Search: UNCLOS
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...
13 Nov Symposium on Erin Pobjie’s Prohibited Force: Review by Tomohiro Mikanagi
...provide maritime situational awareness and protect vessels against multi-domain attacks at sea. It should remain defensive in nature. Forces deployed for the operation should act in compliance with applicable international law, including customary international law, including self-defence where conditions are met, to defend against an imminent or ongoing attack on their own, or third-party, vessels. The operation should act in full compliance with UNCLOS. emphasis added This decision indicates the growing practical importance of issues relating to the use of force against threats below the threshold of an armed attack. ...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...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!...