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ID:
158328
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| Summary/Abstract |
The authority vested in the President of the ITLOS by article 3 of Annex VII to the LOS Convention to appoint arbitrators for the Annex VII arbitral tribunal is important for the effective operation of the dispute settlement system established by the LOS Convention as well as for the ITLOS itself. There are some apparent irregularities in the practice of the President so far, and the transparency of the appointment process needs to be enhanced.
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| 2 |
ID:
172432
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| Summary/Abstract |
This article examines the practice of the international judicial and arbitral tribunals thus far in delimiting the continental shelf beyond 200 nm, and indicates the trend reflected in the decisions. However, the article disagrees with the critical observation of the tribunals that the delimitation method for the continental shelf beyond 200 nm should follow that within 200 nm. The delimitation of the continental shelf beyond 200 nm is essentially different from the single maritime delimitation within 200 nm, and various methods may be employed in order to achieve an equitable result in a particular case.
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| 3 |
ID:
178013
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| Summary/Abstract |
The exhaustion of local remedies (“ELR”) rule is applicable in the settlement of maritime disputes, and it is not limited to the case of diplomatic protection. So far the manner in which the tribunals under the UN Convention on the Law of the Sea dealt with the ELR issue in the cases of the flag State’s protection has raised the concern that the rule may become a dead letter in practice. Although the cases involved the protection of natural and legal persons by States, the tribunals rejected the objections to the admissibility of claims raised by the respondents based on the ELR rule in all cases. However, the approaches in which the tribunals dealt with the ELR issue are questionable, and the practice of the International Tribunal for the Law of the Sea contains dual imbalances. In the case of a mixed claim, the preponderance test suggested by the International Law Commission should be employed to determine the nature of the plaintiff’s claim as a whole. The test was mentioned in several cases, but it was not used correctly.
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| 4 |
ID:
142118
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| 5 |
ID:
142119
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| Summary/Abstract |
It is the first time the full tribunal of the ITLOS has entertained a request for advisory opinion. The Tribunal expounded the legal basis of its advisory function under the LOS Convention as well as the prerequisites for the exercise of the jurisdiction in a particular case. The Tribunal held that the flag State has the responsibility to ensure that its vessels do not conduct IUU fishing activities within the EEZ of the coastal State. However, there are some weaknesses in the reasoning of the ITLOS.
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| 6 |
ID:
122192
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| Publication |
2013.
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| Summary/Abstract |
The 2012 Nicaragua v. Colombia Case is the second instance where the International Court of Justice has employed the standard method in maritime delimitation since the 2009 Black Sea Case. The "standard method" involves three stages with the construction of a provisional equidistance line as the core of the methodology. There is no legal basis under the UN Convention on the Law of the Sea or customary law for the a priori position given to an equidistance line. Moreover, questions can be raised about the Court's operation at the second stage, which should consist of an adjustment or shifting of the provisional line rather than replacing it. Finally, the use of the disproportionality test as the touchstone for equity of the delimitation line is doubtful.
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| 7 |
ID:
147452
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| Summary/Abstract |
The two states in the Philippines v. China Case have continually reaffirmed in multiple documents and the 2002 Declaration on the Conduct of Parties in the South China Sea that they agreed to resolve their disputes in the South China Sea through consultations and negotiations. However, the Arbitral Tribunal in its Award on Jurisdiction held that no obligation of negotiation was provided for in these instruments because they were not legally binding agreements. Moreover, the Tribunal found that the Philippines had satisfied the “obligation to seek a solution through pacific means, including negotiation.” There are problems and deficiencies in the reasoning of the Tribunal respecting these findings.
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| 8 |
ID:
126073
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2013.
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| Summary/Abstract |
The advisory opinion rendered by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea in the Responsibilities and Obligations of the Sponsoring States case clarified some important issues concerning the deep seabed mining regime of the Convention on the Law of the Sea. Particularly, the obligation to ensure undertaken by the sponsoring State is an obligation of "due diligence"; the "necessary and appropriate measures" may also be used to clarify the due diligence obligation; the conditions for the liability of the sponsoring State to arise are defined; and the contractor and the sponsoring State do not bear joint and several liability. Nevertheless, some relevant issues need further clarification.
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| 9 |
ID:
112756
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2012.
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The three categories of the seafloor highs provided for in Article 76 of the 1982 United Nations Convention on the Law of the Sea should be interpreted from the legal perspective and in light of the principle of the natural prolongation. "Oceanic ridges of the deep ocean floor," which are not part of the natural prolongation of the land territory of the coastal state, are the submarine features that have no geomorphological continuity with the landmass of the coastal state. "Submarine elevations," which are not only part of the natural prolongation of the land territory of the coastal state but also the natural component of the continental margin, are those submarine features that have geomorphological as well as geological continuity with the landmass of the coastal state. "Submarine ridges," which are part of the natural prolongation of the land territory of the coastal state but not the natural component of the continental margin, are those submarine features that have geomorphological continuity with the landmass of the coastal state. There are some clear trends as well as obvious variances in the practice of the Commission on the Limits of the Continental Shelf in this regard.
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| 10 |
ID:
160920
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| Summary/Abstract |
The Timor Sea Conciliation is the first experience with the compulsory conciliation under Annex V of the 1982 United Nations Convention on the Law of the Sea. The Conciliation Commission addressed the objections to its competence as a preliminary matter and rendered a separate decision. This article examines the approach of the Conciliation Commission in dealing with its competence issues and the understandings of the Conciliation Commission as regards the relevant provisions of the 1982 Convention.
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