Search: UNCLOS
30 Mar Weekend Roundup: March 23-29, 2013
...Hafner-Burton and David Victor discussed how the book helps to identify new areas of international law open to empirical research . Rachel Brewster asked whether a liability rule is always the best option to operate remedies under international law, and Steve Charnovitz disagreed with some of the book’s analysis of the WTO . The authors response to the comments can be found here . In other posts, Julian updated us on the appointment of a second arbitrator in the Philippines-China arbitration under UNCLOS , and James Hathaway’s guest post announced...
24 Oct Is International Law Adequate? Two Years After the Kakhovka Dam Destruction
...environmental agreements are also relevant. Both Ukraine and Russia are parties to the Convention on Biological Diversity (CBD), and the United Nations Convention on the Law of the Sea (UNCLOS) applies given the risk of nutrient and pollutant flows from the Dnipro River into the semi-enclosed Black Sea. To date, however, to the best knowledge of the contributors, no formal actions have been taken under these treaties. Still, their provisions remain highly pertinent, offering potential avenues to address the ecological impacts of the dam’s destruction and to support the achievement...
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...
14 Jul Symposium on PMSCs: Use of Maritime PMSCs, Weapons Procurement and Predatory Recruitment – New Frontiers in PMSC Regulation
...operations of maritime PMSCs (2022), operations of the floating armories continue to raise concerns. Recent incidents of sinking vessels used as FAs close to conflict areas, without international oversight of transfer/management of stockpiles on them, raise further concerns about their regulation. While the International Maritime Organization does not have specific regulatory framework guiding operations of FAs, the UN Convention on the Law of the Sea (UNCLOS) addresses criminal jurisdiction on board of a foreign ship, which is quite limited in relation to territorial waters, and shifts responsibility mainly to regulate...
16 Aug The ICJ’s Judgment in Nicaragua v. Colombia: Back to the Basics
...made to the Commission on the Limits of the Continental Shelf (CLCS) by the States parties to the UNCLOS. With regards to State practice, the Court relies on three key factors: a) vast majority of States that have not asserted their CLCS submissions an entitlement to a continental shelf that extends within 200 nautical miles from the baseline of another State; (b) only a small number of States that have claimed an extended continental shelf encroaching the maritime areas within 200 nautical miles of another State; and c) States objecting...