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.

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.

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.

The M/V “Virginia G” Case (Panama/Guinea-Bissau) (ITLOS)

2014 ◽  
Vol 53 (6) ◽  
pp. 1161-1226
Author(s):  
Vincent Cogliati-Bantz
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Coastal State ◽  
Guinea Bissau ◽  
Economic Zone ◽  
The Law

On April 14, 2014, the International Tribunal for the Law of the Sea (the Tribunal) rendered its Judgment in the case of the M/V Virginia G.. The judgment notably clarifies the scope of the sovereign rights of a coastal state with respect to living resources in its exclusive economic zone (EEZ).

Introductory Note

2019 ◽  
pp. 421-428
Author(s):  
Tullio Treves
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Cote D'ivoire ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Customary International Law ◽  
Introductory Note ◽  
Economic Zone ◽  
The Law

This Note focuses on the Judgment handed out by a special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in a dispute concerning delimitation of maritime areas between Ghana and Cote d’Ivoire. This is the only decision of substance of ITLOS during 2017. Among the elements of particular interests of the Judgment the following should be noted. First, the consideration and rejection of the argument that oil concession practice may constitute a tacit agreement. Second, the reliance, however limited to this case, as regards delimitation of the territorial sea on the same methodology used for the delimitation of the exclusive economic zone and the continental shelf, namely, the equidistance/relevant circumstances methodology. Third, the distinction between the function of the Chamber in delimiting the continental shelf beyond 200 nm and that of the Commission on the Limits of the Continental Shelf in delineating the outer limits of the shelf. Fourth, the examination of the question of whether the Chamber had jurisdiction to decide on questions of responsibility, and of the applicability of customary international law thereto. Fifth, the statement that to adjudicate on the claim that Ghana had contravened the Chamber’s Order on provisional measures belonged to the Chamber’s “inherent competence”. Sixth, the analysis of the regime of contested areas in light of Article 83 of UNCLOS.

scholarly journals Artikel Penyelesaian Sengketa Laut Antara Indonesia dan Malaysia di Wilayah Selat Malaka Menurut Hukum Laut Internasional

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 457
Author(s):  
Maulidya Yuseini ◽  
Dian Rachmawati ◽  
Fransiska Yuardini ◽  
Hafidh Lukmam Syaifuddin
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Border Dispute ◽  
Economic Zone ◽  
The Law ◽  
Malacca Strait

Abstract Dispute settlement between Indonesia and Malaysia in the Malacca Strait Region started with the unilateral claims of both countries. The prevailing these unilateral claims resulted in the area of Exclusive Economic Zone in the Malacca Strait to overlap. UNCLOS 1982 is the existing International Law of the Sea and both countries ratified to this Convention. The purpose of this article is to find out how to resolve sea border disputes between Indonesia and Malaysia in the Malacca Strait Region under the Law of the International Sea. This article is also aimed to provide a narrative to the factors underlying the existing maritime border dispute. Keywords: Disputes settlement, Malacca Strait, Overlapping

ITLOS FLAGS ITS INTENT

2000 ◽  
Vol 59 (3) ◽  
pp. 421-471
Author(s):  
Roger O'Keefe
Keyword(s):  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Fishing Vessels ◽  
First Case ◽  
Economic Zone ◽  
The Law

The M/V “Saiga” (No. 2) (Saint Vincent and the Grenadines v. Guinea) (1999) 38 I.L.M. 1323 was, on the facts if not on the docket, the continuation and conclusion of The M/V “Saiga” 110 I.L.R. 736, the first case to be heard by the International Tribunal for the Law of the Sea (ITLOS) established under the 1982 Convention on the Law of the Sea. The cases arose out of an incident in which the Saiga—a Cypriot-owned, Scottish-managed and Swiss-chartered tanker flying the flag of Saint Vincent and the Grenadines—was detected refuelling fishing vessels at sea (“bunkering”) in the Exclusive Economic Zone, and in violation of the customs laws, of Guinea. Guinean patrol craft forcibly arrested the Saiga, injuring a Ukrainian crewman and a Senegalese painter, and escorted the ship to port, where its Ukrainian master was convicted of customs offences. As well as a suspended sentence of six months’ imprisonment, the court imposed a substantial fine, seizing the vessel and confiscating its cargo by way of guarantee.

‘Due Regard’ Obligations, with Particular Emphasis on Fisheries in the Exclusive Economic Zone

2019 ◽  
Vol 34 (1) ◽  
pp. 56-72
Author(s):  
Tullio Scovazzi
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Protected Area ◽  
Marine Protected Area ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Coastal State ◽  
China Sea ◽  
Economic Zone

Abstract ‘Due regard’ obligations occur when a state, in exercising a right, is bound to take into consideration the existence of conflicting rights and interests of other states and to balance their respective importance. They are frequently found in international law of the sea and the LOSC. Within the exclusive economic zone, where the applicable regime is the result of the balancing of the rights of the coastal state with those of other states, international practice shows that the balance shifts in favour of the coastal state if conflicting fishing activities are at stake. The balance may change if other kinds of activities are in conflict within the same zone. Two recent arbitral awards—on the Chagos Marine Protected Area case and the South China Sea case—elaborate on ‘due regard obligations’.

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.

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