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.

Calming the Waters in the West African Region: The Case of Ghana and Côte d'Ivoire

2018 ◽  
Vol 26 (4) ◽  
pp. 507-526 ◽  
Author(s):  
Constantinos Yiallourides
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Legal Reasoning ◽  
West African ◽  
Practical Significance ◽  
Law Of The Sea ◽  
African Region ◽  
Cote D’Ivoire ◽  
Côte D'ivoire ◽  
The Law

On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) unanimously fixed the course of the maritime boundary between Ghana and Côte d'Ivoire and, thus, ended a long-standing dispute between the two West African neighbours. In addition to maritime delimitation, the legal reasoning and conclusions drawn in the judgment – especially in view of the Special Chamber's Provisional Measures Order of 25 April 2017 – are significant, in that they shed light on states' rights and obligations under the United Nations Convention on the Law of the Sea (UNCLOS) in respect of undelimited maritime areas, and also on the potential to respond meaningfully to unilateral resource-related activities in disputed waters through recourse to provisional measures of protection. The present article examines the key aspects of the Special Chamber's ruling and highlights some issues of practical significance for the future conduct of unilateral petroleum activities in disputed maritime areas.

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.

scholarly journals Ultranationalism, democracy and the law: insights from Côte d'Ivoire

2014 ◽  
Vol 52 (1) ◽  
pp. 45-68 ◽  
Author(s):  
Giulia Piccolino
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Political Strategy ◽  
Democratic Transitions ◽  
National Sovereignty ◽  
Cote D’Ivoire ◽  
Law And Politics ◽  
Côte D'ivoire ◽  
The Law

ABSTRACTAlthough much has been written about the ideology of Laurent Gbagbo's Front Populaire Ivoirien in Côte d'Ivoire and its impact on the Ivorian politico-military crisis, little attention has been paid to the ubiquitous role of the law in the discourse and political strategy of the pro-Gbagbo elite. The Ivorian case may provide important insights about the connection between ultranationalist ideology and a legalist, formalist conception of democracy and national sovereignty. The article analyses the circumstances of the emergence of ‘legalist nationalism’ in Côte d'Ivoire by looking at key episodes of the Ivorian transition between 2002 and 2012. The article discusses the relevance of Pierre Englebert's concept of ‘legal command’ and the turbulences of democratic transitions in accounting for the prominence of legalism in Ivorian politics. It explores the implications of the Ivorian case for understanding the connection between law and politics in Africa.

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 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.

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