Spiro’s post on the use of the term “sovereignty” by the American Sovereignty Campaign advocating ratification. Peter Spiro also discussed how non-state actors are increasing their influence in international organizations, including formally intergovernmental ones such as the WTO and the ITU. As every week, we also provided a list of upcoming events and the weekday news wrap. Have a nice weekend!...

...would constitute such relevant materials) and, more importantly still perhaps: it would lead to all sorts of difficult negotiations on what exactly the record should reflect. Imagine the sort of record created if the UNCLOS travaux would have been thought to be decisive for future interpretations; the process would in all likelihood have taken twice as long. Still, any lawyer worth her salt will consult whatever record is available. The main function served by the Vienna Convention’s rules, then, is as something of a battlefield: the continuation of politics by...

...Law of the Sea (UNCLOS) to draft new rules that take into account pre-existing sovereign claims prior to the loss of territory, to the idea of a non-territorial or ex situ state: It would be made up of citizens scattered around the globe and headed by a government that would manage common resources, such as maritime resources and compensation funds; provide consular protection; maintain cultural ties and identity; and even keep alive the possibility of reunification in a new location. However, as a law professor who writes about problems if...

...temporary tariff on Chinese exports to collect exactly that much revenue while the sovereignty claims are being adjudicated, and then distribute them once the matter is settled before the International Court of Justice. Whaaaahhht? In this one sentence, the authors propose that an arbitral tribunal convened under UNCLOS issue an award granting money damages to the Philippines. This is somewhat unlikely, but it is theoretically possible. But who exactly is going to place a “temporary tariff on Chinese exports”? The United States? A country that is not party to the...

...an egregious example of the flouting of international law treaty obligations as well as customary law. As an example, Article 98 of UNCLOS provides the obligation to rescue persons in distress and to provide search and rescue facilities. The latest case is that of German boat captain Pia Klemp, who is being prosecuted by the Italian authorities for rescuing migrants in the Mediterranean. Klemp’s boat, Sea-Watch 3 has been the subject of interim measures of protection by the European Court of Human Rights, in relation to the fate of 47 migrants...

...of a garment factory in Bangladesh, which Roger hoped would provide an incentive to sign up to agreements, such as the Bangladesh Fire and Building Safety Agreement, that include a binding arbitration clause to ensure better protection of human rights. In news from international courts, Julian updated us on the appointment of the final arbitrators for the UNCLOS arbitration lodged by the Philippines against China, and assessed China’s “talking points” on the case. He also urged the Supreme Court to follow the ICJ’s lead and release video recordings of oral...

...provide maritime situational awareness and protect vessels against multi-domain attacks at sea. It should remain defensive in nature. Forces deployed for the operation should act in compliance with applicable international law, including customary international law, including self-defence where conditions are met, to defend against an imminent or ongoing attack on their own, or third-party, vessels. The operation should act in full compliance with UNCLOS. emphasis added This decision indicates the growing practical importance of issues relating to the use of force against threats below the threshold of an armed attack. ...

...to strengthen domestic criminal laws, and of course, to the overarching legal framework created by UNCLOS and SUA. This preambular paragraph from Resolution 2020 illustrates the Security Council’s legalistic approach: “Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from such attacks and reiterating its concern over a large number of persons suspected of piracy having to be...

This fortnight on Opinio Juris, Julian shared his impressions of the Asian Society of International Law Biennial Meeting in New Delhi, and summarized his unofficial notes on Judge Xue Hanqin’s personal comments regarding China’s non-participation in the UNCLOS arbitration started by the Philippines. Peter, meanwhile, was at the 2013 Emma Lazarus Lecture and found much to agree with in Jagdish Baghwati’s proposals for state, as opposed to federal, powers in immigration reform. Peter later alerted us to Somalia’s ratification of the Children’s Rights Convention. This of course leaves the US...