Law Of The Sea Research Articles

Legal Status of Coastal Deprived States: Trapped States

This article focuses on the legal status of coastal-deprived states. Its objective is to illustrate the rights of a state that is confined and geographically impacted within the exclusive economic zone's living wealth. Additionally, it aims to highlight international variations in the rights of a state that is confined and geographically affected within the exclusive economic zone, as established by the Third Conference on the Law of the Sea. The research focuses on establishing the legal definition of a locked-in state. The present study has adopted an analytical technique to examine the entitlement of states that are geographically impacted and trapped to exercise their right to participate in the welfare of living riches on the high seas. Numerous conclusions and recommendations have been derived, with the foremost being the necessity to revise the Convention on the Law of the Sea on the provisions concerning the status of states lacking beaches and geographically impacted states. This amendment is crucial in safeguarding their entitlement to utilize the open ocean and partake in all fishing, mobility, and exploration endeavors to extract minerals and sustain their livelihoods.

To Blockade or Not To Blockade? The Legal Status of Russia's Suspension of Shipping in the Sea of Azov

AbstractThis article explores the legal situation relating to the Sea of Azov in the light of the Russian suspension of shipping on 24 February 2022. While this act received little scholarly or political attention, there is a debate concerning the legality of the suspension of shipping, mainly whether it is governed by the law of naval blockade under the laws of naval warfare. The article analyses the situation from the perspectives of both international humanitarian law (IHL) and the law of the sea (LOS) and examines how the interaction between the two legal regimes affects the analysis. The article supports the conclusion that the Russian conduct does not constitute a naval blockade but may be an accepted practice within the legal regime of naval warfare. In addition, it holds that LOS affects both the laws of naval warfare and the status of the Sea of Azov. Furthermore, the article raises doubts as to the relevance and applicability of the legal concept of naval blockade in modern international law.

The impact of Chinese history on perceptions of the Law of the Sea in the South China Sea

ABSTRACT The South China Sea (SCS) disputes reveal the centrality of maritime spaces for the political, economic and social life of East and Southeast Asia. It also exposes the tension between states’ actions and the currently accepted interpretation of the Law of the Sea (LoS). Focusing on China, we explore this tension by tracing historic Chinese understandings of maritime space and what constitutes ‘China’ as well as how the ‘Century of National Humiliation’ and crises in the early 20th century interacted with this history to turn the SCS into an important space in the Chinese geobody. Additionally, we assess how China’s contested entry into a Western-led system of International Law that was already well on its way to modern form influenced the way China came to understand maritime spaces within the international legal system.

The advisory role of international courts in the evolution of human rights law

Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth.3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, assessing key areas of international law, such as law of the sea, international environment law and international human rights law. Note that, in this paper we focus on the particular impact of the advisory opinions on the human rights law.

Cases relating to the law of the sea: Issues of jurisdiction of the International Court of Justice

The law of the sea (LOS) cases regularly appear on the International Court of Justice’s (ICJ) docket, allowing it to rule on important substantive aspects of this branch of international law. The article focuses on the way these cases have “carved” the Court’s approaches to jurisdictional issues throughout its history. Combining theoretic and practical considerations, the study explores and assesses each jurisdictional basis set forth in Art. 36 of the Statute of the ICJ through the lens of law of the sea disputes considered by the Court: special agreements, jurisdictional clauses of treaties and “Optional clause” declarations. The study also analyses the modern trends in the settlement of the law of the sea disputes in the ICJ, their root causes, the practical “strengths and weaknesses” of various jurisdictional tools for seizin the ICJ, as well as the consequences of some of its key judgments for the future of dispute resolution in the law of the sea. The article also challenges — from a purely legal standpoint — the relevant terms (jurisdiction, competence, reservations and conditions) used in academic sources, political discourse and even in official documents on the jurisdiction of the Court. Due to a variety of fora that may be chosen by States to refer the LOS disputes, the study offers a helpful recapitulation of how the Court’s general approaches to jurisdiction were applied in the specific context of the LOS cases, which may serve as a basis for further comparative studies of jurisdictional approaches of other bodies competent to deal with the LOS disputes, inter alia providing valuable information for decision-makers on the prospects of lodging a potential application.

The Salient Dynamics of Cross-Border Ocean Governance in a Regional Setting: An Evaluation of Ocean Governance Systems and Institutional Frameworks in the Guinea Current Large Marine Ecosystem

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.

Maritime Security Dynamics of Archipelagic States with Focus on Maldives

Archipelagic waters are created when an archipelagic state meeting the qualifications of article 47 of the Law of the Sea (LOS) convention draws archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago. Maldives is an archipelagic state with 99.7% of the area is sea situated in the birthplace of maritime civilization- the Indian Ocean. In recent years, Maldives has seen a growing inclination towards its maritime environment with the expanding economy fuelled by growing international tourism, shipping, overseas trade and fisheries. Owing to the strategic position of the country and its proximity to vital Sea Line of Communication (SLOC) that are infested with rising threats and crimes. Though Maldives does not have any territorial disputes with neighboring countries, country is facing great challenges in dealing with narcotics, ERF and other non- traditional maritime threats especially environmental challenges. Maldives is facing various threats for her existence other than the issues faced due to climate changes. To deal with these challenges Maldives maritime agencies need to be conceptualized, instead of Marine Police under the Maldives Police Service, and other government institutions such as Customs Marine Department under Maldives Customs Service and Immigration Marine Department under Maldives Immigration working independently. Maldives Maritime Authority can be formed to work under one umbrella to oversee functions of the above mentioned departments. Hence law enforcement at sea will be more effective, economizing the effort and resources while serving the people effectively to deter future threats and uncertainty.

Oceans and the Law of the Sea Report of the Secretary-General, 2020

Oceans and the Law of the Sea Report of the Secretary-General, 2020

Law of the Sea (2019)

Law of the Sea (2019)

Problems of delimitation of the Sea of Azov and the Kerch Strait

The article gradually considers the negotiation process between Ukraine and the Russian Federation on the delimitation of theSea of Azov and the Kerch Strait from 1991 to the present. It was established that according to the map of the inter-republican borderbetween the Ukrainian SSR and the Russian SSR, and according to the division of maritime waters on the basis of international law,Russia should get a smaller part of the Sea of Azov. That is why Russia was not interested in the rapid establishment of a state borderon water. It was advantageous for Russia to delay the negotiation process on this issue and use the Sea of Azov on the same terms asbefore the collapse of the USSR.The article also focuses on numerous attempts of Ukrainian diplomats to achieve legal certainty in the delimitation of the Sea ofAzov and the Kerch Strait. A total of 36 rounds of border talks about the Sea of Azov and the Kerch Strait, held from 1996 to 2012under the leadership of the Ministry of Foreign Affairs of Ukraine, showed that Russia was ready to delimit the Sea of Azov only onits own terms but not on the basis of international maritime law.After the annexation of Crimea, a new round of relations begins regarding the division of the Black Sea. Russia acted quicklyand in March 2014 announced a tender for a construction project of a bridge that would connect mainland Russia and the CrimeanPeninsula, which at that time had already been illegally incorporated into the Russian Federation. Moscow has stated that the KerchStrait should be fully controlled by them, as both shores are Russian.In 2016, Ukraine filed a lawsuit against Russia in the Hague Arbitration Court for breaking the UN Convention on the Law ofthe Sea in the Black and Azov Seas and in the Kerch Strait. For today we don’t know what decision will be made by the Hague tribunal,but there is reason to believe that the chances for winning of Ukraine are high.The problem of the Sea of Azov and the Kerch Strait has no simple solution. For today the only option is to wait for a decisionof the Arbitration Tribunal. Only on its basis Ukraine will be able to achieve the best strategy of the relations with Russia on the delimitationthe Sea of Azov and the Kerch Strait.

Problems of delimitation of the Sea of Azov and the Kerch Strait

The article gradually considers the negotiation process between Ukraine and the Russian Federation on the delimitation of theSea of Azov and the Kerch Strait from 1991 to the present. It was established that according to the map of the inter-republican borderbetween the Ukrainian SSR and the Russian SSR, and according to the division of maritime waters on the basis of international law,Russia should get a smaller part of the Sea of Azov. That is why Russia was not interested in the rapid establishment of a state borderon water. It was advantageous for Russia to delay the negotiation process on this issue and use the Sea of Azov on the same terms asbefore the collapse of the USSR.The article also focuses on numerous attempts of Ukrainian diplomats to achieve legal certainty in the delimitation of the Sea ofAzov and the Kerch Strait. A total of 36 rounds of border talks about the Sea of Azov and the Kerch Strait, held from 1996 to 2012under the leadership of the Ministry of Foreign Affairs of Ukraine, showed that Russia was ready to delimit the Sea of Azov only onits own terms but not on the basis of international maritime law.After the annexation of Crimea, a new round of relations begins regarding the division of the Black Sea. Russia acted quicklyand in March 2014 announced a tender for a construction project of a bridge that would connect mainland Russia and the CrimeanPeninsula, which at that time had already been illegally incorporated into the Russian Federation. Moscow has stated that the KerchStrait should be fully controlled by them, as both shores are Russian.In 2016, Ukraine filed a lawsuit against Russia in the Hague Arbitration Court for breaking the UN Convention on the Law ofthe Sea in the Black and Azov Seas and in the Kerch Strait. For today we don’t know what decision will be made by the Hague tribunal,but there is reason to believe that the chances for winning of Ukraine are high.The problem of the Sea of Azov and the Kerch Strait has no simple solution. For today the only option is to wait for a decisionof the Arbitration Tribunal. Only on its basis Ukraine will be able to achieve the best strategy of the relations with Russia on the delimitationthe Sea of Azov and the Kerch Strait.

Gender and the Law of the Sea

Gender and the Law of the Sea

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Oceans and the Law of the Sea Report of the Secretary-General, 2019

Oceans and the Law of the Sea Report of the Secretary-General, 2019

Book Review: Gender and the Law of the Sea

Book Review: Gender and the Law of the Sea

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Law of the Sea (2018)

Law of the Sea (2018)

Law of the Sea

Law of the Sea

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Other information relevant to the law of the sea

Other information relevant to the law of the sea