Election of the judges for ITLOS

On 13 June the States Parties to the UN Convention on the Law of the Sea elected seven members of the International Tribunal for the Law of the Sea (press release). Among the judges that were re-elected for another term of nine years (beginning 1 October 2008 ) is the president of the Tribunal, Judge [...]

European Court of Justice refuses to rule on compatibility with Law of the Sea Convention

The long-awaited decision of the European Court of Justice (ECJ) over the compatibility of Directive 2005/35 with the international law of the sea was handed down on 3 June. It has been almost two years since the case was referred to the ECJ by the English High Court . Many of those waiting for the [...]

New opportunities for the settlement of law of the sea disputes in Latin America

Latin American states have come to a new agreement concerning the use of the International Tribunal for the Law of the Sea as a forum for the settlement of law of the sea disputes. According to a press release issued by the Tribunal, the arrangement foresees that when states from the region are involved in [...]

International Court of Justice determines Malaysia/Singapore sovereignty dispute

The International Court of Justice delivered its judgment on 23 May in the Case Concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge. The case was jointly submitted by Singapore and Malaysia in 2003 by way of special agreement. Oral proceedings took place in November 2007 and the Court finally delivered its [...]

Is the “race for the North Pole” over?

Denmark, Greenland, Norway, Russia, Canada and the USA met in the so-called “Arctic Ocean Conference” – taking place in Ilulissat/Greenland between 27-29 May – in order to discuss how to “improve co-operation on the administration of the Arctic seas, where the environment is fragile”. The conference must be seen as a first step to reduce [...]

ITLOS awarded for its “meritorious contribution” to maritime law

The International Tribunal for the Law of the Sea has been recognised by the International Maritime Law Institute for its “meritorious contribution towards the development, interpretation and implementation of international maritime law.” The award was conferred on the Tribunal at the 2008 graduation ceremony of the Institute which took place on 3 May 2008 in [...]

Australia announces extended continental shelf

The territory of Australia has dramatically increased following the announcement on 21 April 2008 that its claim to an extended continental shelf has been approved by the Commission on the Outer Limits of the Continental Shelf. According to Martin Ferguson, Australian Minister for Resources and Energy, “Australia now has jurisdiction over an extra 2.5 million [...]

Protected Sea Area Arctic – a proposal on how to make the Arctic a legally protected area

Global warming is melting the arctic polar ice cap at an alarming rate. At the same a race is on for the natural resources, such as gas and oil, which previously have been inaccessible because of the ice. The more oil and gas consumed, the faster the arctic polar ice cap will melt.  The five [...]

Territorial and Maritime Dispute (Nicaragua v. Colombia), (Preliminary Objections), Judgment of 13 December 2007

Introduction This is a short commentary of the judgment on preliminary objections based on the ICJ’s press release No. 2007/30 of 13 December 2007. The case was brought before the ICJ by Nicaragua on 6 December 2001. Nicaragua argued that the dispute concerned inter alia the validity of the 1928 Treaty, the interpretation of the [...]

Extension of time-limits in the Case between Chile and the EC before the ITLOS (Sustainable Exploration of Swordfish Stocks)

Today the International Tribunal for the Law of the Sea (ITLOS), or rather the Special Chamber of the ITLOS which was formed by order of 20 December 2000, further extended the time-limits for the Case between Chile and the European Community concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean for one year until [...]

The USA and the Convention on the Law of the Sea

Will the USA really ratify the UN Convention for the Law of the Sea (UNCLOS)? This question has preoccupied much of the law-related public debate in the USA during the recent days. After the Senate Foreign Relations Committee (SFRC) on Wednesday last week (31 October) voted 17 to 4 in support of recommending the Senate [...]

Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea

On 8 October 2007, the International Court of Justice delivered its judgment in the Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea. The Case involved a dispute between Nicaragua and Honduras over the delimitation of their maritime boundary, as well as a sovereignty dispute over certain islands and cays [...]

Guyana – Suriname Arbitration under the 1982 Law of the Sea Convention

On 17 September 2007, an award was issued in the dispute between Guyana and Suriname under the 1982 Law of the Sea (LOS) Convention. It concerns the delimitation of the maritime boundary between Suriname and Guyana as well as the lawfulness of various acts committed by these states in the disputed maritime area. Dispute settlement [...]

Update on the Hoshinmaru Case

On Friday the ITLOS announced that Russia had released the Japanese fishing vessel Hoshinmaru and its crew following the courts judgment of 6 August 2007 (see earlier reports here, here and here). I guess this is another good example of the fact that public international law is indeed being followed by (most) States and that it [...]

Case 14 and 15 before the ITLOS

On 6 August 2007 the International Tribunal for the Law of the Sea (ITLOS) presented its judgments in the “Tomimaru” Case (No. 15) and “Hoshinmaru” Case (No. 14) – see also the previous entry of 31 July 2007: New Cases for the ITLOS. The Cases had been filed with the ITLOS on 6 July 2007 [...]

ITLOS to deliver judgment

On 6 August 2007, the ITLOS will deliver its judgments in the cases “Hoshinmaru” and “Tomimaru”, which had been brought before the court on 6 July 2007 (see the previous post).  A detailed comment on the judgments will follow as soon as they have been made public.

New cases for the ITLOS

On 6th July the International Tribunal for the Law of the Sea (ITLOS) received two applications on behalf of Japan and against the Russian Federation. According to the applications, Japan requests the prompt release of two fishing vessels and the crew of one of those vessels (the Hoshinmaru and 17 crew members and the Tomimaru). [...]

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