The Relationship between unclos and imo Instruments

2017 ◽  
Vol 2 (2) ◽  
pp. 201-246
Author(s):  
Robert Beckman ◽  
Zhen Sun
Keyword(s):  
International Law ◽  
Environmental Performance ◽  
Legal Framework ◽  
Historical Background ◽  
Law Of The Sea ◽  
Customary International Law ◽  
International Shipping ◽  
United Nations Convention ◽  
The Relationship

The 1982 United Nations Convention on the Law of the Sea (unclos) is widely viewed as a “constitutive” instrument that provides a legal framework that is being filled in, rounded out and complemented by existing and subsequently enacted international agreements and customary international law. The International Maritime Organization (imo) is the preeminent international organization with competence to establish international rules and standards for the safety, security and environmental performance of international shipping. In other words, on matters relating to international shipping, unclos outlines the rights and obligations of States parties in various maritime zones that must be exercised and fulfilled through implementation instruments under the auspices of imo. This article will examine and discuss the relationship between unclos and imo instruments. First, it will provide an overview of imo, including its historical background, its mandates and structure, and the major instruments that are under its auspices. It will then look at the relationship between unclos and imo, and discuss how imo and its instruments have been incorporated into unclos. Furthermore, it will discuss the role of imo and its instruments in assisting States to exercise their rights and fulfil their obligations under unclos.

The Enrica Lexie Award Amid Jurisdictional and Law of the Sea Issues

2021 ◽  
Vol 30 (1) ◽  
pp. 167-190
Author(s):  
Giuseppe Cataldi
Keyword(s):  
United Nations ◽  
International Law ◽  
Point Of View ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Arbitral Award ◽  
Merchant Ship ◽  
Functional Immunity ◽  
United Nations Convention

This article analyzes the Enrica Lexie Arbitral Award, first of all, in relation to international law issues concerning the application of the United Nations Convention on the Law of the Sea (UNCLOS). The article then focuses on the question of the functional immunity of the two marines, from the point of view of the Tribunal’s assertion of its incidental jurisdiction to deal with the matter, as well as of the Tribunal’s affirmation of the existence of a customary international law rule applicable in the present case. Both conclusions appear unconvincing, also in light of the role of the two marines on board a merchant ship. In any case, the fact remains that the judgment has the merit of finally putting an end to a long-standing dispute, to the satisfaction of the two parties involved.

The United Nations Convention on the Law of the Sea

2000 ◽  
Author(s):  
John-Pierre Levy
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
World Organization

When the United Nations Convention on the Law of the Sea (the Convention) was adopted in 1982 after nine years of negotiations, it was hailed as "the ultimate constitution for the oceans". For the first time, an international legal instrument acknowledges that "the problems of ocean space are closely interrelated and need to be considered as a whole". Accordingly, in 320 articles and 9 annexes, the treaty provides the international legal framework for exercising the rights and duties of States relating to their uses of ocean space and its resources. After substantially amending the part dealing with the deep seabed area and its resources by the Agreement of 28 July 1994, the Convention entered into force on 16 November 1994 for those States which deposited instruments of ratification. It is now strongly supported by a significant majority of the States of the world, including major maritime powers, developing states, and others. The Convention codifies and develops customary international law as well as creating new rules and institutions. In some respects, the Convention provides specific rules and, in other respects, more general rules, whose precise meaning will evolve through practice. The Convention provides at minimum a framework for all uses of the sea. It envisages other international agreements, bilateral and multilateral, to elaborate its implementation. In spite of the breadth of the subject matter, the practice of States generally conforms to the law of the sea embodied in the Convention. The international community rightly feels proud of its achievement. But international law (and the law of the sea in particular) is a reflection of the needs of States during a certain period in history and their expectations of the future. This Convention does not necessarily contain the answers to all the challenges awaiting humankind in the 21st century, but it provides a sound framework for addressing them. Before examining in depth the issues relating to the delimitation of the outer limit of the continental shelf, a brief review of the major features of the Convention is appropriate. In the aftermath of World War II and soon after the creation of the United Nations in 1945, the new world organization requested its International Law Commission to consider the codification of existing customary international law relating to the oceans.

2 The 1982 United Nations Convention on the Law of the Sea

2015 ◽  
Author(s):  
Churchill Robin R
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Nature ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

The United Nations Convention on the Law of the Sea (LOSC) is the most important source of the international law of the sea. This chapter discusses the history and legal characteristics of the LOSC. It explains how the LOSC came into being; gives a brief overview of its provisions and considers their varying legal nature; explains which entities may and have become parties to the LOSC and considers the extent to which they are permitted to make reservations and declarations; outlines the relationship of the LOSC to other treaties and customary international law; explores the mechanisms for seeking to ensure compliance with the LOSC by its States parties; and finally discusses how the LOSC is kept under review and developed.

scholarly journals PERAN KONVENSI HUKUM LAUT INTERNASIONAL PBB 1982 DAN INTERNATIONAL MARITIME ORGANIZATION (IMO) BAGI KESELAMATAN DAN KEAMANAN ANAK BUAH KAPAL (ABK) SELAMA BERLAYAR DALAM PELAYARAN INTERNASIONAL

2020 ◽  
Vol 2 (1) ◽  
pp. 160-178
Author(s):  
Piseth Chann
Keyword(s):  
Human Resources ◽  
United Nations ◽  
Ad Hoc ◽  
International Management ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Relationship

ABSTRAKEksploitasi terhadap tenaga kerja di laut lepas, khususnya ABK, masih sering terjadi. Meskipun tidak diatur secara spesifik, keselamatan dan keamanan ABK dapat dikaitkan dengan KHL PBB 1982, Pasal 94. Tujuan dari kajian ini adalah untuk menjelaskan keterkaitan Pasal 94 KHL dengan perlindungan terhadap ABK, peran IMO terhadap keselamatan dan keamanan ABK, dan kerja sama antara IMO dan ILO dalam menangani masalah eksploitasi sumber daya manusia dalam pelayaran internasional. Dari kajian ini dapat dijelaskan bahwa dalam KHL PBB 1982, Pasal 94 Ayat 2 (b) dan 3 (b) terdapat kewajiban yang dibebankan kepada Negara Bendera untuk ikut bertanggung jawab jika ABK mendapatkan suatu masalah. Sementara itu, sebagai agen khusus PBB, IMO telah mengadopsi satu Kode Manajemen Internasional dengan tujuan untuk memastikan keselamatan manusia dan menghindari kerusakan lingkungan laut. IMO, ILO dan Ad Hoc juga membentuk kerja sama tripartit untuk mengatur hal-hal yang berkaitan dengan ketenagakerjaan di laut. Kata Kunci: anak buah kapal; IMO; ILO; keselamatan dan keamanan ABSTRACTExploitation of workers on the high seas, especially the ship's crew, is still common. Although not specifically regulated, the safety and security of the ship's crew can be linked to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Article 94. The purpose of this study is to explain the relationship between Article 94 UNCLOS and the protection of ship's crew, the role of International Maritime Organization (IMO) in the safety and security of ship's crew, and cooperation between IMO and ILO in dealing with the problem of exploitation of human resources in international shipping. From this study, it can be explained that in the 1982 United Nations Convention on the Law of the Sea, Article 94 Paragraphs 2 (b) and 3 (b) there was an obligation imposed on the Flag State to take responsibility if the ship's crew had a problem. Meanwhile, as a UN special agent, IMO has adopted an International Management Code to ensure human safety and avoid damage to the marine environment. IMO, ILO and Ad Hoc also formed tripartite cooperation to regulate matters related to employment at sea.Keywords: ILO; IMO; security and safety; ship's crew

The LOSC as a Package Deal and Its Implications for Determination of Customary International Law

2020 ◽  
Vol 35 (4) ◽  
pp. 704-739
Author(s):  
Xuexia Liao
Keyword(s):  
International Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Not Given ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
United Nations Convention

Abstract This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.

scholarly journals Historic Rights in African State Practice

2019 ◽  
Vol 7 (2) ◽  
pp. 166-188
Author(s):  
Edwin Egede
Keyword(s):  
International Law ◽  
African State ◽  
Law Of The Sea ◽  
Legal Obligation ◽  
State Party ◽  
Customary International Law ◽  
State Practice ◽  
Dash Line ◽  
United Nations Convention ◽  
The Law

Abstract Historic rights in the law of the sea has been given prominence since the publication by China of the so-called nine-dash line map. Certain States have challenged this claim as inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS) to which China is a State Party. On the other hand, it has been argued that although historic rights claims are not comprehensively regulated by the UNCLOS they are actually governed by the principles of general international law. Consequently, this would require establishing if there is a general and consistent practice of States followed by them from a sense of legal obligation which establish historic rights claims are consistent with Customary International Law. This article explores the State Practice of African States in order to determine whether these States acknowledge and recognize historic rights claims as consistent with contemporary law of the sea.

scholarly journals Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths

2020 ◽  
Vol 4 (1) ◽  
pp. 1-18
Author(s):  
Nur Arissa Izzati ◽  
Chusnul Qotimah Nita Permata ◽  
Miftah Santalia
Keyword(s):  
South China Sea ◽  
United Nations ◽  
International Law ◽  
Dispute Resolution ◽  
South China ◽  
Law Of The Sea ◽  
International Court ◽  
United Nations Convention ◽  
Malacca Strait

Conflicts or disputes over maritime boundaries often occur, disputes that cause two or more countries are one of the authorities of their respective countries to conduct negotiations so as not to cause prolonged conflict or dispute. Border disputes between sea, island, and state are included in the affairs of the international court through the role of international law, such as the dispute between Indonesia and Vietnam in the Natuna Sea region which mutually claims sea borders both the continental shelf boundaries and the Exclusive Economic Zone (EEZ) boundaries, disputes between Indonesia and Malaysia in the Malacca Strait, the South China Sea Dispute, and so on. The existence of unilateral claims from each country there are still problems regarding sea borders that cause relations between countries experiencing conflict. Problems that cause disputes between countries are caused because the negotiations between the two parties have not been completed, violations occur by the disputing countries, there are still unclear sea boundaries, and others. The United Nations Convention on The Law of the Sea (UNCLOS) 1982 is an international maritime law that applies in the resolution of disputes at sea, but only countries that have ratified UNCLOS can apply this international sea law. In resolving this dispute a country can do with two channels namely litigation and non-litigation, where litigation is used for the last point in this dispute through ITOLS. The purpose of writing this article is to find out how the effectiveness of sea base dispute resolution in Indonesia through litigation and non-litigation.

7 Fishing and the Conservation of Marine Living Resources

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
International Law ◽  
Marine Mammals ◽  
Code Of Conduct ◽  
Legal Framework ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The Law ◽  
Regional Fisheries Management Organizations ◽  
Law Making

Chapter 7 reviews the legal framework for the regulation of fishing in the United Nations Convention on the Law of the Sea (UNCLOS) and explains how States have developed additional rules and standards for the conservation of marine living resources at global and regional levels. In particular, the analysis considers the extent to which States have implemented a precautionary and ecosystems approach to fisheries, as well as how they have sought to adopt law-making techniques that overcome the challenges of regulating the open-access resources of the high seas. The chapter covers major developments in the international law of fisheries, including the Code of Conduct on Responsible Fisheries, the Fish Stocks Agreement, the Port State Measures Agreement, and the International Guidelines on Deep-Sea Fisheries. The role of Regional Fisheries Management Organizations (RFMOs) in implementing these instruments is considered a key feature of the law-making process. The chapter also addresses the specific regimes that apply to anadromous species, catadromous species, and marine mammals.

8 The Exclusive Economic Zone

2015 ◽  
Author(s):  
Andreone Gemma
Keyword(s):  
United Nations ◽  
International Law ◽  
Future Development ◽  
Controversial Issue ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Future ◽  
United Nations Convention

The role of the Economic Exclusive Zone (EEZ) in the international law of the sea remains a controversial issue two decades after the 1982 United Nations Convention on the Law of the Sea (LOSC) came into force. This chapter examines the evolution of the concept and its juridical nature, and the legal regime applicable to the EEZ. It considers the future development of the EEZ legal regime, exploring the principal controversial features that may influence its course.

Part V Regional Perspectives on Global Ocean Governance, 11 The African Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Vrancken Patrick
Keyword(s):  
International Law ◽  
Negotiation Process ◽  
International Negotiation ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Ocean Governance ◽  
Transport Safety ◽  
African Perspective ◽  
United Nations Convention

This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.

Sign in / Sign up

Export Citation Format

Share Document