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Search: UNCLOS

07 Nov

...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...
07.11.25 | |

23 Nov

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...
23.11.13 | |

09 Aug

...August, 2021 on the acceptance of which, full papers shall be submitted by 11:59 PM on 30th November, 2021 (tentatively). All extended abstract submissions must be made through this form by  11:59 PM (Indian Standard Time) on 31st August, 2021. Authors are requested to visit the official website of the Journal for the detailed submission guidelines. In case of any queries, the editorial board can be reached at itlj[at]nliu[dot]ac[dot]in.  GoJIL Symposium – “Does the Exception Swallow the Rule?: The Compulsory Settlement of EEZ Fisheries Disputes under Part XV of UNCLOS”: On 26 August, a GoJIL symposium will be held on the...
09.08.21 | |

03 Mar

...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...
03.03.21 | and |

27 Apr

...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...
27.04.13 | |

11 Jun

...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...
11.06.19 | |

18 Apr

...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...
18.04.16 | |

02 Mar

...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...
02.03.12 | |

02 Mar

...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...
02.03.09 | |

26 May

...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!...
26.05.12 | |

24 Nov

...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...
24.11.13 | |

21 Nov

...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...
21.11.12 | |