Dispute settlement in the law of the sea, the extended continental shelf in the Bay of Bengal and the CLCS: some preliminary observations on the basis of the case Bangladesh/Myanmar before the International Tribunal for the Law of the Sea

2010 ◽  
Vol 1 (2) ◽  
pp. 267-285
Author(s):  
Ioannis Konstantinidis
Keyword(s):  
Continental Shelf ◽  
Bay Of Bengal ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
The Law

Dispute Settlement in the Law of the Sea: Survey for 2013

2015 ◽  
Vol 30 (1) ◽  
pp. 1-53 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
The Law

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2013 were the delivery of a judgment by the International Tribunal for the Law of the Sea (itlos) finding that it lacked jurisdiction in the Louisa case; an order of provisional measures by the itlos in the Arctic Sunrise case; and the initiation of a record 10 new cases. These and other developments are reviewed in detail.

Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

2008 ◽  
Vol 23 (4) ◽  
pp. 601-642 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2004

2006 ◽  
Vol 21 (1) ◽  
pp. 1-14
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Boundary Disputes ◽  
Maritime Boundary ◽  
Caribbean Area ◽  
The Caribbean ◽  
The Law

AbstractThis is the first of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea generally, rather than focusing purely on the International Tribunal for the Law of the Sea. The main developments during 2004 were the referral of two maritime boundary disputes in the Caribbean area to arbitration under Annex VII and a prompt release of vessel judgment by the ITLOS in the Juno Trader case.

Dispute Settlement in the Law of the Sea: Survey for 2015—Part i

2016 ◽  
Vol 31 (4) ◽  
pp. 555-582 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Protected Area ◽  
Dispute Settlement ◽  
Marine Protected Area ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
International Tribunal ◽  
Economic Zone ◽  
The Law

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention, and covering developments in 2015. During the year the International Tribunal for the Law of the Sea gave an advisory opinion concerning fisheries questions in the exclusive economic zone and made two orders of provisional measures. Annex vii arbitral tribunals delivered awards on the merits in the Chagos Marine Protected Area and Arctic Sunrise cases, and the tribunal in the Philippines v. China case gave an award on jurisdiction and admissibility. There were also a number of less significant developments during the year.

scholarly journals Dispute Settlement in the Law of the Sea: Survey for 2015, Part ii and 2016

2017 ◽  
Vol 32 (3) ◽  
pp. 379-426 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
United Kingdom ◽  
South China Sea ◽  
South China ◽  
Protected Area ◽  
Dispute Settlement ◽  
Marine Protected Area ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Law

Abstract This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. It covers developments concerning the International Tribunal for the Law of the Sea in 2016 and concerning all other law of the sea dispute settlement bodies for both 2015 and 2016. The developments covered include: the awards in Chagos Marine Protected Area (Mauritius v. United Kingdom), South China Sea (Philippines v. China), Arctic Sunrise (Netherlands v. Russia) and Duzgit Integrity cases; the judgments in the jurisdictional phases of the Norstar and Nicaragua/Colombia cases; the prescription of provisional measures by the arbitral tribunal in the Enrica Lexie case; and the first ever use of the compulsory conciliation procedures of the un Convention on the Law of the Sea.

scholarly journals Dispute Settlement in the Law of the Sea: Survey for 2012

2013 ◽  
Vol 28 (4) ◽  
pp. 563-614 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2012 were the delivery of judgments by the International Tribunal for the Law of the Sea (ITLOS) in the Bangladesh/Myanmar case and by the International Court of Justice (ICJ) in the Nicaragua/Colombia case, both concerned with maritime boundary delimitation; and the institution of Annex VII arbitration by Argentina against Ghana relating to the arrest of a State-owned vessel and the subsequent order of provisional measures by the ITLOS. These and other developments are reviewed in detail below.

The International Tribunal for the Law of the Sea and Provisional Measures: Settled Issues and Pending Problems

2007 ◽  
Vol 22 (3) ◽  
pp. 451-462 ◽  
Author(s):  
Francisco Orrego Vicuña
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Due Process ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Fish Stocks ◽  
International Court ◽  
The Law ◽  
Dispute Settlement System

AbstractThis presentation describes the system of provisional measures by the International Tribunal for the Law of the Sea under Article 290 of the 1982 Convention on the Law of the Sea. By pointing towards the binding legal nature of provisional measures and the introduction of a duty to report on compliance efforts, he begins his article stressing the system's efficiency. The author then comments on the various prerequisites while drawing comparisons with the prescription of provisional measures by the International Court of Justice. He finally turns towards the problems of the application of Article 290 by focusing on the requirement of a specific demand by a State party for a provisional measure. While admitting the Tribunal's authorization to issue provisional measures with a view to the marine environment and the increasing influence of the precautionary principle in public international law, he also advises against the temptations to exceed the limits of provisional measures in international law. The interplay with other treaties which refer to the Convention's dispute settlement system (especially the Agreement on Straddling and Highly Migratory Fish Stocks) even adds to this danger in the author's eyes. He closes with an appeal for due process, prudence and impartiality.

scholarly journals On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Lex Russica ◽  
2021 ◽  
pp. 155-163
Author(s):  
A. Yu. Klyuchnikov
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Exploration And Exploitation ◽  
International Court ◽  
Maritime Boundary ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Marine Areas

With the development of technical capabilities for the exploration and exploitation of the continental shelf, the desire of coastal states to expand the area of their jurisdiction in the "underwater territory" (the territory of the seabed) increased. Thanks to the activism of the judges of the International Tribunal for the Law of the Sea, the concept of the continental shelf for the purposes of international maritime law has been significantly developed. As a result, the coastal states signatories to the 1982 Convention on the Law of the Sea were able to establish the outer limit of the continental shelf, which, under certain conditions, can extend even beyond 350 nautical miles from the baseline.Disputes between states on the continental shelf mainly arise in connection with the need to distinguish between marine areas rich in sources of living and non-living resources. In such cases, it may be necessary to delineate the continental shelf between adjacent States (with a common border) or located opposite each other, i.e. their delimitation under article 83 of the Convention on the Law of the Sea. The subject of the dispute is the external legal boundary of the continental shelf of the state, where it extends beyond 200 nautical miles from the baseline of that state (the continental shelf beyond 200 nautical miles), adjoins the area that is the common heritage of mankind, outside the jurisdiction of any of the states.On the issue of determining the limits of the continental shelf beyond 200 nautical miles, the decision of the International Tribunal for the Law of the Sea of 14.03.2012 "On delimitation of maritime boundary between Bangladesh and Myanmar" is of a precedent value, since no international court has previously addressed this issue.

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