Remarks by Nilüfer Oral

2020 ◽  
Vol 114 ◽  
pp. 393-396
Author(s):  
Nilüfer Oral
Keyword(s):  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Law Of The Sea ◽  
Study Group ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

I would like to begin by first acknowledging and thanking Bogdan Aurescu, my Co-chair and co-author of the International Law Commission (ILC) Study Group on Sea-Level Rise First Issues Paper on the law of the sea whose contribution is very much part of this presentation.

The International Law Commission Tomorrow: Improving its Organization and Methods of Work

1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath
Keyword(s):  
International Relations ◽  
International Law ◽  
Term Effect ◽  
Law Of The Sea ◽  
Long Term Effect ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

The Impact of Sea Level Rise on Maritime Limits: A Grotian Moment in the Law of the Sea?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 277-303
Author(s):  
Snjólaug Árnadóttir
Keyword(s):  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Paradigm Shift ◽  
Legal Order ◽  
Law Of The Sea ◽  
National Jurisdiction ◽  
The Law ◽  
Coastal Features ◽  
The Impact

Abstract The legal order of the oceans centres on coastal geography which is undergoing unprecedented changes. Claims to national jurisdiction are based on distance from the coast and are only enforceable as long as they are consistent with international law. Consequently, sea level rise and submergence of coastal features can affect the location and enforceability of unilateral maritime limits and bilateral boundaries. Some States wish to maintain previously established entitlements around submerged territory but the only way to prevent fluctuations of unilateral limits is through artificial conservation of coastlines. Therefore, a change, in either the location of maritime entitlements or rules governing such entitlements, is inevitable. It has been proposed that maritime limits should be frozen to ensure opposability as coastlines change. That would enable States to exercise sovereignty and sovereign rights over areas that have no anchor in coastal territory, arguably causing a departure from the land dominates the sea principle and a Grotian Moment in the law of the sea. However, this article concludes that it is unlikely that proposals to freeze maritime limits will change the law of the sea and that the proposals may in fact serve to deter another paradigm shift, one that involves a departure from the principle of stable boundaries.

The Exhaustion of Local Remedies Rule in the Settlement of Maritime Disputes: A Study of the Practice of the UNCLOS Tribunals

2020 ◽  
Author(s):  
Jianjun Gao
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Diplomatic Protection ◽  
Maritime Disputes ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
The Unclos

Abstract The exhaustion of local remedies (“ELR”) rule is applicable in the settlement of maritime disputes, and it is not limited to the case of diplomatic protection. So far the manner in which the tribunals under the UN Convention on the Law of the Sea dealt with the ELR issue in the cases of the flag State’s protection has raised the concern that the rule may become a dead letter in practice. Although the cases involved the protection of natural and legal persons by States, the tribunals rejected the objections to the admissibility of claims raised by the respondents based on the ELR rule in all cases. However, the approaches in which the tribunals dealt with the ELR issue are questionable, and the practice of the International Tribunal for the Law of the Sea contains dual imbalances. In the case of a mixed claim, the preponderance test suggested by the International Law Commission should be employed to determine the nature of the plaintiff’s claim as a whole. The test was mentioned in several cases, but it was not used correctly.

Singapore

2018 ◽  
Vol 33 (4) ◽  
pp. 836-846
Author(s):  
Millicent McCreath
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
National University ◽  
The Status ◽  
The Law

Abstract This article summarises and discusses the main issues addressed at the conference hosted by the Centre for International Law at the National University of Singapore in March 2018 on Climate Change and the Law of the Sea: Adapting the Law of the Sea to Address the Challenges of Climate Change. The conference covered topics including the status and entitlement of offshore features, impacts of sea-level rise on baselines, the content of the LOSC climate change obligations, climate change dispute settlement under the LOSC, and possible ways to develop or adapt the LOSC to address the challenges of climate change.

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