Sedentary Fisheries and Article 2(4) of the Convention on the Continental Shelf —A Plea for a Separate Regime

1969 ◽  
Vol 63 (1) ◽  
pp. 86-97 ◽  
Author(s):  
L. F. E. Goldie
Keyword(s):  
Natural Resources ◽  
Continental Shelf ◽  
International Law ◽  
The Other ◽  
Other Hand ◽  
Definition Of ◽  
International Law Commission ◽  
General Community ◽  
Law Commission

The open-endedness of the Continental Shelf Convention renders it vulnerable to misuse as a camouflage for extravagant claims by states seeking to extend their coastal jurisdiction far out into the abyss until, perhaps, they meet in an oceanic thalweg. The definition of the continental shelf in terms of exploitability and the inclusion of “sedentary species” among the “natural resources” of the continental shelf are the two greatest sources of this indeterminacy. Their elimination from the Convention would greatly reduce its fictional elements—the false colors it now provides for grandiose ambitions. On the other hand, the comment which follows does not purport to investigate the basic choice between accepting the exclusive competence of coastal states over sedentary fisheries and general community freedom from such competence. Assuming those issues to be beyond its scope, it is limited to the pragmatic evaluation of including sedentary fisheries within the scope of the continental shelf regime or, alternatively, of restoring a modified version of the Sedentary Fisheries Article which the International Law Commission proposed in 1951.

Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

The Twenty-Fourth Session of the International Law Commission

1973 ◽  
Vol 67 (1) ◽  
pp. 84-101 ◽  
Author(s):  
Richard D. Kearney
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
State Responsibility ◽  
Unfinished Business ◽  
Complete Work ◽  
State Succession ◽  
International Law Commission ◽  
Fourth Session ◽  
Law Commission

The agenda that faced the International Law Commission at the first meeting of the 24th session on May 2, 1972, was a formidable one. The 23rd session in 1971, despite an extension to fourteen weeks in place of the usual ten, had been able to complete work on the draft articles on the Representation of States in their Relations with International Organizations only by concentrating on that subject to the substantial exclusion of other topics. As a consequence the Commission had not made any real progress on the other active subjects before it, which included State Succession in respect of treaties and in respect of matters other than treaties, as divide between two Special Rapporteurs, State Responsibility, the Most-Favoured-Nation Clause, and Treaty Law of International Organizations. In addition, the Commission had before it another piece of unfinished business, the review of its longterm program of work in light of the wide-ranging and thoughtful “Survey of International Law” which had been prepared in 1971 by the U.N. Secretariat at the Commission request.

3 The Law of Treaties

2021 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
International Law ◽  
Special Rapporteur ◽  
The Third ◽  
Positive Law ◽  
The Law ◽  
Definition Of ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

This chapter discusses how peremptory norms/jus cogens entered positive law with the Vienna treaties on treaties. Jus cogens was first included in the work of the International Law Commission (ILC) with the Third Report of G.G. Fitzmaurice, Special Rapporteur on the Law of Treaties, under the heading ‘legality of the object’. The first two special rapporteurs on the law of treaties supported the notion of peremptory norms in international law. During ILC work on the law of treaties, however, most of the members joined the ILC’s fourth special rapporteur on treaty law, Sir Humphrey Waldock, who sought to reconcile jus cogens with the doctrine of positivism. They spent little time speculating on the origin of jus cogens. The final ILC draft on the law of treaties was produced by Waldock. The work of the ILC on the law of treaties was based essentially on the notion of barring illegal agreements as a general principle of law. The chapter then provides a definition of jus cogens norms.

The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC

2011 ◽  
Vol 13 (3) ◽  
pp. 223-235 ◽  
Author(s):  
Raya Marina Stephan
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Oil And Gas ◽  
General Assembly ◽  
Proper Management ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission

AbstractIn 2002, the UN International Law Commission added to its program of work the topic of Shared Natural Resources: transboundary groundwater, oil and gas. Six years later, the UN ILC completed its work on the first sub-topic by adopting at second reading nineteen draft articles on the law of transboundary aquifers. The draft articles were then deferred to the UN General Assembly, which adopted Resolution A/RES/63/124 including the draft articles in annex. In the Resolution, the UN GA “encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles”.The paper will go through the main principles codified in the draft articles. The UN ILC had benefited from a unique cooperation on the science of hydrogeology from UNESCO’s International Hydrological Program; hence it considered and covered issues of main importance for hydrogeologists.

The Fifty-Seventh Session of the International Law Commission

2006 ◽  
Vol 100 (2) ◽  
pp. 416-428 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Diplomatic Protection ◽  
International Liability ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission

The International Law Commission held its fifty-seventh session in Geneva from May 2 to June 3, and from July 11 to August 5, 2005. The Commission continued its work on shared natural resources, reservations to treaties, responsibility of international organizations, unilateral acts of states, and fragmentation of international law. It began work on the effect of armed conflict on treaties and expulsion of aliens, and decided to begin work next year on the obligation to prosecute or extradite. It took no further action for the time being on diplomatic protection or on international liability for transboundary harm, pending the receipt of comments from governments on the texts adopted on first reading in 2004.

Modifying the UN Charter through Subsequent Practice: Prospects for the Charter's Revitalisation

2012 ◽  
Vol 81 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Jessica Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Vienna Convention ◽  
Member States ◽  
Functional Potential ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Despite the vast challenges facing the United Nations in its ever expanding mandate, the task of reforming the organisation remains encumbered by its onerous amendment procedures. Recent attempts to instigate formal changes to the Charter of the United Nations have all failed. In this context, it is argued that greater attention should be paid to the other ways in which changes can be made to the Charter. The subsequent practice of member states and organs can play an important role in informing changes to the Charter's application. The idea that treaties can be modified through subsequent practice is not new under international law. While it was rejected as a principle that should be codified under the Vienna Convention on the Law of Treaties, its utility is being presently re-considered by the International Law Commission. However, the functional potential of this doctrine vis-à-vis the Charter has attracted little academic scrutiny. This article pre-empts some of the issues that will be examined by the Commission, arguing that it is time to expand the role of subsequent practice, by not only using practice to inform interpretations to the Charter, but to embrace the opportunity for amendments to be also made through the subsequent practice of parties. This approach promises to open up greater prospects for the Charter's revitalisation. If the conditions for modification are carefully considered, the doctrine can be a useful instrument for Charter reform.

The Work of the International Law Commission on Shared Natural Resources: The Pursuit of Competence and Relevance

2006 ◽  
Vol 75 (2) ◽  
pp. 321-338
Author(s):  
Juha Rainne
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Present Article ◽  
21St Century ◽  
Subject Matter ◽  
State Sovereignty ◽  
Minimum Requirements ◽  
Difficult Challenge ◽  
International Law Commission ◽  
Law Commission

AbstractA growing demand for rules that regulate the use of shared or transboundary natural resources is evident. The exploitation of water, oil or other transboundary natural resources in one state may often have consequences that delimit the possibilities of the neighbouring state to exploit the same resources. As natural resources in the boundary areas are expected to be a major source of controversy in the 21st century, it is reasonable to call for the development of norms that would set the minimum requirements for international co-operation and the maximum limits of state sovereignty in the utilisation of transboundary natural resources. The present article addresses the matter by analysing the work of the International Law Commission on the topic of shared natural resources. The Commission faces a difficult challenge as it undertakes to universally regulate a subject matter that is highly technical and politically sensitive and encompasses diverse regional situations. It is argued that the relevance of the work of the International Law Commission in this field and the competence of its legal experts can be questioned, as the Commission balances between too general and too technical an approach to the topic.

scholarly journals Crimes against humanity in the works of the International Law Commission on the draft articles on the prevention and punishment of crimes against humanity

2020 ◽  
Vol 8 (2) ◽  
pp. 9-44
Author(s):  
Krzysztof Masło
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Definition Of ◽  
International Law Commission ◽  
Domestic Law ◽  
Law Commission

Crimes against humanity, besides war crimes, belong to the most frequently committed and prosecuted crimes of international law. Recently, the International Law Commission adopted draft Articles on the prevention and punishment of crimes against humanity, bridging the gap in international criminal law and in international cooperation between states. When discussing the draft Articles on the prevention and punishment of crimes against humanity, the International Law Commission did not act in a vacuum. The issue of understanding crimes against humanity and the obligations of states related to the prevention and punishment of these crimes has appeared in the works of the Commission since the 1950s, primarily in connection with the development of the draft Code of crimes against the peace and security of mankind and the statute of the International Criminal Court. Based on its previous experiences, the International Law Commission focused on four issues to be covered by the draft Articles: 1) definition of crimes against humanity; 2) the obligation of states to criminalise such crimes in domestic law; 3) the obligation of states to cooperate in the investigation, prosecution and punishment of these offences; 4) the duty of aut dedere aut judicare fortified by the perpetrator’s stay in the territory of the state party. Considering the broad support for the definition of crimes against humanity adopted in the ICC Statute and its complementary character, the International Law Commission adopted the definition of art. 7 of the ICC Statute. The works of the International Law Commission are focused on the obligations of countries related to prevention and punishment of crimes against humanity, especially: the obligation to criminalise crimes against humanity and to establish jurisdiction over those crimes. The International Law Commission also formulated a series of obligations of states with a procedural character in the draft Articles, for example, obligation to conduct prompt and efficient criminal proceedings, the purpose of which is to explain all the circumstances of the crime and to punish the guilty person or persons.

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