Search: UNCLOS
06 May The Transformation of the Permanent Court of Arbitration
...issues, including public international law disputes, investor-state arbitrations, commercial contract disputes, law of the sea arbitrations under Annex VII of UNCLOS, and energy charter treaty disputes. It has even administered an arbitration between a State and an armed movement within its territory (namely the Abyei Arbitration between the Government of Sudan and the Sudan People’s Liberation Movement/Army in 2008 – 9). One institutional feature of note is that PCA offers a development assistance fund for states that require financial aid for use of PCA’s services. Member states donate to the...21 Jul Andrew Guzman on the Problem of Consent in International Law
With Julian’s many interesting posts on UNCLOS, I thought I would flag for our readers Andrew Guzman’s interesting essay published on SSRN entitled the “Consent Problem in International Law.” Here’s the abstract: The legal obligations of a state are overwhelmingly based on its consent to be bound. This commitment to consent preserves the power of states, but also creates a serious problem for the international system. Because any state can object to any proposed rule of international law, only changes that benefit every single affected state can be adopted–creating a...05 Apr Weekend Roundup: March 29-April 4, 2014
This week on Opinio Juris, Julian wondered if the ICJ’s judgment in the Whaling in the Antarctic would ring in the end of the Whale Wars. He also curiously awaits the release of the Philippines memorial filed with the PCA in the UNCLOS arbitration against China and assessed China’s reaction to the submission. Meanwhile, Kevin handed out advice on how to get yourself convicted of terrorism and Chris compared Russia’s rhetoric regarding Crimea to its rhetoric regarding intervention and recognition in Kosovo and South Ossetia. We also hosted a symposium...18 Jun International Organizations and the Duty to Prevent
...under UNCLOS that were at stake in the Swordfish case between the European Community and Chile. The fact that the European Union does not achieve the required result of the conservation of swordfish stocks would be sufficient to cause a breach, whether the failure is caused by its organs or agents or by its Member States. The WTO agreements may provide further examples of obligations of result that may be breached by the Union because of the conduct of its Member States. The emphasis on the conduct rather result indicates...08 Feb Events and Announcements: 8 February 2020
...Nuremberg Principles Academy can be found here. Call for Papers ITLOS – Nippon Foundation Capacity Building and Training Programme 2020-2021: The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2020 – March 2021, which will be held at ITLOS in Hamburg, Germany, is welcoming applicants until 3 April 2020. For more information see the flyer and website. If you would like to post an announcement on Opinio Juris, please contact John Heieck at eventsandannouncements[at]gmail[dot]com with a one-paragraph description of your announcement along with hyperlinks to more information....
29 Jul Election Season at the ICJ: Dawn of a New Era?
...the Fire Department.” But the US’s position seems difficult to justify in light of its support for Judge Xue. Indeed, there are a significant number of maritime cases at the ICJ and UNCLOS parties can actually direct their disputes to the ICJ instead of ITLOS. In fact, given its abundant case law on maritime delimitations, the ICJ has arguably made a greater contribution to the development of the law than ITLOS. But of course this is not the first nor the last foreign policy contradiction of this US administration. It...19 Dec Weaponized Archaeology and Sovereignty Disputes
...based on specific treaties, such as boundary delimitation treaties, or broader treaties that set-forth rules for resolving disputes, such as the UN Convention on the Law of the Sea (UNCLOS). This does not deny that historical state practice can be a component in resolving a dispute. But there are standards for assessing such historical examples. As the Permanent Court of International Justice wrote in the Eastern Greenland case: a claim to sovereignty based not upon some particular act or title such as a treaty of cession but merely upon continued...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...