Search: UNCLOS
15 Nov Presidential Candidates and International Law
...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...16 Mar Article 87(5) of the Rome Statute – It’s Complicated…But Not Bizarre
...this is a separate matter. It does not, in my mind, justify reading a formality-condition into the text of 87(5)(b). The phrase “enters into” used in 87(5)(b) does not change my view on this. States can just as easily enter into informal arrangements or agreements as formal ones (see e.g. Articles 74(3) and 83(3) UNCLOS, by which States are to “enter into provisional arrangements of a practical nature”). Would the interpretation I suggest make 87(5)(b) “bizarre or possibly counterproductive”? Let’s deal with bizarre first. I would be hard pressed to...
27 Nov Finding the Human-Nature Equilibrium: A Reply to Nivia
...Law of the Sea is arguably the most comprehensive when it comes to the basics of sustainable development as in addition to a section for conservation of the high seas (Part VII, Section 2), the entire text embodies a collective spirit upon which modern ideals of sustainability, like that codified by the 1992 Rio Declaration, are built. UNCLOS and the treaties under its regime all share the same remarkable trait; they open the widest doors of opportunity for parties wishing to reap economic benefits from the sea so long as...18 Jan Weekend Roundup: January 4-17, 2014
...for the US to accede to UNCLOS as a way to assert leadership and push back China’s claims in the East and South China Seas. In two guest posts, Lorenzo Kamel compared the EU’s approach to Israel’s occupation of the Palestinian Territories with its approach to Northern Cyprus and Western Sahara. Further on Israel and Palestine, Eliav Lieblich discussed a recent court hearing in which Israel is trying to revive maritime prize law against a Finnish ship intercepted when it tried to breach the Gaza blockade. We engaged in cross-blog...25 Sep What’s the Object and Purpose of the Arms Trade Treaty?
I’ve been surprised how quiet the Obama Administration has been in terms of treaty actions in its 5 years in office — you can pretty much count on one hand the number of treaties that have gone through the Senate Advice and Consent process (and nothing at all has happened this Congress). Now, some of the blame for this certainly rests with a recalcitrant (some might say new-sovereigntist) minority of U.S. Senators (see, e.g., UNCLOS and the UN Disabilities Convention fights). Still, the reality of the last few years has...24 Sep Russia May Charge Greenpeace Activists with Piracy; Will They Cite the Ninth Circuit? (Updated)
...Fordham University Law School. “That requires stealing things and the intention of stealing things.” But current definitions of piracy don’t require an intention for financial enrichment. Rather, as we noted back in February when the U.S. Ninth Circuit Court of Appeals upheld an injunction against anti-whaling protestors for attacking Japanese whalers, UNCLOS requires only that the attackers be acting for “private ends.” As Kevin argued in his post, there is reason to believe that “private ends” does not include “politically motivated” acts (although Eugene Kontorovich has a good rebuttal of...
28 Oct International Law and Popular Culture Symposium: A Micronation on the Big Screen – Using Cinema in Class for Teaching International Law
...zones, their limits back in 1968 and now after UNCLOS, the application of the Convention on the Territorial Sea and the Contiguous Zone of 1958 (ratified by Italy in 1964), the regime of the high seas, and the nature and status of artificial islands (for he thought of a sand island but found it technically impossible so he finally made it of steel). —Can you imagine? Our own island, where we can do what the hell we want. Where we can live by our own rules. That’s why Giorgio and...27 Jul Events & Announcements: July 27, 2014
...international two-day conference at the occasion of the twentieth anniversary of the entry into force of the UN Convention on the Law of the Sea. The conference, organized in partnership with the Vrije Universiteit Brussel (VUB), Université catholique de Louvain-Mons (UCL-Mons) and the Université Libre de Bruxelles, will bring together expert scholars from within and without Europe, as well as practitioners and civil servants (e.g., ITLOS, International Seabed Authority, FAO). Four different panels will address the importance of UNCLOS for the maintenance of international peace and security; its importance for...17 Nov Weekend Roundup: November 10 – 16, 2012
...but needs input from institutional law. Catherine Brölmann’s post also discussed the combination of contractual and institutional elements in constitutive treaties. Geir and Catherine’s posts led Duncan Hollis to reflect on how treaty law can lead to “secondary fragmentation” – fragmentation in the “rules on rules”. Christian Tams argued that this “fragmentation” indicates the limits of general treaty law which often only provides residual rules or no rules at all. In our regular posts, Julian Ku questioned whether Argentina’s claim under the UNCLOS against the seizure of its naval training...