Search: UNCLOS

...zones, their limits back in 1968 and now after UNCLOS, the application of the Convention on the Territorial Sea and the Contiguous Zone of 1958 (ratified by Italy in 1964), the regime of the high seas, and the nature and status of artificial islands (for he thought of a sand island but found it technically impossible so he finally made it of steel). —Can you imagine? Our own island, where we can do what the hell we want. Where we can live by our own rules. That’s why Giorgio and...

...international two-day conference at the occasion of the twentieth anniversary of the entry into force of the UN Convention on the Law of the Sea. The conference, organized in partnership with the Vrije Universiteit Brussel (VUB), Université catholique de Louvain-Mons (UCL-Mons) and the Université Libre de Bruxelles, will bring together expert scholars from within and without Europe, as well as practitioners and civil servants (e.g., ITLOS, International Seabed Authority, FAO). Four different panels will address the importance of UNCLOS for the maintenance of international peace and security; its importance for...

...but needs input from institutional law. Catherine Brölmann’s post also discussed the combination of contractual and institutional elements in constitutive treaties. Geir and Catherine’s posts led Duncan Hollis to reflect on how treaty law can lead to “secondary fragmentation” – fragmentation in the “rules on rules”. Christian Tams argued that this “fragmentation” indicates the limits of general treaty law which often only provides residual rules or no rules at all. In our regular posts, Julian Ku questioned whether Argentina’s claim under the UNCLOS against the seizure of its naval training...

...legal problems which may arise in the carrying out of the programmes to explore outer space”. However, by their first meeting, only two states had launched a grand total of just 20 satellites. They had no template to reference – the Antarctic Treaty was only halfway negotiated and not yet drafted, while the four treaties from UNCLOS I left key questions unanswered. The few scholars who’d considered law in space by then had taken one giant leap into becoming punchlines – a joke retold this summer on The Good Fight....

...an international convention to ensure cooperation in the domestic prosecution of international crimes. HJ van der Merwe discussed the transformative influence of international criminal law on domestic law, and looked at the South African experience post-Apartheid. Apartheid South Africa was also central to the first ATS decision post-Kiobel, discussed by Julian, in which the Second Circuit rejected the plaintiffs’ argument. Julian further wrote about the Faroe Islands’ decision to start an UNCLOS arbitration against the EU over the latter’s decision to impose sanctions after the Faroe Islands unilaterally increased herring...

...audio/visual submissions) here. The deadline for submissions is 15 February 2023. Calls for Applications ITLOS – Nippon Foundation Capacity Building and Training Programme 2023-2024: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2023 – March 2024, to be held at ITLOS (Hamburg, Germany), is welcoming applications until 31 March 2023. For more information see the flyer and website. The French call is listed below. Programme TIDM– Nippon Foundation de renforcement des capacités et de formation 2023-2024: Les personnes intéressées au Programme TIDM-Nippon Foundation de renforcement des capacités et de formation...

This week on Opinio Juris, Duncan was thrilled that the Supreme Court had finally reached a decision on whether to grant certiorari in Bond v United States, a case that requires revisiting Missouri v Holland. Julian though questioned whether Bond v United States will matter, although he gave his own two cents on the treaty power and federalism later. Julian clearly got more excited about the Philippines’ move towards UNCLOS arbitration in the South China Sea dispute with China, which he labelled a game-changer. In further posts on this arbitration,...

...target stricter and accurate, but the obligations become determinable and assessable, a situation which may not bring comfort to States aiming for flexibility but turn out to be instrumental for the fight against the climate change crisis. Regarding the Law of the Sea, the Court concludes that although the United Nations Convention on the Law of the Sea explicitly requires the protection of the marine environment, it must be understood that the global climate system falls within the scope of this marine environment. Consequently, states party to UNCLOS are obliged...

My previous posts (see here for the most recent) have explained why Judge Kozinski’s opinion in the Sea Shepherd case wrongly considers a political end to be a private end. In this post I want to highlight what is ironic — though not technically incorrect — about Judge Kozinski’s conclusion that Sea Shepherd committed an act of piracy on “the high seas.” That is an essential element of piracy; UNCLOS art. 101, for example, defines piracy as “any illegal acts of violence or detention, or any act of depredation, committed...

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,...

...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...

...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...