Law of the Sea - Whaling in the Antarctic: Significance and Implications of the ICJ Judgment edited by Malgosia FITZMAURICE and Dai TAMADA. Leiden: Brill, 2016. ix+423 pp. Hardcover: £103; $168.

2017 ◽  
Vol 7 (2) ◽  
pp. 389-390
Author(s):  
Atsushi ISHII
Keyword(s):  
Law Of The Sea ◽  
The Icj ◽  
The Antarctic

scholarly journals Third State Intervention before the International Court of Justice in International Environmental Law Cases

2021 ◽  
Author(s):  
◽  
Franziska Liebelt
Keyword(s):  
Environmental Law ◽  
Environmental Issues ◽  
State Intervention ◽  
International Environmental Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Nuclear Tests ◽  
The Antarctic

<p>Third state intervention before international institutions originated in international arbitration around 1875 and has been included in the statute of the International Court since the foundation of the Permanent Court of International Justice (PCIJ) and is therefore no new phenomenon. Today, most systems of international dispute settlement provide for the possibility of third state intervention. Nevertheless intervention before the International Court of Justice (ICJ) has been used by states sparsely and seems underdeveloped. The statute of the ICJ provides for two ways of intervention in its arts 62 and 63. There have been few applications under these provisions. Looking at the court’s orders in these few cases, the court seems to have adopted a restrictive approach towards allowing applications to intervene. This paper looks at the institution of intervention in the area of international environmental law disputes. There have been two relevant disputes of this kind before the ICJ: the Nuclear Tests litigation and the recent litigation of Whaling in the Antarctic. Both of these cases dealt with the question of state obligations towards the protection of the environment. The applications to intervene in Nuclear Tests failed for reasons that will be explained in more detail below. New Zealand’s application to intervene in Whaling in the Antarctic was authorized by the ICJ on the 6 February 2013 under art 63 of the Statute of the ICJ. The case is exceptional in that it is only the second time the ICJ allowed intervention under art 63. Both cases demonstrate that there are environmental issues that concern more than only the nations that are parties to the dispute. They indicate that intervention plays a particularly strong role in environmental issues because these issues by their nature often affect more than just two states. This paper analyses how the shared environmental concern of the international community might lead to an extension of intervention before the ICJ. It further more looks at the issues that arose before the court in connection with the intervention in Whaling in the Antarctic and how these issues were dealt with.</p>

Maritime Delimitation in the Black Sea Case (Romania v. Ukraine)

2009 ◽  
Vol 8 (3) ◽  
pp. 305-327 ◽  
Author(s):  
David Anderson
Keyword(s):  
Continental Shelf ◽  
Black Sea ◽  
Law Of The Sea ◽  
The Black Sea ◽  
Continental Shelves ◽  
Maritime Boundary ◽  
The Icj ◽  
Stage Process ◽  
The Law

AbstractIn a unanimous decision, the ICJ determined, in accordance with the UN Convention on the Law of the Sea, the single maritime boundary between the respective EEZs and continental shelves of Romania and Ukraine. The Court clarified its methodology for delimiting the EEZ/continental shelf, following a three-stage process. First, it drew a provisional equidistance line between what it decided were the most appropriate basepoints on the two coasts; secondly, it considered whether this line required adjustment; and finally, it verified that the line did not lead to an inequitable result. The Judgment contains important interpretations of several articles in the Convention, notably Articles 74 and 83.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2010

2011 ◽  
Vol 26 (4) ◽  
pp. 495-523 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
United Kingdom ◽  
Protected Area ◽  
Dispute Settlement ◽  
Marine Protected Area ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
The Law ◽  
The Antarctic ◽  
Chagos Archipelago

AbstractThis is the seventh of 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 2010 were the commencement of four new, and very different, cases—a request for an advisory opinion in the Responsibilities and Obligations of States sponsoring Persons and Entities with respect to Activities in the Area case and three contentious cases, the Whaling in the Antarctic (Australia v. Japan), the M/V Louisa (Saint Vincent and the Grenadines v. Kingdom of Spain) and Dispute concerning the ‘Marine Protected Area’ related to the Chagos Archipelago (Mauritius v. United Kingdom) cases—and an order by the ITLOS declining to prescribe provisional measures in the M/V Louisa case.

BOOK REVIEWSBOOK REVIEWSVicuñaFrancisco OrregoProfUniversity of Chile081990372286290KwiatkowskaB., The 200 Mile Exclusive Economic Zone in the New Law of the Sea, M. Nijhoff Publ., Dordrecht 1989, XXVIII + 397 pp. (Publications on Ocean Development 14), Dfl. 195/$ 105/£ 60.Copyright © T.M.C. Asser Press 19901990T.M.C. Asser PresspdfS0165070X00006628a.pdfdispartBook Reviews1.ExtavourW.C., The Exclusive Economic Zone, A Study of the Evolution and Progressive Development of the International Law of the Sea (1979).2.GundlingL., Die 200 Seemeilen – Wirtschaftszone, Entstehung eines neuen Regimes des Meeresvolkerrechts (1983).3.AttardD., The Exclusive Economic Zone in International Law (1987).4.VecchioA. Del, Zona Económica e stati constieri (1984).5.KwiatkowskaB., ‘The ICJ Doctrine of Equitable Principles Applicable to Maritime Boundary Delimitation and its Impact upon the International Law of the Sea’, in BloedA. and van DijkP., eds., Forty Years of the International Court of Justice: Jurisdiction, Equity and Equality(1988) pp. 119–158.6.VicuñaF. Orrego, ‘La Zone economique exclusive: regime et nature juridique dans le droit international

1990 ◽  
Vol 37 (02) ◽  
pp. 286
Author(s):  
Francisco Orrego Vicuña
Keyword(s):  
International Law ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Progressive Development ◽  
International Court ◽  
Maritime Boundary ◽  
The Icj ◽  
Economic Zone ◽  
Droit International ◽  
Maritime Boundary Delimitation

The Law of the Sea Related Cases in the International Court of Justice during the Presidency of Judge Stephen M. Schwebel (1997-2000)

2001 ◽  
Vol 16 (1) ◽  
pp. 1-40
Author(s):  
Barbara Kwiatkowska
Keyword(s):  
Law Of The Sea ◽  
Agenda 21 ◽  
International Court Of Justice ◽  
Unique Role ◽  
Critical Areas ◽  
International Court ◽  
The Icj ◽  
The Law ◽  
To Come ◽  
International Law Commission

AbstractThis article explores the unique role of the ICJ as the principal judicial organ of the United Nations in the development of the law of the sea as part of the global system of peace and security, during the Presidency of Judge Stephen M. Schwebel (United States) in the busiest triennium in the Court's history (1997-2000). The new style of governance brought by President Schwebel to the Court is appraised against the background of an "intrinsic" authority and paramount functions performed by the ICJ as the world's most senior international court and the only truly universal judicial body of general jurisdiction, as well as that of the continuously inter-active influence of the Court and the International Law Commission. The article surveys the law-of-the-sea-related cases of the Court in the context of an ongoing follow-up to the Overall Review and Appraisal of the UNCED Agenda 21 in the critical areas of environmental protection, international fisheries and navigation, equitable maritime delimitation and territorial questions, and international institutions. The inaugural practice of ITLOS and the awards of the two Arbitral Tribunals, of which President Schwebel was a member, are taken into due account. The article concludes that the Court will undoubtedly continue to further explore its unique role, as importantly reinforced in the triennium 1997-2000, in the years to come.

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