Response to the Request for Provisional Measures in the M/V Louisa Case

I have previously reported on this blog (here) on the dispute between Saint Vincent and the Grenadines on the one hand and Spain on the other hand concerning the arrest and detention the M/V Louisa and its tender, the Gemini III.  The International Tribunal for the Law of the Sea gave its order on provisional [...]

Prompt release of research vessels: MV Louisa

The latest case to come before the International Tribunal for the Law of the Sea raises some interesting questions about the availability of prompt release proceedings for vessels arrested for violating laws and regulations in the exclusive economic zone of a coastal state.  The case has been initiated by Saint Vincent and the Grenadines following [...]

The Case for an International Piracy Court

We have at several occasions here on International Law Observer raised the question of whether or not an international (ad hoc) court (could/) should be established to try pirates (see for example here, here, here and here). On Tuesday (27. April) the UNSC unanimously adopted a resolution in which a next and important step in this [...]

Establishment of a Marine Protected Area in the British Indian Ocean Territory – environment v human rights

The British Indian Ocean Territory (BIOT) is composed of a group of low-lying islands situated in middle of the Indian Ocean. The largest of the islands, Diego Garcia, is only 30 km2 in area.  The islands are subject to British control, although sovereignty over the islands is also claimed by Mauritius.  The British Government entered [...]

Proposed Canadian regulations on passage through arctic waters

Canada is planning to apply mandatory new rules to certain vessels passing through arctic waters to the north of the country.  According to the press release issued by the Canadian government: The proposed regulations would require vessels to report information such as identity and intended route before entering, while operating within and when leaving Canada’s [...]

UK-Argentine dispute over oil drilling off the Falkland/Malvinas Islands

There have been a number of news stories in recent days about a diplomatic row between the United Kingdom and Argentina concerning proposals to pursue exploration for oil and gas on the continental shelf off the Falkland/Malvinas Islands.  The Guardian reports that the Argentine government has issued a decree which will “in theory force all [...]

Clip of the week on piracy and international law

This week’s video clip is an interesting summary of how international law applies to the fight against piracy. The clip shows Professor John Norton Moore, director at the Center for National Security Law at the University of Virginia School of Law, talking inter alia about the applicable norms and what could be done on the [...]

Hugo Grotius’ ‘Mare Liberum’ – 400th anniversary

There are few individuals that have shaped international law as much as Hugo Grotius, the Dutch jurist, diplomat and philosopher, theologian and poet. His works include a comparison of constitutions (Parallelon rerumpublicarum), commentary on the law of prize and booty, a thesis on the free seas (Mare Liberum), a thesis on the law of war and peace (De [...]

Another voice supporting a ‘pirate court’

I just today stumbled across this month-old article reporting on the Dutch foreign minister’s demand for a UN backed tribunal for the trial of pirates in the East African countries. We have reported earlier on the apparent desire among certain (European) States to establish such an international court (inter alia to avoid any pirates being [...]

Major Deadline for Continental Shelf Submissions

As if it was not already busy enough, the workload of the Commission on the Limits of the Outer Continental Shelf just got much bigger. The deadline for those states who became a party to the Law of the Sea Convention prior to 13 May 1999 to make their submissions to the Commission was on [...]

Are Somali Pirates Mere Robin Hoods?

For some time now, the argument that the pirates terrorising the waters off the coast of Somalia are a combination of environmentalists and Robin Hoods has been popping up (although it has not received the same amount of attention as the gripping stories of how the pirates held captain Richard Phillips of the Maersk Alabama [...]

Continental Shelf Settlement for Norway

The Commission on the Limits of Continental Shelf (New York) has today decided that Norway’s claim on the limits of its continental shelf in the Northern Areas is justified, albeit with some exceptions. As a result, limits of the Norwegian continental shelf are clarified and Norway now has around 235 000 km2, and major part [...]

Piracy off the Horn of Africa Underscores the Need for a Comprehensive Effort on the Part of the International Community to Restore Order in Somalia

Piracy is not a new phenomenon. It has existed for probably as long as sailing itself. While it was largely believed to be something of the past, it has made a notorious comeback in the last decade or so. Piracy is a domestic crime, besides being a crime under the law of nations attracting universal [...]

ITLOS amends it rules on prompt release proceedings

On 17 March 2009, the International Tribunal for the Law of the Sea adopted an amendment to the rules relating to the prompt release of vessels.  The new rules change the way in which financial security may be posted to comply with the relevant provisions of the Law of the Sea Convention. Articles 73 and [...]

ITLOS Election

A Special Meeting of States Parties to the United Nations Convention on the Law of the Sea was convened on Friday 6 March in order to elect a judge to fill the vacancy created by the sad death of Judge Choon-Ho Park in November last year. In accordance with the practice of the States Parties, [...]

Waste and the Law

If you hold an interest in international environmental law, you might find the special rapport in this week’s Economist on waste interesting. Although waste does not at first sight concern international law and related areas, the rapport fascinatingly describes many of the challenges and problems which waste gives rise to.  Given that, on average, each [...]

Arctic ownership and the US approach to the law of the sea

Could the question of “Arctic ownership” push the US to sign the United Nations Law of the Sea Convention? As we have reported earlier, and as frequently reported in the media (see e.g. this latest article at tampabay.com), the support for the ratification of UNCLOS is growing by the day. Not only are prominent members [...]

Romania and Ukraine Maritime Boundary Case

I wanted to follow up on Gentian’s post on recent activity at the ICJ with a more detailed consideration of the judgment in the Case Concerning Maritime Delimitation in the Black Sea delivered by the Court at the beginning of February. Although both Romania and Ukraine are a party to the 1982 United Nations Convention [...]

Addendum: What to do with Captured Pirates

As a follow-up to Michael Passman’s recent guest contribution on What to do with Captured Pirates, you can now access his full article on the subject, which was originally published in volume 33 of the Tulane Maritime Law Journal 2008 (cit. 33 TUL.MAR. L.J. 1 (2008)). You can find the article here. Many thanks to both [...]

What to do with Captured Pirates

As the international community ramps up its fight against rampant piracy off the coast of Somalia, the patrolling naval forces have started to capture pirates. As recently as January 2, 2009, France captured pirates in the Gulf of Aden. Because this is not the Age of Sail and international law does not allow summary executions, [...]

Greenland takes another step toward independence

Final results of yesterday’s referendum in Greenland show that 75.54 per cent of voters voted for home rule and greater autonomy, whereas 23.57 per cent voted against. This result paves the way for Greenland’s eventual independence from Denmark and reaffirms its sovereign rights to manage its own natural resources. Home rule will come into force on [...]

Is there a case for an International Piracy Court?

While a number of European governments are preparing the EU’s mission against rampant pirate activities around the shore of Somalia, officials increasingly pose the question of what should be done with the pirates once they have been caught. This question has recently caused practical problems for a number of countries. It is reported that the [...]

New ITLOS President elected

José Luis Jesus of Cape Verde has been elected as the new President of the International Tribunal for the Law of the Sea, replacing previous President, Rüdiger Wolfrum of Germany. President Jesus will serve a three-year term until 2011. President Jesus is no stranger to the Tribunal as he has served on the judicial organ [...]

Coastal State Regulation of Marine Shipping (Symposium, 30-31 October 2008, University of Tromsø, Norway

The programme for the conference is found at this link: http://uit.no/jus/7237/13

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