...United Nations Convention on Law of the Sea (UNCLOS), 1982 Introduction The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive attempt at creating a unified regime for governance of the rights of nations with respect to the world's oceans. The treaty addresses a number of topics including navigational rights, economic rights, pollution of the seas, conservation of marine life, scientific exploration, piracy, and more. The treaty, one of the longest in history, is comprised of 320 articles and 9 annexes, representing the codification of customary international law and its progressive development. Historical Background Since humanity first set forth upon the seas, the issue of sovereign control over the oceans has been an ongoing concern. Prior to the 20th century, the oceans had been subject to the freedom of the seas doctrine. This principle, adopted in the 17th century, limited national rights and jurisdiction over a narrow band of water along a nations coast, the rest of the sea being free to all and belonging to none. Nearly a century later, the "cannon-shot" rule became the basis for determining how much of the adjacent oceans were under the jurisdiction of a nation. The cannon-shot rule set forth that a nation controlled a territorial sea as far as a projectile could be fired from a cannon based on shore. In the 18th century this range was approximate three nautical miles. As time progressed, three miles became the widely accepted...
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...7 United Nations Convention on the Law of the Sea CONTENTS Page PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Article 1. PART II. Use of terms and scope . . . . . . . . . . . . . . . . . . . . . . 22 TERRITORIAL SEA AND CONTIGUOUS ZONE . . . . . . . . 23 23 SECTION 1. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 2. Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SECTION 2. LIMITS OF THE TERRITORIAL SEA . . . . . . . . . . . . . . . . . . Article 3. Breadth of the territorial sea . . . . . . . . . . . . . . . . . . Article 4. Outer limit of the territorial sea . . . . . . . . . . . . . . . . Article 5. Normal baseline . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 6. Reefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 7. Straight baselines . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 8. Internal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 9. Mouths of rivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 10. Bays ........ Article 11. Ports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Article 12. Roadsteads...
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...This conference’s main mission was to settle the two main issues left unresolved at the first conference – the extent of the territorial sea and exclusive fishery zones. In order to successfully pass these measures, Canada and the United States proposed a piece of joint legislation allowing territorial sea to reach as far as six nautical miles. Despite their efforts, many people wanted a twelve-mile limit and therefore the vote did not obtain the two-thirds majority needed for passage (Lawrence pg 161). This resulted in yet another failure in the mission to codify the law of the ocean. Thirteen years later, a third and final Conference of the Law of the Sea would take place. This conference lasted nine years and was finally concluded in 1982 when all the compromises and deals were agreed upon. At the third conference, it was obvious which nations had the most influence and surprisingly, it was not the typical world superpowers. Instead, the most powerful group at the conference was Group 77 – consisting of about 120 developing African, Asian, and Latin American...
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...FREEDOM OF NAVIGATION.....................................................4 4. THE COASTAL STATE JURISDICTION....................................................................5 4.1. Internal Waters...........................................................................................................5 4.2. Territorial Seas...........................................................................................................6 4.3. Contiguous Zone........................................................................................................6 5. NAVIGATION IN TERRITORIAL SEA......................................................................6 5.1. Innocent Passage.....................................................................................................6 5.2. Straits.......................................................................................................................7 5.3. Transit Passage........................................................................................................7 6. THE HIGH SEAS...........................................................................................................7 7. INTERNATIONAL MARITIME EVENTS..................................................................8 7.1. The Corfu Channel...
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...THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991) In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty. Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity photo courtesy of gmanews.tv The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following: : "The national territory comprises the...
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...Introduction The aim of this paper is to discuss the role of the law and science in moving us towards a more sustainable future. This will be done with the aid of selected global environmental treaties. In order to achieve this aim, the paper is going to begin with an introduction which is going to define key concepts identified. The main body will embark on the discussion at hand. The main body will begin by outlining the role of the law generally and will move on to look at the role of science generally. Thereon selected global treaties will be discussed in relation to their respective roles both at law and science. Lastly but not the least an elaborate conclusion will be given. Definition of Key Terms Environment: Environment refers to the totality of the surroundings within which humans live and exploit resources for their welfare and development. Main Body In order to effectively challenge problems that pose a threat to the earth, there is need for an effective approach which is backed by robust scientific evidence. This would ultimately usher into place a new and more powerful environmental law. In order to appreciate the relationship between the law and science, there is need for understanding of their respective roles towards the achievement of a more sustainable future. The Role of the Law The law has a fundamental role to play in the movement of protecting the environment towards a more sustainable future. In most jurisdictions in the absence of constitutional...
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...Vienna International Centre, PO Box 500, A 1400 Vienna, Austria Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO Printed in Austria V.04-56153—September 2004—1,900 UNITED NATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO UNITED NATIONS New York, 2004 Foreword With the signing of the United Nations Convention against Transnational Organized Crime in Palermo, Italy, in December 2000, the international community demonstrated the political will to answer a global challenge with a global response. If crime crosses borders, so must law enforcement. If the rule of law is undermined not only in one country, but in many, then those who defend it cannot limit themselves to purely national means. If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights and defeat the forces of crime, corruption and trafficking in human beings. One of the starkest contrasts in our world today is the gulf that exists between the civil and the uncivil. By “civil” I mean civilization: the accumulated centuries of learning that form our foundation for progress. By “civil” I also mean tolerance: the pluralism and respect with which...
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...analyses article 281 of United Nations Convention on the Law of the Sea. To apply this article, two conditions must be met. 1. The existence of a dispute concerning the interpretation and application of the convention. 2. The absence of an agreement to seek settlement of the dispute by a peaceful means of their own choice. Or, if there were such an agreement, three further conditions must be satisfied. From the analysis above and the position paper handed in by both China and Philippine, the arbitration tribunal then concludes that the contentious issues are: 1. Whether there is a binding agreement 2. Whether a settlement has been reached by resource to the agreed means 3. Whether Declaration on the Code...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...Figure 1. Data source: UNTC International law has existed as long as nation states have existed. Long ago, matters of international law do not exist in written forms but instead were understood as a matter of honour. Nation states that honoured the agreed terms will subscribe to them by practices, which resulted to customs. For example, it is considered a horrible offense to attack while under the flag of parley or the white flag (ICRC website). Subsequently, nation states developed treaties and that became the earliest examples of written international law. As nation states interact through the passage of time, the number of customary practices and treaties grow exponentially and it is not peculiar when States interact more, there bound to be disputes. Disputes can arise from differing opinions of what ought to be customary practice or through different interpretation of treaties, especially so for general treaties (Henderson, 2010). Hence, nation states created International Court (History | International Court of Justice) to facilitate or arbitrate disputes. Besides handling disputes, the International Court also handles disagreements between nation states and international organisations or corporations. Judicial decisions thus play an important role in stating the rules of international law, in particular the judgements and advisory opinions derived from the ICJ, which will affect international law. In this highly globalised world, states and lawmakers require up to date...
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...license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0042-6571 50TH ANNIVERSARY COMMEMORATIVE ESSAY Somalia: State Failure, Piracy, and the Challenge to International Law MARIO SILVA* Introduction .......................................................................................... I. T he Failed State ......................................................................... A . In General ........................................................................ B. Case Study: Somalia ........................................................ 1. Political Instability in Somalia ............................. 2. Economic Instability in Somalia .......................... 3. Humanitarian Challenges and Societal Instability in Somalia ............................................ II. P iracy ......................................................................................... A . In General ........................................................................ B. International Treaties and International Actions to Halt P iracy ............................................................................... 1. Actions Taken by the United Nations .................. 2. Other Actions Taken by the International C ommunity ........................................................... C. Challenges to Anti-Piracy Actions...
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...Chama’s Story is just one of many for asylum seekers who seek refuge here in Australia. They come to our country expecting safety and freedom alongside the most basic human right. Yet when they arrive they are imprisoned and treated as criminals. It is clear that the laws surrounding this issue are in dire need of change. Australia is a country well known for its diversity of beliefs and religions, it is said to be accepting of others, however, when the topic of asylum seekers is brought forth, the government and media portrays the need for border protection, and “stopping the boats”. This type of hostile political enforcement and negative media coverage only furthers the portrayal of refugees as something fear, in the mind of most Australians. However, although it is not widely broadcasted by the Government or media, Australia has a legal obligation to help asylum seekers under the United Nations Refugee Convention 1951, to which Australia is signatory. According to the United Nations Convention relating to the Status of Refugees, amended by the 1967 Protocol (the Refugee Convention) defines who is a refugee and what basic rights countries must provide to them. According to Article 1 of the Refugee Convention it is stated that “a refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted because of their: race, religion, nationality or membership of a particular social group...
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...International Law Name: UDAYA.R.S Enrolment Number: MBA1/JUN15N/71101434345916F Roll Number: N15NOV/7110 Question 1. Explain the different international organizations Answer: 1. Introduction This section reviews the complete range of international organizations. The conventional categories used are first examined, then various ways of distinguishing between the many kinds of organization and degrees of "internationality" are considered. The problem of borderline cases is discussed, together with non-organizational substitutes for organizations and possible alternative forms of organization. Quantitative information on the growth of international institutions and indicative data on regional organizations are also presented. A major difficulty in obtaining some understanding of international organizations is the variety of organizational forms which need to be considered. Abstract classification schemes, particularly when simplified for convenience, tend to conceal the existence of well-developed groups of organizations with distinct features. The approach employed here has been to use several different ways of breaking up the range of organizations and to cite several examples of organizations of any particular type. The intent is not to put forward a new systematic classification of international organizations but rather to facilitate an appreciation of the variety of bodies which could be incorporated into any...
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...Spratlys Islands or Kalayaan Island Group is just within the Philippines' proximity and 200 Nautical Miles Exclusive Economic Zone - under the International Laws Sea - UNCLOS. The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including - China, Taiwan, Vietnam, Malaysia and Brunei. In 1971, the Philippines officially claimed eight islands that it refers to as the Kalayaan, partly on the basis of this exploration, arguing that the islands: 1) were not part of the Spratly Islands; and 2) had not belonged to anybody and were open to being claimed. In 1972, they were designated as part of Palawan Province, Kalayaan municipality. The total land area of these islands is 790,000 sq meters. The Philippines control the following islands in the Spratlys: 1. Kota or Loaita Island 2. Lawak or Nansham Island 3. Likas or West York Island 4. Panata or Lamkian Cay 5. Pag-asa or Thitu Island 6. Parola or North East Cay 7. Patag or Flat Island 8. Rizal or Commodore Reef Chosen Discussion: How the country Philippines protect its intellectual property rights on the eight (8) officially claimed islands in Spratly? Action Taken: In various conferences of the United Nations (UN) on the law of the sea, the Philippines proposed that an archipelagic state composed of groups of islands forming a state is a single unit,...
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...Shark Education What is Shark Finning? Shark finning refers to the removal and retention of shark fins and the discard at sea of the carcass. The shark is most often still alive when it is tossed back into the water. Unable to swim, the shark slowly sinks toward the bottom where it is eaten alive by other fish. Shark finning takes place at sea so the fishers have only the fins to transport. Shark meat is considered low value and therefore not worth the cost of transporting the bulky shark bodies to market. Any shark is taken-regardless of age, size, or species. Longlines, used in shark finning operations, are the most significant cause of losses in shark populations worldwide. Shark finning is widespread, and largely unmanaged and unmonitored. Shark finning has increased over the past decade due to the increasing demand for shark fins (for shark fin soup and traditional cures), improved fishing technology, and improved market economics. Shark specialists estimate that 100 million sharks are killed for their fins, annually. One pound of dried shark fin can retail for $300 or more. It’s a multi-billion dollar industry. Impacts of Shark Finning Loss and devastation of shark populations around the world. Experts estimate that within a decade, most species of sharks will be lost because of longlining. Unsustainable fishery. The massive quantity of sharks harvested and lack of selection deplete shark populations faster than their...
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