scholarly journals Odpowiedzialność państw za szkody wyrządzone w środowisku morskim

2019 ◽  
pp. 191-202
Author(s):  
Janina Ciechanowicz-McLean
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Effective Action ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
International Law Commission ◽  
And Control ◽  
Law Commission

The States’ responsibility is a fundamental institution of international law. The International law Commission – IlC expressed that in the Articles on responsibility of States for International Wrongful Acts. The principles and rules governing States are more clear and certain because they are set out in the United Nations Convention on the Law of the Sea – UNCLoS. UNCLoS and the Articles of ILC provide mechanisms to hold States respon- sible if they fail to fulfil their obligations to prevent, reduce and control pollutions of the marine environment. The dispute settlement procedures in UNCLoS provide remedies for an effective action that are not available in most fields of transboundary pollution.

scholarly journals Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS

2021 ◽  
Vol 9 (2) ◽  
pp. 337-353
Author(s):  
Lan Ngoc Nguyen
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Applicable Law ◽  
Environmental Disputes ◽  
General Manner ◽  
United Nations Convention ◽  
Marine Environmental

Abstract Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.

The Freedom to Use the High Seas to Protect and Preserve the Marine Environment: Case Study of the Activities of The Ocean Cleanup

2021 ◽  
pp. 1-11
Author(s):  
Talitha Ramphal
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Marine Debris ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
High Seas

Abstract Activities to tackle marine debris are conducted on the high seas by The Ocean Cleanup. The high seas are open to all States and may be used as long this is consistent with the United Nations Convention on the Law of the Sea (LOSC) and other rules of international law. This article argues that the LOSC provides for the freedom to use the high seas to protect and preserve the marine environment, including tackling marine debris, when interpreting Article 87 of the LOSC in light of present day needs.

18 Courts and Tribunals: The ICJ, ITLOS, and Arbitral Tribunals

2015 ◽  
Author(s):  
Oxman Bernard H
Keyword(s):  
United Nations ◽  
International Law ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Institutional Constraints ◽  
The Icj ◽  
Municipal Law ◽  
United Nations Convention ◽  
International Tribunals ◽  
Settlement Of Disputes

The settlement of disputes between States is generally not regulated by municipal law and municipal courts but by international law regulated by treaty. Because States are not subject to the jurisdiction of international tribunals absent express consent, an important function of dispute settlement clauses in treaties is to indicate whether such consent is granted and, if so, with respect to which disputes before which tribunals. This chapter discusses the following: the obligation of states to settle disputes peacefully; the duty to arbitrate or adjudicate disputes under the United Nations Convention on the Law of the Sea (LOSC); choice of forum for compulsory settlement of LOSC disputes; nature of dispute; procedural and substantive limitations on jurisdiction under Section 2 of Part XV of the LOSC; and institutional constraints on the exercise of jurisdiction.

scholarly journals Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Pierre Klein ◽  
Tiến Vinh Nguyễn
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
New Developments ◽  
Judicial Decisions ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

Status of Forces under the UN Convention on State Immunity

2006 ◽  
Vol 55 (2) ◽  
pp. 427-436 ◽  
Author(s):  
Andrew Dickinson
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
State Immunity ◽  
Deep Appreciation ◽  
Un General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

The United Nations Convention on Jurisdictional Immunities of States and Their Property was adopted by the UN General Assembly on 2 December 2004.1 The General Assembly recorded, in the first paragraph of its resolution adopting the Convention, its ‘deep appreciation to the International Law Commission and the Ad Hoc Committee on jurisdictional Immunities of States and their Property for their valuable work on the law of jurisdictional immunities of States and their property’. Whatever view one takes as to the merits of the Convention text or the prospects of its success,2 it cannot be doubted that this acknowledgment was well deserved—it is, if anything, an understatement to describe the conclusion of a detailed international instrument on state immunity, embodying the restrictive theory of immunity, as a ‘diplomatic triumph’.

Arigo and Others v. Swift and Others

2021 ◽  
Vol 195 ◽  
pp. 295-373
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Environmental Damage ◽  
Restricted Area ◽  
Customary International Law ◽  
United Nations Convention ◽  
The Law

295State immunity — United Nations Convention on the Law of the Sea, 1982 — Articles 30, 31 and 32 — Rules applicable to warships — Non-compliance by warships with laws and regulations of coastal State — United States vessel entering restricted area of Philippine waters — Responsibility of flag State for damage caused by warship — Immunities of warships — Philippines–United States of America Visiting Forces Agreement, 1998 — Whether any waiver of immunity — Role of executiveSea — Treaties — United Nations Convention on the Law of the Sea — Convention not ratified by United States — Customary international law — Coastal State rights — Marine environment — Whether relevant provisions of treaty codifying customary international law — Whether United States responsible for environmental damage — Whether United States immune from suitJurisdiction — United States vessel entering restricted area of Philippine waters — Whether act jure imperii — Environmental damage — Whether United States having immunity — Whether Philippines barred from exercising jurisdiction over United States respondents — Article XVI of Philippines Constitution, 1987Environment — Marine environment — Right to a healthful ecology — Intergenerational responsibility — Writ of Kalikasan — The law of the Philippines

scholarly journals THE PRESCRIPTIVE AND ENFORCEMENT JURISDICTION OF A COASTAL STATE IN RELATION TO SHIP SOURCE POLLUTION OCCURS IN ITS VARIOUS MARITIME ZONES, UNDER THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AND THE CUSTOMARY INTERNATIONAL LAW

2020 ◽  
Vol 8 (11) ◽  
pp. 616-624
Author(s):  
Zacharias L. Kapsis ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Coastal State ◽  
United Nations Convention ◽  
The United Nations ◽  
International Conventions ◽  
Laws And Regulations

The coastal state jurisdiction is the jurisdiction enjoyed by a coastal state in relation to breaches of regulations and laws by foreign flagged ships that take place within its various jurisdictional zones. The prescriptive and enforcement jurisdiction comprise the main power of a coastal state. Prescriptive is the jurisdiction to prescribe laws and regulations, while enforcement is the jurisdiction to enforce such laws. The rights and obligations of a state in relation to navigation and pollution are determined primarily by international conventions and customary international law. The 1982 Law of the Sea Convention (UNCLOS) is the most widely ratified convention in this field of law, outlining the rights and obligations of the states in relation to their variousmaritmezones as well as with respect to environmental protection.States have under UNCLOS the obligation to protect and preserve the marine environment and they are also under an obligation to take measures jointly or individually to reduce and prevent, control and reduce pollution of the marine environment from any source including the atmosphere and from vessels.In relation to ship source pollution there are various obligations.

Part IV Fundamental Rights and Obligations, 8 Introduction: The 1997 United Nations Convention and its Precursors

2019 ◽  
Author(s):  
McCaffrey Stephen C
Keyword(s):  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

This chapter discusses the 1997 United Nations Watercourses Convention. The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997 and entered into force on August 17, 2014. The UN Watercourses Convention represents an effort by the international community to reflect the general principles and rules of international law governing the use by states of shared freshwater resources, except for principles and rules concerning navigation. The working document on the basis of which the Convention was negotiated was the result of twenty years’ work by the International Law Commission, a subsidiary organ of the General Assembly charged with “the progressive development of international law and its codification.” The chapter then provides an overview of the provision of the Convention.

8. The international law of the sea

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
United Nations ◽  
International Law ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
Law Of The Sea ◽  
Spatial Partitioning ◽  
Short Introduction ◽  
Public International Law ◽  
The Law

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth's surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; examines a number of selected issues relating to the conservation of marine life; and discusses the protection of the marine environment. The final section provides a short introduction to dispute settlement in the law of the sea.

scholarly journals Testing International Legal Regimes: The Advent of Automated Commercial Vessels

2018 ◽  
Vol 60 (1) ◽  
pp. 109-142 ◽  
Author(s):  
Aldo Chircop
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
New Era ◽  
Legal Development ◽  
New Directions ◽  
United Nations Convention ◽  
And Control ◽  
Regulatory Impacts

International shipping is on the eve of a new era where remotely controlled and partially or fully automated and unmanned Maritime Autonomous Surface Ships (MASS) will be carrying international trade. The regulation of navigation and shipping in the contemporary international law of the sea and international maritime law are premised on human presence and control on-board ships. Provisions of the United Nations Convention on the Law of the Sea of 1982 and several maritime conventions will need to be revisited to determine how MASS may be accommodated and, where not possible, what further legal development may be needed. Recently, the International Maritime Organization (IMO) decided to address the expected regulatory impacts of these ships and to prepare an agenda for their proactive regulation. This article explores regulatory impacts that would need to be considered and argues that MASS have the potential to provide new directions for international law and the IMO.

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