Search: UNCLOS
27 Feb A Response to Kontorovich and Gallagher About Piracy (Updated)
Both Eugene and Maggie disagree with my claim that politically-motivated acts of violence on the high seas were not traditionally considered piracy under international law, but were instead simply criminal acts that the offended state could prosecute as it saw fit. Here is Eugene (my emphasis; combining two comments): The rule is clear as both a matter of customary international law and the Law of the Sea Convention. On the latter score, the “private” ends requirement of the UNCLOS Art. 101 (which defines piracy) has to be read in conjunction...15 Feb Weekend Roundup: February 9-14, 2014
...of the right to die to terminally ill minors as an argument to attack on Roper v Simmons, and later replied to Eugene’s response. For those hungry for more reading: Kevin recommended a post by Sergey Vasiliev on the relationship between Perisic and Sainovic while Julian recommended Stephan Talmon’s book chapter on the question of UNCLOS jurisdiction in Philippines arbitration against China, and Duncan announced the winners of the 2013 ASIL Certificates of Merit. Finally, Jessica wrapped up the news and I listed events and announcements. Have a nice weekend!...
16 Aug The ICJ’s Judgment in Nicaragua v. Colombia: Back to the Basics
...made to the Commission on the Limits of the Continental Shelf (CLCS) by the States parties to the UNCLOS. With regards to State practice, the Court relies on three key factors: a) vast majority of States that have not asserted their CLCS submissions an entitlement to a continental shelf that extends within 200 nautical miles from the baseline of another State; (b) only a small number of States that have claimed an extended continental shelf encroaching the maritime areas within 200 nautical miles of another State; and c) States objecting...
30 Oct The EC’s Guidance on the Facilitation Directive – Ending the Criminalisation of NGO-led SAR Operations?
...specifically: the UN Convention on the Law of the Sea (UNCLOS); the International Convention for the Safety of Life at Sea (SOLAS); the International Convention on Maritime Search and Rescue (SAR); and relevant maritime traffic treaties and International Maritime Organisation Resolutions. This legal framework imposes upon States a duty to require shipmasters to assist and rescue any individual in distress at sea. This duty to assist and rescue, recognised as a principle of customary international law (EC Guidance, p. 7), by corollary includes a duty for States to disembark rescued...06 May The Transformation of the Permanent Court of Arbitration
...issues, including public international law disputes, investor-state arbitrations, commercial contract disputes, law of the sea arbitrations under Annex VII of UNCLOS, and energy charter treaty disputes. It has even administered an arbitration between a State and an armed movement within its territory (namely the Abyei Arbitration between the Government of Sudan and the Sudan People’s Liberation Movement/Army in 2008 – 9). One institutional feature of note is that PCA offers a development assistance fund for states that require financial aid for use of PCA’s services. Member states donate to the...05 Apr Weekend Roundup: March 29-April 4, 2014
This week on Opinio Juris, Julian wondered if the ICJ’s judgment in the Whaling in the Antarctic would ring in the end of the Whale Wars. He also curiously awaits the release of the Philippines memorial filed with the PCA in the UNCLOS arbitration against China and assessed China’s reaction to the submission. Meanwhile, Kevin handed out advice on how to get yourself convicted of terrorism and Chris compared Russia’s rhetoric regarding Crimea to its rhetoric regarding intervention and recognition in Kosovo and South Ossetia. We also hosted a symposium...18 Jun International Organizations and the Duty to Prevent
...under UNCLOS that were at stake in the Swordfish case between the European Community and Chile. The fact that the European Union does not achieve the required result of the conservation of swordfish stocks would be sufficient to cause a breach, whether the failure is caused by its organs or agents or by its Member States. The WTO agreements may provide further examples of obligations of result that may be breached by the Union because of the conduct of its Member States. The emphasis on the conduct rather result indicates...08 Feb Events and Announcements: 8 February 2020
...Nuremberg Principles Academy can be found here. Call for Papers ITLOS – Nippon Foundation Capacity Building and Training Programme 2020-2021: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2020 – March 2021, which will be held at ITLOS in Hamburg, Germany, is welcoming applicants until 3 April 2020. For more information see the flyer and website. If you would like to post an announcement on Opinio Juris, please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information....