Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2006

2007 ◽  
Vol 22 (4) ◽  
pp. 463-483 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
The Third ◽  
Court Of Justice ◽  
European Court ◽  
Maritime Boundary ◽  
Boundary Case ◽  
The Law

AbstractThis is the third of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2006 were the award of the arbitral tribunal in the Barbados/Trinidad and Tobago Maritime Boundary Case and the judgment of the European Court of Justice relating to the MOX Plant case. No new cases were brought during the year.

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).

The European Community, the European Court of Justice and the Law of the Sea

2008 ◽  
Vol 23 (4) ◽  
pp. 643-713 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
International Law ◽  
European Community ◽  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Member States ◽  
Court Of Justice ◽  
Fishery Policy ◽  
European Court ◽  
The Law

AbstractThe European Community has gradually increased its focus on marine and maritime affairs, starting with the Community's Fishery Policy in the 1970s and culminating recently in the 2007 Blue Book on an Integrated Maritime Policy of the European Union. The Community's increased clout over marine and maritime matters has been reflected also in the case law of the European Court of Justice. From the outset the Court has given great impetus to the Community's efforts to assert its external competence in matters related to fisheries and conservation of biological resources of the sea. Even so, the Court has thus far only occasionally been confronted with public international law questions pertaining to the law of the sea. However, the few cases in which the Court has addressed such issues are worthy of note. For example, the Court has ruled on whether Member States should be allowed to rely on the international law of the sea in order to derogate from obligations under Community law; whether Member States should be allowed to prefer the dispute settlement provisions set out in the 1982 United Nations Convention on the Law of the Sea over the Community's own dispute settlement system; and on whether private parties may invoke arguments derived from the customary or conventional international law of the sea to challenge the validity of Community legislation pertaining to marine and maritime matters. The resulting judgments of the European Court of Justice have often turned out to be landmark cases, although some of them have tended to divide academic opinion.

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.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2008

2009 ◽  
Vol 24 (4) ◽  
pp. 603-616 ◽  
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

AbstractThis is the fifth of a series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2008 were the fourth triennial elections to the International Tribunal for the Law of the Sea; an order made by the Tribunal further continuing the suspension of proceedings in the Swordfish case; and the referral of a maritime boundary dispute between Peru and Chile to the International Court of Justice.

scholarly journals Dispute Settlement in the Law of the Sea: Survey for 2017

2018 ◽  
Vol 33 (4) ◽  
pp. 653-682 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Cote D’Ivoire ◽  
Côte D'ivoire ◽  
Maritime Boundary ◽  
Boundary Case ◽  
The Law

Abstract This is the latest in a series of annual surveys in this Journal 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 in 2017. The most significant developments during the year were the judgment of the Special Chamber of the International Tribunal for the Law of the Sea in the Ghana/Côte d’Ivoire maritime boundary case and the final award of the tribunal in the Croatia/Slovenia arbitration. There were also a number of less significant developments.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2009

2010 ◽  
Vol 25 (4) ◽  
pp. 457-482 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Black Sea ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
The Black Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the sixth 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 2009 were the judgment of the International Court of Justice in the Maritime Delimitation in the Black Sea (Romania v. Ukraine) case and the commencement of three new maritime boundary cases (between Bangladesh and India, Bangladesh and Myanmar, and Croatia and Slovenia, respectively).

Dispute Settlement in the Law of the Sea: Survey for 2011

2012 ◽  
Vol 27 (3) ◽  
pp. 517-551 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
Advisory Opinion ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
Sea Bed ◽  
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 2011 were: the delivery by the Sea-Bed Disputes Chamber of its advisory opinion on Responsibilities and Obligations of States sponsoring Persons and Entities with respect to Activities in the Area; the referral of a new case to the International Tribunal for Law of the Sea (ITLOS) relating to the arrest and detention of a bunkering vessel in the exclusive economic zone (EEZ) (the Virginia G case); the International Court of Justice’s judgments rejecting the requests of Costa Rica and Honduras to intervene in the Nicaragua/Colombia maritime boundary delimitation case; the decision of the arbitral tribunal in the Mauritius/United Kingdom case to reject a challenge to the appointment of one of the arbitrators; the activation of the Croatia/Slovenia arbitration agreement; and the fifth triennial election of ITLOS judges.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

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