Search: UNCLOS
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...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....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...
15 May Fishery Diplomacy: A New Concept for Analyzing Asia’s Maritime Order
...China. These disputes transcend resource allocation—they are about presence, jurisdiction, and the subtle assertion of sovereign claims. When the Korea Coast Guard intercepts Chinese fishing vessels, they simultaneously enforce domestic law and demonstrate Korea’s administrative control over disputed waters. When Japanese authorities detain Chinese fishermen, they reinforce Japan’s claim to exercise jurisdiction around the Diaoyu/Senkaku Islands. The fishing boat becomes a floating marker of sovereignty, and its treatment becomes a diplomatic statement. Existing international legal frameworks, such as the United Nations Convention on the Law of the Sea (UNCLOS), provide...