scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

The International Court of Justice and the Law of the Sea-Some Reflections

1996 ◽  
Vol 11 (4) ◽  
pp. 491-532 ◽  
Author(s):  
Barbara Kwiatkowska
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The Law ◽  
International Adjudication

Abstract"On the whole, the World Court has a distinguished record of achievement-even if that record is not as extensive or exemplary as one might wish. It is one of the principal tasks of the student and practitioner of international law, and, for that matter, of people the world over who are concerned with promoting a more peaceful and less lawless world, to give their critical but constructive support to the strengthening of the institutions of international adjudication, and especially the only universal such institution, the International Court of Justice." S.M. Schwebel, Justice in International Law-Selected Writings of Judge Stephen M. Schwebel (1994)

Reflections on the Territorial and Maritime Dispute between Nicaragua and Colombia before the International Court of Justice

2013 ◽  
Vol 26 (4) ◽  
pp. 909-931 ◽  
Author(s):  
YOSHIFUMI TANAKA
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Law ◽  
The Impact

AbstractOn 19 November 2012, the International Court of Justice gave its judgment concerning the Territorial and Maritime Dispute between Nicaragua and Colombia. This judgment includes several important issues which need serious consideration, such the as legal status of maritime features, the interpretation and application of Article 121 of the UN Convention on the Law of the Sea, the methodology of maritime delimitations, the role of proportionality in maritime delimitations, and the impact of the judgment upon third states and effect of Article 59 of the ICJ Statute. Focusing on these issues, this contribution aims to analyse the judgment of 2012 from a viewpoint of the international law of the sea, in particular, the law of maritime delimitation.

The LOSC as a Package Deal and Its Implications for Determination of Customary International Law

2020 ◽  
Vol 35 (4) ◽  
pp. 704-739
Author(s):  
Xuexia Liao
Keyword(s):  
International Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Not Given ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
United Nations Convention

Abstract This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

The Resilience of the Restrictive Rules on Self-Defence

2016 ◽  
Author(s):  
Joerg Kammerhofer
Keyword(s):  
International Law ◽  
Customary Law ◽  
International Court Of Justice ◽  
Institutional Practice ◽  
Jus Ad Bellum ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Law ◽  
Self Defence

This chapter examines the resilience of the treaty, and perhaps also customary, law on self-defence since 2001. It first considers ‘resilience’ in the context of the jus ad bellum and how law can be resilient vis-à-vis changing circumstance, opinions, interpretation, and state practice. It then looks at the indicators for and against resilience by analysing post-2001 developments, paying particular attention to three areas: jurisprudence, scholarly literature in international law, and state and institutional practice. The chapter also explains what ‘resilience’ can and cannot be, and how the law and its perceptions change—or remain the same. Two avenues on the question of what is resilient are evaluated: either the norm or its interpretation (perception) change. Finally, the chapter considers a number of cases in which the International Court of Justice has made pronouncements on and partial clarifications of important aspects of the law on self-defence since 2001.

scholarly journals Conceiving International Law’s Normative Order beyond the ‘Residual Negative Principle’

2018 ◽  
Vol 87 (4) ◽  
pp. 466-484
Author(s):  
Graham Melling
Keyword(s):  
International Law ◽  
Legal System ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Legal System ◽  
The Law ◽  
Normative Order

Due to the nature of the international legal system, the International Court of Justice (icj) is regularly presented with new questions about which international law is unclear or to which it does not yet extend – and is thereby incomplete. The approach of the icj when faced with such gaps raises some fundamental questions about the nature of the international legal system and the judicial function of the icj. The purpose of this article is to revisit and the critically evaluate the issue of how the icj responds when faced with a gap or lacuna in the law.

The Contribution of the International Court of Justice to the Law on the Use of Force: Missed Opportunities or Unrealistic Expectations?

2009 ◽  
Vol 78 (3) ◽  
pp. 361-396 ◽  
Author(s):  
David McKeever
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Regime ◽  
International Court Of Justice ◽  
Missed Opportunities ◽  
Court Of Justice ◽  
Legal Questions ◽  
International Court ◽  
The Law ◽  
Unrealistic Expectations

AbstractIn recent years, the International Court of Justice has been presented with opportunities to pronounce on important dimensions of the law on the use of force. An assessment of the court's handling of these issues must consider first the role attributed to the Court within the international legal regime for preventing and mitigating the use of force, and thus what exactly would amount to 'success' for the Court in such cases. Notwithstanding the inherent limitations on the Court's capacity in this area, this article argues that the Court has largely failed to provide clear guidance on pressing legal questions. An unwarranted caution in utilising the judicial tools at its disposal is one important factor in this regard. Finally, this article highlights some potential consequences of the Court's recent work for the development of international law on the use of force.

Maritime Dispute

2015 ◽  
Vol 109 (2) ◽  
pp. 379-386
Author(s):  
Abhimanyu George Jain
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

On January 27, 2014, the International Court of Justice (Court) rendered its judgment in a dispute between Peru and Chile concerning the maritime boundary between them. The Court held that a partial maritime boundary already existed between the parties, and it proceeded to analyze both its nature and its extent on the basis of agreements between the parties, their practice, and other evidence. For the remainder of the boundary extending up to 200 nautical miles, the Court applied the rule of equitable delimitation found in Article 74 of the United Nations Convention on the Law of the Sea (UNCLOS).

scholarly journals Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction

1997 ◽  
Vol 46 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Alan E. Boyle
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
International Court ◽  
The Law ◽  
International Seabed Authority ◽  
Substantive Law ◽  
Seabed Mining

The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.

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