Search: UNCLOS
02 Mar Interpretation as the Continuation of Politics by Other Means
...would constitute such relevant materials) and, more importantly still perhaps: it would lead to all sorts of difficult negotiations on what exactly the record should reflect. Imagine the sort of record created if the UNCLOS travaux would have been thought to be decisive for future interpretations; the process would in all likelihood have taken twice as long. Still, any lawyer worth her salt will consult whatever record is available. The main function served by the Vienna Convention’s rules, then, is as something of a battlefield: the continuation of politics by...26 May Weekend Roundup: May 19-25, 2012
...the Sea that took place on Wednesday, but reportedly ended in a decision to postpone the vote until after the November elections. UNCLOS was also the theme of Peter Spiro’s post on the use of the term “sovereignty” by the American Sovereignty Campaign advocating ratification. Peter Spiro also discussed how non-state actors are increasing their influence in international organizations, including formally intergovernmental ones such as the WTO and the ITU. As every week, we also provided a list of upcoming events and the weekday news wrap. Have a nice weekend!...
03 Mar Rescue at Sea and the Establishment of Jurisdiction: New Direction from the Human Rights Committee? Part I
...of the ICCPR, and admissibility of the case seems to be misplaced. Whilst the duty to rescue reflects a duty to protect life at sea, there is a difference between law of the sea obligations and obligations emanating from human rights law. The duty to rescue under 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other treaties such as SAR Convention and the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) is a law of the sea obligation, requiring no nexus of...21 Nov Security Council Debates Maritime Piracy
...to strengthen domestic criminal laws, and of course, to the overarching legal framework created by UNCLOS and SUA. This preambular paragraph from Resolution 2020 illustrates the Security Council’s legalistic approach: “Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who illicitly plan, organize, facilitate, or finance and profit from such attacks and reiterating its concern over a large number of persons suspected of piracy having to be...
03 Mar Rescue at Sea and the Establishment of Jurisdiction: New Direction from the Human Rights Part II Committee?
...obligation requires States to take preventive measures to protect life through the provision, operation and maintenance of effective SAR services required under UNCLOS (Article 98(2)) and SOLAS (Annex, Cap V, Reg 7) and SAR (Annex, Cap 2.1.1.) Conventions. It is noteworthy that obligations of due diligence necessitate not only the adoption of appropriate rules and measures under these treaties but also “…a certain level of vigilance in their enforcement…” (Pulp Mills case, para 197). The obligation of due diligence translates itself into a duty to take all necessary measures to...15 Feb Weekend Roundup: February 9-14, 2014
...of the right to die to terminally ill minors as an argument to attack on Roper v Simmons, and later replied to Eugene’s response. For those hungry for more reading: Kevin recommended a post by Sergey Vasiliev on the relationship between Perisic and Sainovic while Julian recommended Stephan Talmon’s book chapter on the question of UNCLOS jurisdiction in Philippines arbitration against China, and Duncan announced the winners of the 2013 ASIL Certificates of Merit. Finally, Jessica wrapped up the news and I listed events and announcements. Have a nice weekend!...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...