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Articles 1 - 27 of 27
Full-Text Articles in International Law
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S
Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral
International Law Studies
Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu
The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu
International Law Studies
The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
University of Miami Inter-American Law Review
In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Indiana Journal of Global Legal Studies
Though its mission may seem to belong to the realm of science fiction-establishing self-sufficient, floating cities on the high seas-the modern seasteading movement is simply the next iteration of mankind's long quest to establish more perfect societies. If they wish to accomplish their goals, seasteaders must be prepared to confront and overcome serious obstacles on technological, social, and legal fronts. Reviewing other historical examples of intentional communities offers a glimpse of the potential challenges that are common across all such movements and suggests that, to ensure long-term success, seasteaders may benefit longterm from pursuing international recognition of sovereignty for their …
International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans- Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle
All Faculty Scholarship
The Obama administration’s “pivot” or “rebalance” to Asia has shaped the Obama administration’s impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China—particularly in the context of disputes over the South China Sea—and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the U.S. as …
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard
Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard
Boise State University Theses and Dissertations
This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens
The Legal Efficacy Of Freedom Of Navigation Assertions, Dale Stephens
International Law Studies
No abstract provided.
Archipelagic Sea Lanes Passage, J. Ashley Roach, Robert W. Smith
Archipelagic Sea Lanes Passage, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith
Identification Of Excessive Maritime Claims, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Maintaining Freedom Of The Seas, J. Ashley Roach, Robert W. Smith
Maintaining Freedom Of The Seas, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Michigan Journal of International Law
In 1968, when this writer published "Innocent Passage in the Arctic," Canada had yet to assert its sovereignty over the Northwest Passage. It has since done so by establishing, in 1985, straight baselines around the whole of its Arctic Archipelago. In August of that year, the U. S. Coast Guard vessel Polar Sea made a transit of the Northwest Passage on its voyage from Thule, Greenland, to the Chukchi Sea. Having been notified of the impending transit, Canada informed the United States that it considered all the waters of the Canadian Arctic Archipelago as historic internal waters and that a …
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
International Law Studies
No abstract provided.
Strategic Implications Of Continental Shelves, Jose A. Alvarez
Strategic Implications Of Continental Shelves, Jose A. Alvarez
International Law Studies
No abstract provided.
A Legal Regime For The Resources Of The Seabed And Subsoil Of The Deep Sea: A Brewing Problem For International Lawmakers, Horace B. Robertson Jr.
A Legal Regime For The Resources Of The Seabed And Subsoil Of The Deep Sea: A Brewing Problem For International Lawmakers, Horace B. Robertson Jr.
International Law Studies
No abstract provided.
Jurisdiction, Myres S. Mcdougal
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Studies
No abstract provided.
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
International Law Studies
No abstract provided.
Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff
Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff
Vanderbilt Journal of Transnational Law
The United States brought injunction and trespass claims in the federal district court against three private persons to prevent the unauthorized construction of artificial islands atop several submerged coral reefs located about four and one-half miles off the southeast coast of Florida. These reefs were composed of the skeletal remains of coral organisms and lay at a depth of 600 feet. The reefs continued to grow laterally, but had reached their maximum height and were completely submerged at all times except at low tide when their highest projections were momentarily visible. The reef area, which harbored countless varieties of marine …