Search: UNCLOS
08 Jul Is the Captain a Code? Redefining the “Genuine Link” under the Law of the Sea in the Age of Maritime Algorithmic Architecture
...servers and invisible owners, prefiguring the jurisdictional challenges of fully autonomous systems. Under the UNCLOS, the Master has historically functioned as a personal jurisdictional pivot through whom the flag State exercises effective jurisdiction under article 94. This shift exposes a fundamental tension within the law of the sea. Articles 91 and 94 UNCLOS are structured around the assumption that effective jurisdiction is exercised through identifiable human actors, particularly the ship’s master, who serves as the operational link between the vessel and the flag State. However, contemporary maritime operations increasingly rely...14 Jul The Lawfare over South China Sea: Exceptional Rules vs. General Rules
...law. The only exceptional case lies with the International Court of Justice (ICJ). Under article 94 of the UN Charter, one party may have recourse to the Security Council, which may enforce the decisions. However, the present case was decided by a 1982 UNCLOS Annex VII arbitral tribunal and the decision could in no way be enforced by third parties. Under article 12 of the UNCLOS Annex VII, “Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award...19 Jul The Battle in the U.S. Over the Law of the Sea Treaty
...this post from last year for further explanation of this point). On the other hand, UNCLOS creates an unwieldy governing authority and structure that will, over time, become unaccountable and no doubt inimical to key U.S. interests (see here for the Goldsmith/Rabkin critique of the treaty’s effect on U.S. counterterrorism policy). Effectively paying a “tax” to the UNCLOS authority for certain drilling is of questionable value. And at least one part of UNCLOS is, in my humble opinion, unconstitutional because it essentially gives supreme and self-executing effect to judgments of...09 May Passing Gas through Passamaquoddy Bay
...well). In March 2007, the United States rejected Canada’s decision as inconsistent with Canada’s obligation to guarantee “innocent passage” under the law of the sea (see arts. 17-25 and 45 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS)). The United States is not a party to UNCLOS, so presumably it is relying on UNCLOS rules as customary international law (unlike the customary international humanitarian law context, however, we’ve no evidence of how the United States determined the exact contours of the innocent passage customary rule)....
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
force against that State could also be illegal, given, for instance, their opposition to the UN purpose of maintaining peace and security. On the other, “principles of international law embodied in the [UN Charter],” also found in Article 301, is a renvoi to other relevant norms not found in UNCLOS, including the right of self-defense in UN Charter Article 51 and the UN collective security system. This phrase does not deviate from the link between non-innocence and protection of the coastal State. The Requirement that Innocent Passage Conform to UNCLOS...
21 Jul ITLOS Advisory Opinion on Climate Change and Oceans: Possibilities and Benefits
[Carlos A. Cruz Carrillo is a PhD Candidate at the University of Basel. Twitter: @Carcru1118.] The rule of law for oceans faces the challenges presented by climate change. Scientific evidence shows that climate change is causing menacing issues in the oceans. For example, sea-level rise, acidification, and deoxygenation of the oceans, amongst others. (see: 2019 IPCC Special Report on the Ocean and Cryosphere in a Changing Climate). In this regard, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) requires an interpretative adjustment, enabling it to provide legal...