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Search: UNCLOS

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 informations seems to be aimed at triggering debate about: a) broad interpretation of the outdated (in times of satcom) provisions under UNCLOS on boarding a vessel due to unallowed broadcasting and b) claims for legitimate use of force in order to prevent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 | |

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 | |