The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that governs the use of the world’s oceans. On November 16, 1994, after getting the required sixty signatures, the Law of the Sea Treaty became an international law. Today, 143 countries are a part of the UNCLOS. However, the U.S. is not part of it for many reasons. In 1993, the Department of Defense supplied an Ocean Policy Review Paper on “the currency and adequacy of U.S. ocean policy, from the strategic standpoint
explain and justify about Sea Piracy in International Law. Sea Piracy can be define as the people who are involved in the acts of piracy, pirates will steal the cargo and another valuable things from the shipper and that is one of the act of the robbery and violence by the ship or the borne attackers. In international law, Sea Piracy has consist of a seat in the legislation. Universal jurisdiction has highly specialized form of international jurisdiction by the Sea Piracy. Sea Piracy will become a threat
September 28, 1945 marked the time when the U.S. ventured in the exploitation of sea resources such as oil and gas. President Truman issued a proclamation in favour of the country to explore and exploit these minerals under United States policy (Frazier 2009, p.3). The Truman Proclamation firmly consolidated the distinction between the question of the legal regime governing fisheries resources beyond the territorial sea and the regime governing mineral resources. As far as the legal concept of the
1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement
Each year approximately ten million containers of cargo, containing raw materials to finished goods are transported by seas. The ships are owned by different states, private companies or individuals and manned by mixture of seafarers from different countries, mixed together from various nationalities. These ships are perhaps the most autonomous entities on earth as rule of law allows frequent change of their allegiance or identity by choosing a flag to suit their requirement. Although merchant ships
international trade. Unfortunately, sales of international goods are very complex and this leads to great difficult in unifying trade law. People have tried to create universal laws to mend shipping issues, seller to buyer relationships and fraud, however, there is still no global international trade law. So far, with every attempt, it becomes clearer that nations have conflicting ideologies or viewpoints and hinders the progression of global harmonisation of international trade. The idea of perfectly
In the Western Pacific, the South China Sea is a global crossroads that holds strategic importance for many nations world wide. The South China Sea stretches from the Taiwan and Luzon Straits in the north to Indonesia and the Strait of Malacca in the south with Vietnam on the west and the Philippines and Borneo on the east. In total size, the South China Sea surpasses the Mediterranean Sea. However, unlike this Near-Eastern comparator, territorial disputes and conflicting claims threaten the movement
sovereign nation, the current treatment of asylum seekers may seem lawful as they are exercising their rights. Internationally, however, the procedures and execution of how Australia handle their asylum seeker ‘problem’ conflicts greatly with International law and treaties, to which they were ratified. As a result, Australia is left in a political and lawful bind between the complexities and intricate nature of the United Nations and Australian Government laws and legislation. Whilst the United Nations
THE SOUTH CHINA SEA DISPUTES UNDER VIEW OF INTERNATIONAL LAW Introduction The features in the South China Sea (‘SCS’) have become the root of tensions and conflicts in the region for years. Generally, that is the dispute on territory and sovereignty over ocean in whole or in part by countries in region. The case has dominated headlines for more than four decades not only because it complicatedly involves ‘multiple claimants contend over issues of sovereignty’ but also because it raises awareness
Canada, Denmark, Norway, and the United States of America. This is ongoing struggle has been characterized by what many would call publicity stunts, including the Canadian government declaring Santa Clause a Canadian citizen and the Russian government placing their flag on the seabed of the North Pole. Most recently in the news, Russia submitted a formal proposal to the United Nations Commission on the Limits of the Continental Shelf.
another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal definition about maritime security. The United Nation itself only
and the United States is no different. When it comes to these newly enacted maritime security measures, policies or threats, changes will happen that can have a different effect on individuals whether it be a private business, the countries citizens or at the local, state or federal government level. For this research paper it will discuss one of the most important maritime security issues happening today which not only affects the United States, but also an entire region, the South China Sea. In a
and elimination of marine pollution has become one of the major issues in the contemporary law of the sea and it has proved to be a complex task, requiring the creation of a new and growing body of international law. This process, though in certain respects still incomplete, has reached its potentially most significant stage of codification and development through the provisions of the Law of the Sea Convention of 1982. The control of aquatic pollution has been identified as an immediate need for sustained
that the United States is in violation of its 200-mile territorial sea. From it’s inception, Ecuador had accepted the customary three mile limit as the demarcation of its territorial waters. However, after 130 years, Juan Valdez achieved power in 1952. Under his regime, he proclaimed that the three mile boundary was never meant to be considered a fixed and unalterable boundary, and that historical practices as well as the natural features of the area justified a 200-mile territorial sea. Each Ecuadorian
The United States' Role in International Environmental Policies through Treaties The United States plays a vital role in international environmental foreign policy through conventions and treaties. Creating international environmental policies is complicated. However, they are necessary. The environment can't be fixed with one policy or by one country. Therefore, the United States must actively participate in the creation of international environmental policies. Creating international
usually the area in which they breed. Migratory species are of three types, terrestrial, freshwater, and marine migratory species. Terrestrial species include certain mammals, such as bats, ungulates, and birds. Freshwater species include river dolphins, sea turtles and other species of fish. Marine migrants include cetaceans, seals and a large number of fish. Highly migratory species, as the ones mentioned above, are of particular interest due to the multiple problems that arise on an international level
through M’Clure Straight and into the Beaufort Sea.”3 Historically Arctic ice made this route impossible to cross, but rising temperatures are changing that. The government of Canada believes that the Northwest Passage is situated within internal Canadian waterers, thereby falling under Canadian sovereign jurisdiction, subject to Canadian domestic laws. With the possibility of the passage becoming a international shipping rout, many countries including the United States do not agree with this claim. They
confront the injustice done to Albania reflected in the International Right with the Law of Seas. This paper will argue in favor of the decision of the Albanian Constitutional Court for rejecting the nautical pact between Greece and Albania as the most reasonable and fair decision, because it is directly connected not only to geographical and legal reasons, based on the United Nations Convention on Law of the sea (1982), but also to economic and touristic issues. The “secret negotiation” that was
The Law of the Sea Territorial Sea is established up to 12 miles from the baseline of the coast. This is an extension of the land and the coastal state exerts full sovereignty over the area. It is an area of national jurisdiction. Also establishes a contiguous zone where the coastal State may exercise the control necessary to (1) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations (2) punish infringement of the above laws and regulations committed
naval competition, Sea lines of communication (SLOCs), War at sea . The modern maritime securities after the cold war and 9/11 have been significantly changing and more complex, which is involving worldwide collaboration and mutual understanding . The United Nations Convention on the Law of the Sea (LOSC) has been managing maritime issues fundamentally for years and acceptable as the basic convention on solving maritime dilemmas. Not only dispute among states but also managing sea resources among states