Search: UNCLOS
25 May Reclaiming “Sovereignty” (the Word) and Wrapping LOST in the Flag
...the need for action is greater than it has ever been in order to protect and expand America’s sovereignty and national and economic security. And from that ad (quoting John Negroponte): With ratification, America would secure international recognition of the greatest expansion of resource sovereignty in its history, gaining exclusive access to resources in a region larger than the area of the Louisiana Purchase and Alaska combined. So UNCLOS is pro-sovereignty because it literally (littorally) and legally recognizes US jurisidiction over huge swathes of the ocean. You have to admire...05 May Guest Post: The Mediterranean Migrants Crisis and the Use of Force–Is There a Case for Destroying Smugglers’ Boats?
...that international humanitarian law applies, smugglers’ boats would be entitled to protection as civilian objects. The smugglers’ activities should not qualify as ‘piracy’ under the UNCLOS Article 101. That would in any case only make them liable to seizure by force by any State on the high seas (Article 105). To argue that the provision allows to destroy their ships when docked in a harbour seems too much of a stretch. 3. Conclusion: Another Problem that Cannot be Solved by Force While there are legal avenues open for using force...28 Apr Bored with Japan and the Philippines, China Intensifies a Third Border Dispute with India
...China to react, albeit through the soft pressure of an Annex VII UNCLOS arbitral proceeding. It is impressive how China can keep three of its neighbors scrambling to respond while it slowly builds up its territorial claims. In the long run, China v. India/Japan/Philippines/Vietnam/etc. seems like bad odds, but so far it is working. Will international arbitration play any role in resolving these disputes? I doubt it, but we will soon get some empirical evidence if the Philippines is able to win a judgment that affects or shifts China’s behavior....13 Dec ASIL, Presidential Candidates & International Law
...see Clinton emphasizing the need for the United States to fix the Human Rights Council and join CTBT and CEDAW, or Edwards wanting the U.S. to renegotiate NAFTA and join the ICC, while Kucinich talks about signing Kyoto and Obama indicates his intention to reinvigorate the Geneva Conventions and have the U.S. join UNCLOS. I really hope that these four won’t be the only candidates to contribute to ASIL’s project (for example, I can’t imagine the site without Senator Biden’s survey response). And, of course, given that ASIL identifies itself...24 Nov Meanwhile, China Draws a Provocative, Dangerous, But Perfectly Legal Air Defense Identification Zone in the East China Sea
...pilot draws that mission!) Although provocative and dangerous, it seem clear to me that China’s ADIZ does not violate international law. Indeed, China’s Foreign Ministry was perfectly correct today in its claim that its ADIZ is consistent with “the U.N. Charter and related state practice.” Countries (led by the U.S.) have long drawn ADIZs beyond their national sovereign airspace as a measure to protect their national airspace. This practice, although not exactly blessed by any treaty, does not appear to violate either the Chicago Convention or UNCLOS. (See Peter Dutton’s...27 Apr Weekend Roundup: April 20 – 26, 2013
...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...