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...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...09 Aug Events and Announcements: 8 August 2021
...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...
17 Nov “Friendly Fire: On!” – Some Thoughts on the Jersey Incident
...applicable in MLE operations, especially in disputed maritime areas. Finally, this paper will present the view that the application of LONW is not purely a legal matter, the context plays a more significant role in determining the applicable law. MLE vs. Use of Force at Sea: A Borderline Jurisprudence Coastal States, to implement their maritime legislations, sometimes employ armed force during MLE operations. Although this is a quite common phenomenon, as the ITLOS also pointed out in the M/V Saiga (No. 2) case, “the UNCLOS does not contain express provisions...
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...17 Apr Why the Philippines Has No Chance of Making China Go to Court
...Economic Zone is groundless. Unclos allows coastal states to claim a 200-nautical mile EEZ, but coastal states have no rights to infringe on the inherent territory and sovereignty of other countries,” it said. China’s position is that this is a question of sovereignty, and not the Law of the Sea. There is no basis for the ITLOS to assert jurisdiction over this dispute, without China’s consent. This seems right to me. Except that no one is sure exactly what the basis of China’s sovereignty claim is, but assuming it has...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...