Law of the Sea Commons^™

Term Condition In Marine Insurance Of Goods In Light Of The Latest Version Of The Terms Of Marine Insurance: A Comparative Study Between The Jordanian And British Laws, Mahmoud M. Ababneh

UAEU Law Journal

This paper aims to investigate the Term clauses in the marine cargo insurance contract as manifested in the new version issued by the Institute of London Underwriters and Lloyds committees in 2009. The importance of this research comes from the fact that most of the Arab Marine Insurance market, including Jordan, using the Institute Cargo Clauses for insuring the goods is shipped by sea. The term of the insurance cover is a corner stone in the marine insurance contract as it provides the commencement and the cases where the insurance terminates. The complicated dispute between the two parties of the …

Liability Of The Maritime Carrier Towards Passengers, Belal A. Badawy

UAEU Law Journal

Transport is undoubtedly of great importance in passenger’s lives. Not only because it is a legal phenomenon, but also a socio-economic phenomenon across all societies.

This search deals with this topic; it is divided into two sections, the first deals with Cases of the Passengers Carrier’s Liability and its Basis, while the second deals with Area of Responsibility of the Maritime Carrier of Passengers under both of the Egyptian Law and Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.

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 …

The Uae, The Syrian Maritime Trade Law And The Rotterdam Rules (Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea), Imad Al-Din Abdel-Hai

UAEU Law Journal

If the texts of both the Syrian Maritime Trade Law of 2006, which quoted the Hamburg Rules of 1978 Relating to the Transfer of Goods by Sea, and the texts of the UAE Maritime Trade Law of 1981, which transferred all of the Brussels Treaty of 1924 Relating to the Unification of Certain Shipping Documents, no longer commensurate with the technical developments in the maritime navigation and operations of maritime transport and legal developments, the Rotterdam Rules (Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), represent a quantum leap not only in the field …

Maritime Police Law Of The People’S Republic Of China, Raul (Pete) Pedrozo

International Law Studies

China’s new Maritime Police Law (MPL) purports to regulate the duties of China’s maritime police agencies, including the China Coast Guard, and safeguard China’s sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China’s maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous …

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

Questions Relating To The Continental Shelf Beyond 200 Nautical Miles: Delimitation, Delineation, And Revenue Sharing, Helmut Tuerk

International Law Studies

Article 76 UNCLOS provides a new definition of the legal continental shelf, which grants coastal States sovereign rights and jurisdiction extending to the outer edge of the continental margin. The broad-shelf States had to make two compromises to have that provision accepted, that is revenue-sharing for the benefit of the international community with respect to the continental shelf beyond 200 nautical miles, enshrined in Article 82 UNCLOS, and the delineation of the outer limits of the continental shelf beyond that distance “on the basis of” recommendations by the CLCS, in order that these limits may become “final and binding.” In …

The Value And Viability Of The South China Sea Arbitration Ruling: The U.S. Perspective 2016–2020, Jonathan G. Odom

International Law Studies

In 2016, an international arbitral tribunal issued a landmark ruling addressing a number of international law issues in the South China Sea. Yet more than four years have passed since that ruling, and the South China Sea situation remains unresolved. The South China Sea arbitration ruling was a positive step in applying a rules-based approach to framing, managing and resolving some of these international disputes. Thus, the international community should reflect upon the value and viability of the arbitral tribunal’s ruling, to include viewing it from the current perspectives of individual States. This article provides a more detailed review and …

U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.

Air Defense Identification Zones, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Archipelagic States, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

International Straits, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Navigational Regimes, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.