Archivo de Etiquetas: law of the sea

Irregular migration after the Aquarius incident: moving beyond the law. A reflection on Fink and Gombeer Introduction Last month, EJIL: Talk! published a piece by Fink and Gombeer on the legality of Italy and Malta’s recent failure to provide a safe haven to a rescue vessel Aquarius. Essentially, the authors concluded …

The Aquarius incident: navigating the turbulent waters of international law Between Saturday 9 June and Sunday 10 June, 629 migrants were rescued from overcrowded boats in the Central Mediterranean in search and rescue (SAR) operations carried out by NGOs and the Italian navy. They were taken on board by the …

A new twist in the South China Sea Arbitration: The Chinese Society of International Law’s Critical Study On Monday 14 May 2018 the Chinese Journal of International Law, an Oxford University Press journal, published an extraordinary 500 page “Critical Study” of the Awards on jurisdiction and the merits in the …

A Commentary on the Maritime Delimitation Issues in the Croatia v. Slovenia Final Award I. Introduction An arbitral tribunal, constituted under the auspices of the Permanent Court of Arbitration, issued its final and unanimous award in the Croatia v. Slovenia case on 29 June 2017. The arbitration concerned a territorial and …

Of Fire and Fury: The Threat of Force and the Korean Missile Crisis by Mohamed Helal [Mohamed Helal is an Assistant Professor of Law, Moritz College of Law & Affiliated Faculty, Mershon Center for International Security Studies – The Ohio State University.]  Wars of Words and Tweets The recent escalation …

Port State Jurisdiction Beyond Oceans Governance: The Closure of Ports to Qatar in the 2017 ‘Gulf Crisis’ 5 June 2017 witnessed numerous states severing diplomatic ties with Qatar, including Bahrain, Egypt, Saudi Arabia (see also part 2, part 3) and the United Arab Emirates (UAE). These were later joined by …

The ICJ’s Preliminary Objections Judgment in Somalia v. Kenya: Causing Ripples in Law of the Sea Dispute Settlement? On 2 February 2017, the International Court of Justice handed down its Judgment on preliminary objections in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). Somalia had brought …

The South China Sea Arbitration is Here! And China Will Not Be Happy by Julian Ku The much-anticipated long awaited South China Sea Arbitration award on the merits is here!  It is a slam-dunk, complete, utter, massive, total legal victory for the Philippines on all counts (lots of metaphors here, …

Philippines Initiates Arbitration Against China over South China Seas Dispute Today, the Philippines has initiated arbitral proceedings against China with regard to China’s claims over much of the South China seas. Those Chinese claims have led to serious disputes between China and several of its neighbours in East Asia with those disputes …

From the North Sea to the Bay of Bengal: Maritime Delimitation at the International Tribunal for the Law of the Sea Last week, the International Tribunal for the Law of the Sea delivered its judgment in the Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay …