This analysis from Professor Matthew Happold offers very good reasons to doubt that Argentina can validly invoke the jurisdiction of the International Tribunal of the Law of the Sea in its dispute with Ghana. Putting aside Argentina's argument that it did not (or could not) waive its warship's immunity, Professor Happold points out that it is far from clear that...
Argentina has opened a new front in its battle with Ghana over a local court order detaining its naval training ship ARA Libertad until Argentina posts a bond for payment on its defaulted sovereign debt. It is now threatening to sue Ghana in the International Tribunal on the Law of the Sea. Tomorrow, Tuesday, November 13th, all the deadlines expire for...
Earlier this week, Harold Koh gave a speech. And it wasn't about conflicts, drones, or cyberwar, topics that have dominated the attention of international lawyers in recent years. Rather, Koh's speech was a meditation on the processes of international law-making that confront the State Department on a daily basis. It was, simply put, a survey of the current international legal landscape...
The Japanese Prime Minister made clear in remarks yesterday that he has no intention of proposing international arbitration to settle or mediate the ongoing Senkaku/Diaoyu Island dispute with China. Indeed, China's government-controlled English language paper, noted the inconsistency of Japan's position given its willingness to send its similar dispute with South Korea to the ICJ. (A point I noted here). Noda...
It is a draft platform, but these parts of the 2012 GOP Platform are certainly interesting. It appears to have strong language in favor of "American Exceptionalism" and American sovereignty. Under our Constitution, treaties become the law of the land. So it is all the more important that the Congress -- the senate through its ratifying power and the House through...
While I am at it, I might as well flog my most recent piece on China's relationship with international tribunals and international adjudication more generally. This study, which attempts to document all of China's treaties that include compulsory dispute resolution clauses (excepting bilateral investment treaties), concludes that China is unlikely to become a strong supporter and participant in mechanisms of...
It's official. US ratification of UNCLOS is dead (at least for this year). And, perhaps more significantly, the treaty was sunk by two senators, Robert Portman and Kelly Ayotte, both of whom appear to be on Republican nominee Mitt Romney's vice-presidential short list. Their announcements, in a letter to Senate Majority Leader Harry Reid, brings the number of announced U.S....
Interesting letter to the editor at the WSJ, defending China's claim to the disputed island/shoal/reef in the South China Seas. It is a good preview of China's international law argument as well as its view that UNCLOS is largely irrelevant to the dispute. To assert that China "invented" history is a result of ignorance of history. China acquired sovereignty over Huangyan...
Today, I hear there is going to be some decision from the U.S. Supreme Court on health care, or something. But there is something almost as cool going on down at the other end of the Mall: Sen. John Kerry's latest effort to win Senate advice and consent for the U.N. Convention for the Law of the Sea (and the...
[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] I do not share Professor Rabkin’s pessimistic view of the prospect of international arbitration of law of the sea disputes under the Law of the Sea Convention. LOS Convention tribunals and the law of the sea experts who serve as judges and arbitrators have helped...
[Editors Note: We inadvertently posted the incomplete version of this post by Jeremy Rabkin this morning. This post has his response to Prof. Noyes earlier post today. Sorry for the confusion.] [Jeremy Rabkin is Professor of Law at George Mason University School of Law.] Craig Allen has performed a valuable service by reporting the range of sea-related treaties where we have already committed to...
[John E. Noyes is the Roger J. Traynor Professor of Law at California Western School of Law.] My thanks again to Julian Ku for organizing this series on U.S. accession to the Law of the Sea Convention. I write to respond to Mr. Groves’s contention, based on U.S. experience in the Gulf of Mexico, that U.S. accession is not needed to further...
