Search: UNCLOS
18 Apr Stay in Your Lane! When Political Scientists Become Bad International Lawyers
...temporary tariff on Chinese exports to collect exactly that much revenue while the sovereignty claims are being adjudicated, and then distribute them once the matter is settled before the International Court of Justice. Whaaaahhht? In this one sentence, the authors propose that an arbitral tribunal convened under UNCLOS issue an award granting money damages to the Philippines. This is somewhat unlikely, but it is theoretically possible. But who exactly is going to place a “temporary tariff on Chinese exports”? The United States? A country that is not party to the...02 Mar The ABA Journal on Addressing the Problem of Sinking States
...Law of the Sea (UNCLOS) to draft new rules that take into account pre-existing sovereign claims prior to the loss of territory, to the idea of a non-territorial or ex situ state: It would be made up of citizens scattered around the globe and headed by a government that would manage common resources, such as maritime resources and compensation funds; provide consular protection; maintain cultural ties and identity; and even keep alive the possibility of reunification in a new location. However, as a law professor who writes about problems if...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...23 Nov Weekend Roundup: November 9-22, 2013
This fortnight on Opinio Juris, Julian shared his impressions of the Asian Society of International Law Biennial Meeting in New Delhi, and summarized his unofficial notes on Judge Xue Hanqin’s personal comments regarding China’s non-participation in the UNCLOS arbitration started by the Philippines. Peter, meanwhile, was at the 2013 Emma Lazarus Lecture and found much to agree with in Jagdish Baghwati’s proposals for state, as opposed to federal, powers in immigration reform. Peter later alerted us to Somalia’s ratification of the Children’s Rights Convention. This of course leaves the US...
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...
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...