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Search: UNCLOS

14 Aug

..."last in time" rule could be fairly interpretted to make the fedearl statute subject to this treaty rule. (4) The same definition was also incorporated into the much more widely ratified 1982 UN Convention on the Law of the Sea. Somalia is a party to UNCLOS. Although the U.S. is not, the U.S. government has long asserted that most provisions of the treaty are declarative of CIL; indeed the Navy in particular absolutely relies on its provisions on a daily basis -- indeed it is safe to say that the...
14.08.10 | |

15 Oct

Alejandro Turyn Hi, my name is Alejandro Turyn and I'm from Argentina. There are several reasons why the ARA Libertad should not be retained in Ghana. First of all it is the flagship of Argentina's war ships and as such it enjoys special or particular immunity which is different from general state immunity. This is not govern by Ghanian Law but by international law (either Customary International Law, UNCLOS, etc.). Such determination has been rendered by so many different court and Tribunals around the world not only for the Flagship...
15.10.12 | |

27 Feb

...law. Incorporating the UNCLOS definition of piracy into the domestic crime, the court allowed piracy charges to proceed. U.S. v. Dire, 680 F.3d 446 (4th Cir. 2012). The 4th Circuit held that the UNCLOS (international law) definition of piracy is the correct definition of piracy to apply under US domestic law. Id. at 469. Therefore, the crime of piracy under U.S. municipal law--piracy "under the law of nations--is considered coextensive with the international law definition. Yes, the Harvard treatise opines about political ends perhaps taking an act outside the definition...
27.02.13 | |

04 Jun

...the process, contrary inter alia to Art. 110 UNCLOS. Under the circumstances, it is only a blockade, as a legal institution, that can provide Israel with the right to do what it did. Edward Swaine Kevin, your postings on this subject -- and the excellent responses -- are in substance and tone an exemplar of legal blogging, kind of like Marty Lederman's prior efforts. I'm a bit skeptical of the Civil War's import for present circumstances, but I gather the question was fairly presented by Eric's editorial (to the extent...
04.06.10 | |

16 Oct

Peter Prows Professor Romano points to a timely debate about the age-old problem of how to manage the ocean commons. There are indeed preliminary discussions underway about working up a new UNCLOS "Implementing Agreement" for biodiversity (and living resources) in areas beyond national jurisdictions. Also underway are serious negotiations to establish in the short-term new treaty-based regional fisheries management organizations (RFMOs) for the Southern Pacific and Southern Indian Oceans that are likely to have broad-based authority to conserve and manage even deep sea fisheries. If the extensive domestic restrictions of...
16.10.06 | |

01 Feb

...on the "high seas."). What casebook do you teach from? dubito hmm! Interferences with the freedom of navigation of the vessel flagged by State X and the jurisdiction of such State authorized under international law are rather tipical. The (deceptive?) informations seems to be aimed at triggering debate about: a) broad interpretation of the outdated (in times of satcom) provisions under UNCLOS on boarding a vessel due to unallowed broadcasting and b) claims for legitimate use of force in order to prevent release of information crucial for national security. Jordan...
01.02.12 | |

03 Sep

...the Court, rather than to the parties. You will therefore have to, in some sense, "blame" the Court. I agree that it would not be an affront to the Court to say that other institutions may be preferable. UNCLOS has established a mechanism by which the ICJ is only one of the available institutions, and the ECHR expressly excludes recourse to any court other than the ECtHR on questions under the Convention. It is, however, more than slightly unfair to describe the ICJ as 'cumbersome' and therefore inferior to the...
03.09.07 | |

17 Nov

...there was no conspiracy of Members to UNCLOS to kick the UK out of ITLOS, no desire to punish it. It is only that the UK did a weak campaign believing it that just being the UK was enough to guarantee re-election of Judge Anderson. Austria, being the underdog in this race within the Western group, campaigned for two years very intensively. What could the UK do to try to fend off Austrian’s competition? In my opinion two things: a) Put some more effort in campaigning; b) maybe put forward...
17.11.06 | |

07 Aug

...to be outside the scope of public war ("without being part or portion of the organized hostile army") and therefore common domestic or international criminals ("highway robbers or pirates"). It does not in any way say that they are subject to or have violated IHL. The UNCLOS is not an IHL document. All the best, John Morris Davis The jury sentenced Hamdan to 66 months. The judge gave him credit for nearly 61 months of time served, so he has less than 6 months remaining on his sentence. Hamdan won...
07.08.08 | |

09 Sep

...US Defense Institute of International Legal Studies) and it is great to see Kiribati formalising its boundaries and securing its vital maritime resources. All the best, Ian Steven Groves Good eye, Julian. The Kiribati agreement is the latest in a series of maritime boundary agreements -- most much more important (e.g. in the Gulf of Mexico and the Arctic) -- that the U.S. has successfully completed without being a party to UNCLOS. I highlight the most important agreements in my paper "U.S. Accession to U.N. Convention on the Law of...
09.09.13 | |

29 Nov

...others have commented, I have to disagree that CIL should be considered "obsolete." Yes, treaties have advantages over CIL. But there are also disadvantages. For example, treaties are not generally adopted one tiny provision at a time — they combine many different provisions. That may make states reluctant to bind themselves to treaties, even if they agree with the majority of the principles in them. States may also decline to bind themselves to treaties for political or other reasons. That can lead to situations like UNCLOS, where the US is...
29.11.14 | |

12 Jul

...maritime law, forever discrediting the PCA institution! Kumar China does not give a damn about international law. If PCA had no jurisdiction, it would have been only fit and proper for China to have participated in the proceedings and challenged the jurisdiction. By refraining, China which is a signatory to the UNCLOS, by its actions of non-participation and thereafter denouncing the award has undermined international law in general and maritime law in particular. Kumar On the merits, what is the legal basis for a eleven-dash line which was later converted...
12.07.16 | |