Next >

Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force

South China Sea since 2000 Iran Russia United States freedom of navigation operations Other nations The law Outline General principles on the use of force and their application at sea The right to use force in general international law The use of force at sea involving warships – the cases Conclusion – collected rules from case law on the use of force at sea Unit and collective self-defence Unit self-defence v national self-defence?Collective self-defence Imminence Conclusion Proportionality and the threshold of armed conflict Proportionality The applicability and relevance of the law of armed conflict Conclusion Territorial and internal waters Territorial sea Internal waters Case study – submerged contacts in Swedish waters in the 1980s Conclusion Straits and archipelagos International straits Archipelagic waters and archipelagic sea lanes Under a UNSCR?Conclusion International waters Exclusive economic zone Contiguous zone High seas De-escalation and disputed waters Conclusion

Next >

United States freedom of navigation operations
The United States maintains a deliberate and active programme of diplomatic and operational challenges to maritime claims which it determines to be excessive, whether in respect of the geographical extent of the claim or iii the functional restrictions applying within particular zones. Despite not being...
(Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force)
“First Law of the Sea: Never Place Yer Rear End on a Pirate’s Face”
There are various rules which many of us follow in our everyday lives: moral rules, rules for playing chess, rules of etiquette, rules for cooking that Sunday roast just right, and (at least if Metalbeard has his way) rules against sitting on a pirate’s face. We also typically recognize that there...
(LEGO and philosophy : constructing reality brick by brick)
Law of the Sea and Transnational Organised Crime
Alexander Proelss and Tobias Hofmann In its 2004 report ‘A more secured world: our shared responsibility’ UN Doc. A/59/565 of 2 December 2004, ‘A more secure world: our shared responsibility—Report ofthe High Level Panel on Threats, Challenges and Change.’ the High...
(International Law and Transnational Organized Crime)
Maritime Zones and Jurisdiction under the International Law of the Sea
The international law of the sea as it stands today is the result of a compromise that reconciles vital (security) interests of coastal states on one hand with the interest of other states, whether coastal or not, in using the seas to the fullest possible extent on the other.13 Since the entry into force...
(International Law and Transnational Organized Crime)
Application of United Nations Convention on the Law of the Sea (UNCLOS)
The 2012 ASEAN foreign ministers statement brokered by Minister Natalegawa also listed among its principles "the full respect of the universally recognised principles of international law, including the 1982 United Nations Convention on the Law of the Sea." The Chairman's Statement from November 2012...
(Territorial disputes in the South China Sea : navigating rough waters)
International Tribunal on the Law of the Sea (ITLOS)
ITLOS, based in Hamburg of Germany, is a judicial body established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to adjudicate disputes arising out of the interpretation and application of the Convention between state parties. Bangladesh ratified the Law of the Sea Convention in...
(Bangladesh and International Law)
The role of seabed activities in the development of the law of the sea
In its six-volume project on the law of the sea, the Centre for Oceans Law and Policy commences its chronology of‘significant law of the sea events’ with UNCLOS I Maritime boundary delimitation 7 (held in Geneva from 24 February until 27 April 1958). Myron H Nordquist, United Nations Convention...
(Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe)
The 1958 United Nations Conference on the Law of the Sea
In its eighth session in 1956, once the discussions on the regime of the high seas, continental shelf and territorial waters had been concluded and the respective draft articles had been formed, the ILC called upon the UN General Assembly (UNGA) to convene a diplomatic conference on the international...
(Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe)
The Third United Nations Conference on the Law of the Sea (1973–1982)
The adoption of four treaties at UNCLOS I was a significant first step in bringing some ‘certainty, precision and uniformity’ in the international law of the sea. Memorandum Submitted by the Secretary - General ‘Survey of International Law in relation to the Work of the Codification of International...
(Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe)
Joint development in the law of the sea
The discussion above illustrates that the sovereign right of States to explore for and exploit seabed resources constitutes the substantive legal basis upon which any agreement concerning the development of such resources is to be negotiated, constructed and implemented. However, whether there is a legal...
(Maritime Disputes and International Law: Disputed Waters and Seabed Resources in Asia and Europe)