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Journal articles on the topic 'Law of the sea; International law'

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Published: 4 June 2021
Last updated: 9 February 2022

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1

Herriman, Max. "China’s Territorial Sea Law and International Law of the Sea." Maritime Studies 1997, no. 92 (January 1997): 15–20. http://dx.doi.org/10.1080/07266472.1997.10878479.

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2

Ersoy, Muhammet Ebuzer. "INTERNATIONAL LAW OF SEA PIRACY." International Journal of Law Reconstruction 3, no. 2 (September 22, 2019): 86. http://dx.doi.org/10.26532/ijlr.v3i2.7791.

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Sea piracy, or piracy, is robbery conducted in sea, or sometimes in beach. It could be said that history of piracy occurs simultaneously with history of navigation. Where there are ships transporting merchandise, appears pirates are ready to have it forcibly. It has been known since the time of the occurrence of piracy Greece ancient. Included in the era Roman republic experienced piracy by the sea robbers. Since then they plow all the ships that are currently floating in the ocean near Borneo and Sumatra. However, the best in its long history written on 16th-17th century and it called as the golden age of pirates. But, the piracy not only in the past era, in the modern era as today, the piracy still exist as the criminal case in Somalia in 1990-2011, Philipine in 2016-2017, Dhobo accident in 2019 etc. The piracy is also can be called as Hostis Humani Generis it is mean the piracy is the enemy of all humans. The piracy ruled in UNCLOS articles 101-110 and in Indonesia is ruled in Criminal Law article 439-440. This article explains the international law of sea piracy, hostage release procedure and court procedure in International Criminal Court (ICC) and international punishment for pirate.
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3

Hage, Robert. "Review: International Law & Institutions: Law of the Sea." International Journal: Canada's Journal of Global Policy Analysis 40, no. 3 (September 1985): 550–52. http://dx.doi.org/10.1177/002070208504000311.

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4

Birnie, Patricia. "The international law of the sea." International Affairs 61, no. 3 (1985): 501–3. http://dx.doi.org/10.2307/2618701.

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5

Tanaka, Y. "The International Law of the Sea." Chinese Journal of International Law 10, no. 1 (March 1, 2011): 173–75. http://dx.doi.org/10.1093/chinesejil/jmr007.

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6

Vidas, Davor, David Freestone, and Jane McAdam. "International Law and Sea Level Rise." Brill Research Perspectives in the Law of the Sea 2, no. 3 (February 8, 2019): 1–86. http://dx.doi.org/10.1163/24519359-12340006.

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AbstractThis issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Also, the background for the establishment of the Committee is explained, drawing on: (a) conclusions of the ILA Committee on Baselines and the related ILA Resolution 1/2012; (b) scientific assessments, such as by the Intergovernmental Panel on Climate Change (IPCC), regarding on-going sea level change and projections of future rise; and (c) more broadly, scientific findings regarding the profound changes taking place in the Earth system since the mid-20th century and predictions for their acceleration in the course of the 21st century. All of this has prompted the need, and provided the Committee with the relevant context, for the study of the options and elaboration of proposals for the development of international law.Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. This includes the study of the effects of sea level rise on the limits of maritime zones, and the analysis of the subsequently emerging State practice regarding the maintenance of their existing lawful maritime entitlements. The guiding consideration in developing the proposals and recommendations by the Committee for the interpretation and development of international law regarding the maritime limits and boundaries impacted by sea level rise has been the need to avoid uncertainty and, ultimately, facilitate orderly relations between States and contribute to the maintenance of international peace and security. A related ILA Resolution 5/2018 addresses maritime limits and boundaries impacted by sea level rise.Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise. The notion of ‘human mobility’ is used as an umbrella term that refers to all relevant forms of the movement of persons and, in the context of this report, covers displacement (which is forced), migration (which is predominantly voluntary), planned relocation and evacuations (which both may be forced or voluntary). This part of the report takes the form of principles entitled the ‘Sydney Declaration of Principles on the Protection of Persons Displaced in the Context of Sea Level Rise’ with commentaries. Accordingly, ILA Resolution 6/2018, which also contains the Sydney Declaration of Principles, addresses the protection of persons displaced in the context of sea level rise and contains recommendations by the Committee to this effect.
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7

Vidas, Davor. "Sea-Level Rise and International Law." Climate Law 4, no. 1-2 (July 25, 2014): 70–84. http://dx.doi.org/10.1163/18786561-00402006.

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Since core aspects of international law rely on the general stability of geographical conditions, sea-level rise may bring fundamental challenges and require profound re-examination of currently accepted paradigms of international law. This article briefly addresses three questions: first, are the prospects of sea-level rise already a real concern from the viewpoint of international law? Second, what is the relevance of this perspective for current international law? And third, how should international law in the future approach the phenomenon of sea-level rise?
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8

Kaye, Stuart. "The international law of the sea." Australian Journal of Maritime & Ocean Affairs 8, no. 2 (April 2, 2016): 161–62. http://dx.doi.org/10.1080/18366503.2016.1187782.

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9

Whomersley, Christopher. "The International Law of the Sea." Korean Journal of International and Comparative Law 7, no. 2 (October 4, 2019): 144–52. http://dx.doi.org/10.1163/22134484-12340121.

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Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.
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10

Wood, Michael. "The International Tribunal for the Law of the Sea and General International Law." International Journal of Marine and Coastal Law 22, no. 3 (2007): 351–67. http://dx.doi.org/10.1163/157180807781870345.

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AbstractAfter addressing some preliminary points, the presentation first stresses the importance of distinguishing clearly between jurisdiction and applicable law. Then it considers how a court or tribunal whose jurisdiction ratione materiae is largely con fined to the interpretation and application of a particular treaty may nevertheless refer to general international law. The author suggests six possible ways in which recourse may be had to general international law and analyzes the case-law of the International Tribunal for the Law of the Sea in that regard. He then points out the relevance of expertise in general international law for the composition of the Tribunal. By way of conclusion, the author suggests that when any court or tribunal acting under a limited conferral of jurisdiction has recourse to general international law, it should—in the interest of transparency and so as to avoid the appearance of an excess of jurisdiction— explain the basis on which it is doing so. In his view, the Tribunal has made an important contribution to the law of the sea and to certain issues of general international law while acknowledging that the law of the sea can only be properly understood within the context of international law as a whole.
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11

Charney, Jonathan I. "Universal International Law." American Journal of International Law 87, no. 4 (October 1993): 529–51. http://dx.doi.org/10.2307/2203615.

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In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.
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12

Allott, Philip. "Making the New International Law: Law of the Sea as Law of the Future." International Journal 40, no. 3 (1985): 442. http://dx.doi.org/10.2307/40202246.

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13

Allott, Philip. "Making the New International Law: Law of the Sea as Law of the Future." International Journal: Canada's Journal of Global Policy Analysis 40, no. 3 (September 1985): 442–60. http://dx.doi.org/10.1177/002070208504000303.

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14

Azhari, Yulian. "International Law of the Sea in North Natuna Sea." Advances in Social Sciences Research Journal 7, no. 11 (December 2, 2020): 354–67. http://dx.doi.org/10.14738/assrj.711.9364.

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The dispute that occurred in the North Natuna Sea has attracted international attention, including the superpower United States of America and the People's Republic of China and countries in the Southeast Asian region. This escalation of tensions occurred when the People's Republic of China built military bases in areas considered the nine dash lines that the PRC claims as part of their country. International law continues to fail to enforce the North Natuna Sea. It is clear that international law has so far tried - and failed - to contain China's advances in the North Natuna Sea. Existing confidence-building measures must match China's increasingly hegemonic claims. If not, the rules-based order will face continued erosion and smaller countries in Southeast Asia will suffer the consequences. This study uses a qualitative approach with socio-historical analysis to reveal past events, especially in the field of maritime law, which are unknown to the international community.
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15

Barnes, Richard. "Refugee Law At Sea." International and Comparative Law Quarterly 53, no. 1 (January 2004): 47–77. http://dx.doi.org/10.1093/iclq/53.1.47.

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Coping with refugees arriving by sea is a problem that has existed for a number of years.1 Throughout this period the crux of the matter has remained the same, reconciling the humanitarian plight of refugees and asylum-seekers with the destination States' concerns about illegal immigration, mass migrations of people, and the costs of asylum. The boarding of the Tampa by Australian SAS troops in August 2001, in order to prevent the disembarkation of 433 asylum-seekers on Christmas Island, has once again brought into sharp focus the acute tension created between competing legal norms, and between moral and legal considerations. What are the rights of vessels and people in distress under the 1982 Convention on the Law of the Sea and other maritime agreements? How do commercial considerations affect the obligation to assist those in distress at sea? What are the rights of refugees under the 1951 Refugee Convention and other human rights instruments? What are the powers of a coastal State to protect itself from threats to national security in its coastal waters? This article examines the legal obligations incumbent upon coastal States and flag States in respect of asylum-seekers rescued at sea and seeks to answer these questions. It goes on to suggest that the law in respect of search, rescue, and refuge is highly unsatisfactory because a number of key obligations are poorly defined and inadequately implemented. It alsoseems clear that insufficient weight is given to humanitarian considerations. Finally, consideration is given to possible solutions to the problem.
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16

Roach, J. Ashley. "Today's Customary International Law of the Sea." Ocean Development & International Law 45, no. 3 (July 3, 2014): 239–59. http://dx.doi.org/10.1080/00908320.2014.929460.

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17

Bekyashev, Kamil, and Susanna Vaniyan. "Sharks protected by international law." Fisheries 2021, no. 4 (July 28, 2021): 27–32. http://dx.doi.org/10.37663/0131-6184-2021-4-27-32.

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The article considers the international legal problems of shark protection in the high sea. The analysis of all existing intergovernmental conventions is given in detail; the recommendations of CCAMLR, NEAFC, NAFO, ICCAT and other RFMOs are considered on the topic of the article. The typical content of National Plans of Action for the Conservation of sharks is given. The contribution of the Russian Federation to the protection of sharks is shown.
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18

Roeben, Volker. "Institutions of International Law: How International Law Secures Orderliness in International Affairs." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 187–217. http://dx.doi.org/10.1163/18757413_022001009.

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This article is a plea for adopting a reinvigorated, analytic perspective on contemporary international law, building on MacCormick’s powerful insights into law’s essential structure. The article proposes that international law as whole forms an institutional normative order. The idea of institutional normative order has certain conditions. These link a normative conception of international law with the means of achieving it. The article makes three arguments on these conditions. It first argues that the function of international law is to create order in the sense of orderliness for its principal users, States and international organizations. It then claims that international law establishes normative order through international rules that are binding from the viewpoint of States and international organizations. An international process of rule-making embedded in State practice turns norms into such rules. The process is being held as a bindingness-creating mechanism because it formalizes rules through recognized means and organizes collective consent to authorize them. States and international organizations then apply these rules by exercising international legal powers under a defeasible presumption of legality. Third, the article argues that this normative order becomes institutionalized. The institutions of international law are grounded in ideas about agencies, arrangements, and master-norms that integrate the mass of international rules and principles. The article exemplifies these arguments for UN-driven international law with the relating recent jurisprudence of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and Annex vii tribunals, and the Court of Justice of the European Union. The upshot of this idea of international law as institutional normative order is unity, or indeed a system. No part of international law can be seen outside of this context and hence the burden of argumentation is on those wishing to make the case for divergence.
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19

Pramudianto, Andreas. "THE ROLE OF INTERNATIONAL LAW AND NATIONAL LAW IN HANDLING MARINE PLASTIC LITTER." Lampung Journal of International Law 1, no. 2 (August 13, 2020): 43. http://dx.doi.org/10.25041/lajil.v1i2.2024.

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The spread of marine plastic litter is increasing and dangerous for habitats and marine living such as the discovery of plastic in fish, sea turtles, whale mammals and even seabirds. To suppress and reduce plastic waste in the sea, one of them is to strengthen the role of law both international, regional and national law. The research objective is to analyze international, regional and national law in the perspective of international law sources to deal with marine plastic litter. The research method in this study is an analytical description based on a normative juridical approach. The results of the study show that international law in the perspective of international law sources has attempted to regulate plastic waste in the sea even though it is limited. Handling of marine plastic litter does not yet have comprehensive regulations or regulated separately. In the other hand, national law becomes important in handling at the respective jurisdiction boundaries, although limited in the application of rules due to the existence of national jurisdiction. Provisional conclusions show that international law still has an important role to play especially in relation to marine plastic litter that crosses national borders or outside national jurisdiction.
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20

Kwiatkowska, Barbara. "1st Penataran on The Law of The Sea and International Ecomomic Law." Marine Policy 12, no. 1 (January 1988): 73–74. http://dx.doi.org/10.1016/0308-597x(88)90012-7.

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21

Churchill, R. R. "I. Law Of The Sea." International and Comparative Law Quarterly 37, no. 2 (April 1988): 412–20. http://dx.doi.org/10.1093/iclqaj/37.2.448.

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22

O´Connell, Daniel Patrick. "The International Law of the Sea, Volume II." Verfassung in Recht und Übersee 18, no. 4 (1985): 535. http://dx.doi.org/10.5771/0506-7286-1985-4-535.

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23

Lathrop, Coalter G., J. Ashley Roach, and Donald R. Rothwell. "Baselines under the International Law of the Sea." Brill Research Perspectives in the Law of the Sea 2, no. 1-2 (February 7, 2019): 1–177. http://dx.doi.org/10.1163/24519359-12340005.

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AbstractBetween 2008–2018 the International Law Association (ILA) Committee on Baselines under the International Law of the Sea produced two reports on the normal baseline (2012) and straight and archipelagic baselines (2018). The Sofia Report (2012) is organised around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. Under the leadership of Committee Chair Judge Dolliver Nelson, the Committee was asked to identify the existing law on the normal baseline and to assess the need for further clarification or development of that law in light of substantial coastal change. The Report applies the rules of treaty interpretation, including an assessment of the ordinary meaning of the terms of the treaty and, because those leave the meaning ambiguous, the preparatory works of the normal baseline provision. The Report then turns to address the application of the existing law to changing coasts and concludes that the law on the normal baseline is inadequate to address problems of substantial territorial loss. The Sydney Report (2018) is organised around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines. Each analysis seeks to provide some background to the drafting of the Article, analysis of the text, assessment of state practice, relevant case law, and a summary of the commentary by publicists. The Report then moves to address certain cross-cutting or global issues that are relevant to a contemporary analysis of straight and archipelagic baselines, before reaching conclusions.
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24

Van Dyke, Jon. "Sea shipment of japanese plutonium under international law." Ocean Development & International Law 24, no. 4 (October 1993): 399–430. http://dx.doi.org/10.1080/00908329309546020.

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25

A. MENSAH, THOMAS, and GRITAKUMAR E. CHITTY. "INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA." Max Planck Yearbook of United Nations Law Online 2, no. 1 (1998): 455–58. http://dx.doi.org/10.1163/187574198x00172.

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26

A. MENSAH, THOMAS, and GRITAKUMAR E. CHITTY. "INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA." Max Planck Yearbook of United Nations Law Online 2, no. 1 (1998): 459–76. http://dx.doi.org/10.1163/187574198x00181.

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27

Brown, C. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 17, no. 2 (June 1, 2002): 267–88. http://dx.doi.org/10.1163/157180802400452625.

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28

Brown, Chester. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 17, no. 2 (2002): 267–88. http://dx.doi.org/10.1163/157180802x00053.

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29

Tanaka, Yoshifumi. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 26, no. 3 (2011): 481–90. http://dx.doi.org/10.1163/157180811x576938.

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30

Magnússon, Bjarni Már. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 27, no. 3 (2012): 623–33. http://dx.doi.org/10.1163/15718085-12341238.

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31

Tanaka, Yoshifumi. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 28, no. 2 (2013): 375–87. http://dx.doi.org/10.1163/15718085-12341281.

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32

Peiris, Nuwan. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 29, no. 1 (March 19, 2014): 149–57. http://dx.doi.org/10.1163/15718085-12341308.

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33

Sarmiento Lamus, Andrés, and Rodrigo González Quintero. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 31, no. 1 (February 29, 2016): 160–67. http://dx.doi.org/10.1163/15718085-12341387.

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34

Bender, Philip. "International Tribunal for the Law of the Sea." International Journal of Marine and Coastal Law 23, no. 2 (2008): 349–58. http://dx.doi.org/10.1163/092735208x295873.

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35

Damar, Duygu. "International Foundation for the Law of the Sea." International Journal of Marine and Coastal Law 23, no. 2 (2008): 347–48. http://dx.doi.org/10.1163/092735208x295909.

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36

Lowe, A. V. "The international law of the sea: Volume II." Marine Policy 9, no. 1 (January 1985): 79–80. http://dx.doi.org/10.1016/0308-597x(85)90085-5.

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37

Boyle, Alan E. "The Law of the Sea and international watercourses." Marine Policy 14, no. 2 (March 1990): 151–57. http://dx.doi.org/10.1016/0308-597x(90)90102-w.

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38

Nyman, Elizabeth. "Modern Piracy and International Law: Definitional Issues with the Law of the Sea." Geography Compass 5, no. 11 (November 2011): 863–74. http://dx.doi.org/10.1111/j.1749-8198.2011.00455.x.

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39

Galani, Sofia. "PORT CLOSURES AND PERSONS AT SEA IN INTERNATIONAL LAW." International and Comparative Law Quarterly 70, no. 3 (July 2021): 605–33. http://dx.doi.org/10.1017/s0020589321000233.

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AbstractThe systematic protection of persons at sea remains flawed. This problem has become even more acute during the Covid-19 pandemic when port closures have caused an unprecedented humanitarian crisis at sea. This article looks at the impact of port closures on the rights of persons at sea and considers how international law can protect those rights. While persons at sea are afforded significant rights protections in international law, the rights and duties of States often clash, with the result that persons at sea can find themselves in something of a legal vacuum. In order to address this problem, this article argues that the various rights and duties of States must be interpreted and applied in a way that fully recognises the rights of persons at sea.
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40

Roach, J. Ashley. "Countering Piracy off Somalia: International Law and International Institutions." American Journal of International Law 104, no. 3 (July 2010): 397–416. http://dx.doi.org/10.5305/amerjintelaw.104.3.0397.

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Dealing with pirates off the coast of Somalia in the Gulf of Aden and the western Indian Ocean over the past two-plus years has highlighted the international law applicable to countering piracy at sea and the role of international institutions in that effort. This essay seeks to illuminate related issues with a view to improving counterpiracy action.
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41

Treves, Tullio. "The International Tribunal for The Law of The Sea and Other Law of the Sea Jurisdictions (2012)." Italian Yearbook of International Law Online 22, no. 1 (2013): 245–73. http://dx.doi.org/10.1163/22116133-02201012.

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42

Treves, Tullio. "The International Tribunal for the law of the sea and Other law of the sea Jurisdictions (2017)." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 313–30. http://dx.doi.org/10.1163/22116133-02701017.

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43

Treves, Tullio. "The International Tribunal for the Law of the Sea and other Law of the Sea Jurisdictions (2019)." Italian Yearbook of International Law Online 29, no. 1 (November 10, 2020): 271–303. http://dx.doi.org/10.1163/22116133-02901016.

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44

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2006)." Italian Yearbook of International Law Online 16, no. 1 (2006): 227–43. http://dx.doi.org/10.1163/22116133-90000013.

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45

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2007)." Italian Yearbook of International Law Online 17, no. 1 (2007): 175–93. http://dx.doi.org/10.1163/22116133-90000047.

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46

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2014)." Italian Yearbook of International Law Online 24, no. 1 (October 22, 2015): 341–63. http://dx.doi.org/10.1163/22116133-90000085a.

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47

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2015)." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 363–87. http://dx.doi.org/10.1163/22116133-90000120a.

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48

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2016)." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 393–424. http://dx.doi.org/10.1163/22116133-90000171a.

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49

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2010)." Italian Yearbook of International Law Online 20, no. 1 (2010): 315–43. http://dx.doi.org/10.1163/22116133-90000183.

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50

Treves, Tullio. "THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2011)." Italian Yearbook of International Law Online 21, no. 1 (January 1, 2011): 275–80. http://dx.doi.org/10.1163/22116133-90000221.

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