Search: UNCLOS
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...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...
07 Nov From ‘Nuclear Weapons’ to ‘Climate Change’: The ICJ’s Approach to the lex specialis Maxim
...change treaties, and other sources of law, mutually reinforce and shed light on one another. Compliance with the Paris Agreement is necessary, but may not be sufficient, for compliance with States’ obligations under custom, UNCLOS and human rights instruments” (p. 16). Additionally, Mexico considered that the “Paris Agreement encourages co-operation but does not derogate from general obligations…In this vein, it is Mexico’s position that climate treaties must coexist with broader principles to create a unified and holistic legal framework that ensures comprehensive accountability” (p. 10) (See also the approaches of...08 Sep Weekend Roundup: August 25 – September 7, 2012
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,...