Dispute Resolution in the Law of International Watercourses and the Law of the Sea
This volume contains the decisions rendered by the Tribunal in the years 2018 and 2019 in English and French: A procedural Order and the Judgment issued in M/V “Norstar”; Orders prescribing provisional measures in the Detention of three Ukrainian naval vessels and M/T “San Padre Pio”; and two procedural Orders issued in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean.

Le présent volume contient en français et en anglais les décisions rendues par le Tribunal au cours des années 2018 et 2019 : une ordonnance procédurale et l’arrêt rendus dans : Navire « Norstar » ; des ordonnances prescrivant des mesures conservatoires dans : Immobilisation de trois navires militaires ukrainiens et Navire « San Padre Pio » ; et deux ordonnances procédurales rendues relatives au Différend relatif à la délimitation de la frontière maritime entre Maurice et les Maldives dans l’océan Indien.
Pre-modern long-distance trade was fraught with risks which often created conflicts of interest. The ensuing disputes and the ways the actors involved dealt with them belong to the field of conflict management. How did victims of maritime conflicts claim compensation? How did individual actors and public institutions negotiate disputes which transcended jurisdictional boundaries? What strategies, arrangements and agreements could contribute to achieve the resolution of such conflicts, and to what effect? These and other questions have mainly been studied separately for the Mediterranean and Atlantic regions. Here, the two seascapes are connected, allowing for a comparative long-term perspective. The different contributions enhance our understanding in the complexity of various approaches to conflict management.

Thierry Allain, Cátia Antunes, Eduardo Aznar Vallejo, Catarina Cotic Belloube, Kate Ekama, Tiago Viúla de Faria, Ana Belem Fernández Castro, Jessica Goldberg, Roberto J. González Zalacain, Ian Peter Grohse, Thomas K. Heebøll-Holm, Laurence Jean-Marie, Daphne Penna, Pierrick Pourchasse, Pierre Prétou, Ana María Rivera Medina, Carlo Taviani, and Dominique Valérian.
Author: Xuexia Liao

Abstract

This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.

In: The International Journal of Marine and Coastal Law
Author: Valentina Vadi
This treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.
Author: Valentina Vadi

Abstract

Who was Alberico Gentili? What did he contribute to the early modern law of nations? Why does his work still matter today? What is his legacy for the future of international law? To address these questions, and to examine and critically assess Gentili’s contribution to international law, it is necessary to keep in mind his persona, i.e. his family background, education, and life experience, as well as the historical, political, and cultural context in which he lived. Gentili’s life deserves scrutiny and attention as his thought becomes intelligible only when seen against its historical, political, and cultural context.

The life of Alberico Gentili is a compelling story of success with all of the themes of a great narrative: faith, ambition, adventure, and a voyage into unknown lands, as well as conflicts, contradiction, and paradox. Born into a noble family in the Italian town of San Ginesio, Gentili studied law and graduated with a doctorate from the University of Perugia. Because of his Reformed beliefs and in order to escape the Inquisition, he fled to England, transitioning from a world of peril and fear to one of adventure and fame. He was part of an influential network and eventually became Regius Professor at the University of Oxford.

To illuminate Alberico Gentili’s contribution to international law, Chapter 2 provides a ‘thick description’ of Gentili’s life by exploring the social, cultural, and political context in which he lived and sets the scene for the subsequent legal inquiry. This chapter tries to avoid portraying Gentili’s life as a series of events unfolding in a linear fashion. Rather, particular attention is given to the elements of discontinuity in the course of his life, i.e. those crucial moments at which he faced difficult choices. The chapter uses different, albeit related, dimensional scales moving from macro- to micro-levels of analysis. At the macro-level, Gentili’s life was permeable to the major political, historical, and social events of his time. Therefore, while examining the trajectory of Gentili’s life, the chapter also briefly considers the main political, cultural, and religious processes of the sixteenth century. At the micro level, the chapter places Gentili within a transnational system of relations that changes according to chronological and geographical variables. Gentili belonged to various political, cultural, and intellectual networks and his life was shaped by his contacts with individuals, networks, and institutions. Such interpersonal linkages can offer useful units of analysis for comprehending Gentili’s complex identity.

To map Gentili’s life, the chapter relies on the combined use of literary, historical, and legal sources, as well as the Gentilian Manuscripts at the Bodleian Library in Oxford. The chapter also takes into account recent archival discoveries. The chapter contributes to the existing literature in two ways. First, it makes use of important recently de-classified sources to provide new insights into Gentili’s life. Second, by mapping Gentili’s intellectual network it unveils previously unknown aspects of his personality, life, and work.

In: War and Peace
Author: Valentina Vadi

Abstract

Although the foundational structure of international law emerged over centuries and the discipline is the product of a combined rather than individual effort, it seems appropriate to compare Alberico Gentili and Hugo Grotius’ works systematically on a range of themes to illuminate the genesis of given international law concepts and to attribute these concepts to their respective authors. In particular the chapter considers how Gentili influenced Grotius, and the extent to which Gentili’s thought can be detected in Grotius’ writings. It also discusses how the Renaissance canons of originality differ from those of today.

The chapter compares Gentili and Grotius’ respective works on a range of themes. Such comparison does not merely have historical value; rather, it can provide a better understanding of the history and theory of international law. Juxtaposing the scholarly works of Gentili and Grotius on a range of themes can help to establish whether or not Grotius borrowed certain concepts from Gentili’s work. It also clarifies the unique and original contributions Gentili and Grotius respectively made to the early modern law of nations.

In order to analyse Gentili and Grotius works, the chapter proceeds as follows. Section 1 briefly highlights why the analysis is needed and introduces the life and work of Hugo Grotius. Section 2 illustrates the different writing styles of the two scholars. Section 3 discusses the similarities and differences in their methods of argumentation. Section 4 compares some key elements of the Gentilian and Grotian theories of the law of nations, ranging from the concepts of natural law, international community, defensive and offensive warfare, peaceful dispute settlement, prisoners of war, non-combatants and, lastly, the law of peace treaties. Section 5 critically assesses the converging divergences of their respective arguments. Finally, the chapter concludes with a critical assessment, focusing on the respective contributions of these scholars to the early modern law of nations. Gentili had a profound influence on Grotius’ thought; at the same time there remain notable differences in their legal theories.

In: War and Peace
Author: Valentina Vadi

Abstract

This book contributes to current debates on the history and theory of international law by focusing on the life and work of the sixteenth-century Italian émigré, legal scholar, and practicing lawyer, Alberico Gentili (1552–1608). A Protestant who lived in exile and Regius Professor of Civil Law at the University of Oxford, Gentili contributed substantially to the development of the law of nations. Although he lived in an age of religious wars, clashes of cultures, struggles for hegemony and religious intolerance, Gentili sketched out fundamental concepts of international law while also separating international law from both theology and municipal law. Not only is his work historically relevant, but it is crucial to understand contemporary issues and ongoing debates regarding the maintenance of international peace, the safeguarding of cultural diversity, and international justice.

This book aims to develop a solid understanding of, and position on, Alberico Gentili’s contribution to international law. As Gentili’s work has been characterized by some ambiguities, this book combines both textual and contextual analysis. Not only does it carefully examine the text of the Gentilian works, but it also contextualizes the works in the political, cultural, and legal environment in which Gentili lived, in order to shed some light on this enigmatic scholar, and to map and critically assess the seminal contribution he made to the theory of the law of nations.

By unveiling the dialectical oscillations of the Gentilian thought between opposing poles, this work provides the reader with the critical tools necessary to appreciate the complexity of the Gentilian opus against the lights and shadows of the sixteenth century. It also provides the reader with a complete analytical framework of Gentili’s major theoretical contributions to international law, which may be of use to both practitioners and scholars with an interest in the past, present, and future of international law.

In: War and Peace