UNCLOS

Issue 8 2021

Repressing Piracy off the Nigerian Waters: Lessons from Korea

by Kalu Kingsley ANELE 13 July 2021

Literature on piracy in Nigeria abound. However, limited insights have been suggested on how to effectively enforce antipiracy legislation through an enhanced institutional regime, from a comparative perspective. This study interrogates the significance of well-equipped and well-trained maritime regulatory and security institutions in enforcing antipiracy instruments in Nigeria. Thus, the study comparatively analyses Nigeria and …More

Issue 8 2021

A Strategic Proposal for Malaysia With Respect to the South China Sea Arbitration

by Jessica MAZZEO 9 June 2021

China has claimed sovereignty over the islands and archipelagos within the South China Sea dating back to 1947 when the ‘eleven-dash line’ was first published by the Nationalist government of the Republic of China. Malaysia is one country that is particularly impacted by China’s claim, which includes the Spratly Islands, a major pathway for global …More

Issue 5 2018-2019

The Common Heritage of Mankind in International Law: A Great Past but No Future?

by Ornella FERRAJOLO 20 December 2019

This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

Issue 5 2018-2019

Looking for “Submerged Commons”: Towards a New Era for Underwater Cultural Heritage?

by Francesca VARVELLO 21 November 2019

Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different – …More

Issue 6 2019-2020

An Incident of ‘Piracy’ off the Coast of Suriname? The Definition of Piracy and the Use (and Misuse) of International Law Terminology

by Jessica SCHECHINGER 7 October 2019

According to media coverage, a ‘pirate attack’ took place off the coast of Suriname in April 2018. This submission assesses whether the violent incident meets the definition of piracy under international law, reviews different (legal) definitions, and highlights the importance of the location of the attack. It is argued that the use of the term …More

Issue 4 2018

Marine biodiversity beyond national jurisdiction: The launch of an intergovernmental conference for the adoption of a legally binding instrument under the UNCLOS

by Pascale RICARD 31 January 2019

On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 dealing with the development of an International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. In line with the Resolution, a new intergovernmental conference met …More

Issue 5 2018-2019

Marine Genetic Resources in Areas beyond National Jurisdiction: Do We Need to Regulate Them in a New Agreement?

by David LEARY 27 November 2018

This paper seeks to question the prevailing orthodoxy on the need for the ‘package deal’ on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of …More

Issue 4 2018

Non-Governmental Organisations and Search and Rescue at Sea

by Kristof GOMBEER Melanie FINK 23 June 2018

Non-governmental organisations (NGOs) have become increasingly involved in search and rescue in the Mediterranean Sea in order to fill a gap in humanitarian protection. This article examines the legal framework of their search and rescue activities. The international law of the sea sets out an obligation to render assistance to persons in distress at sea. …More

Issue 3 2016-2017

Against a Uniform Definition of Maritime Piracy

by M. Bob KAO 6 October 2016

Many scholars argue that a major obstacle to eradicating the global problem of maritime piracy is the lack of a uniform definition of piracy. Their chief concern is that without a uniform definition, it is difficult to formulate responses on a systemic and global level. This article contends that having multiple definitions of piracy for …More

Issue 2 2016

EUNAVFOR Operation Sophia and the International Law of the Sea

by Efthymios PAPASTAVRIDIS 15 April 2016

EUNAVFOR Operation Sophia was launched in summer 2015 in order to combat the smuggling of migrants in the South Mediterranean Sea, as part of a more comprehensive response by the EU to the ongoing and increasing refugee crisis in Europe. Its mandate includes the interdiction of vessels suspected of engaging in the smuggling of migrants …More