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
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
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
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
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
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
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
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
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
A recent agreement (signed on 21 March 2015 but not yet entered into force) between Italy and France on the delimitation of their maritime spaces provides a unique opportunity to discuss the solutions adopted in light of the ‘single maritime boundary’ practice. The new Agreement, on the basis of the customary rules of international law …More