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Search: UNCLOS

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 | |

04 Nov

...more of the famous Obama administration jiujitsu. The administration might have decided to pursue this case because it wants to lose: If the Court overturns Missouri, then the administration can use the decision to sway senators. See?, the administration will say, now you have no reasonable ground to oppose UNCLOS or the Disability Convention. Because as you pointed out earlier, there isn't really any time when the treaty power needs to trump the Tenth Amendment. The administration (and the country) don't really lose anything by having the Supreme Court adopt...
04.11.13 | |

20 Aug

Steven Groves I'm not sure what Mr. Kaye's point is in that article, other than "The U.S. should join every single treaty out there that it has not yet joined, including but not limited to CRPD, CTBT, Rome Statute, UNCLOS, Ottawa Mine Ban, CEDAW, CRC, Biodiversity, and, perhaps, the Treaty of Versailles -- and by the way, no RUDs." As for "stealth multilateralism"? We used to call that "the executive branch engaging in foreign policy." Waste of time (I say as an avowed "sovereigntist" -- a word Kaye spits out...
20.08.13 | |

27 May

...the USA will vacate the 9th Circuit ruling and condemn this new 'invented' definition of 'private ends' which labels protesters as pirates -- and remind the 9th Circuit where the judicial branch ends and the executive branch begins as the US government has officially opposed Japan's poaching for decades. With some hope for justice, the ICJ will find that Japan is indeed in breach of its obligations as a signatory to the 1946 International Convention for the Regulation of Whaling, CITES, and UNCLoS. AnimuX It's also important to point out...
27.05.13 | |

07 Nov

...to consider. I'll take one case from each side to give an example. Spector - the primacy of flag-state jurisdiction is a relatively undisputed principle of international law. I believe that the current version of UNCLOS, to which the US is not (yet) a signatory admittedly, makes it pretty clear that this amounts to CIL. Regardless, the principle has popped up all over the place elsewhere, going back to the early part of last century with the Lotus case in the PCIJ. Subsequent decisions make it clear that most would...
07.11.07 | |

17 Nov

...pretty good Navy. http://en.wikipedia.org/wiki/Letter_of_marque Richard Response... Anyone interested in US naval doctrine regarding the law of naval warfare should look at the Commander's Handbook on that subject, http://www.nwc.navy.mil/cnws/ild/documents/1-14M_(Jul_2007)_(NWP).pdf. It's a tri-service (USN/USMC/USCG) publication and covers the use of force across the spectrum of maritime contingencies, including piracy. Rob Isn't the British order to ignore pirates a violation of UNCLOS? Bandit Meanwhile, the British have instructed their navy to ignore pirates, out of the remarkable fear that any captured Somali pirates might have asylum claims on metropolitan Britain. As we all...
17.11.08 | |

18 Mar

William Taylor To anyone interested, what authority does the US Navy have to attack and take custody of pirates? From the UN Security Council encouragement, and/or customary international law of the sea (since the US is not a party to the UN Convention on the Law of the Sea)? Would you consider an incident like this to be an incentve for the US to ratify UNCLOS? W. Taylor...
18.03.06 | |