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Robin Churchill

Robin Churchill

Robin Churchill

Robin Churchill

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2013 were the delivery of a judgment by the International Tribunal for the Law of the Sea (itlos) finding that it lacked jurisdiction in the Louisa case; an order of provisional measures by the itlos in the Arctic Sunrise case; and the initiation of a record 10 new cases. These and other developments are reviewed in detail.

Robin Churchill

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main development during 2014 was the delivery of four judgments—two by the International Court of Justice (one concerning maritime boundary delimitation between Peru and Chile, the other the Whaling case between Australia and Japan); one by the International Tribunal for the Law of the Sea, concerning the arrest and detention of a Panamanian vessel by Guinea-Bissau; and one by an Annex vii arbitral tribunal, concerning delimitation of the maritime boundary between Bangladesh and India. In addition, the dispute between Denmark (in respect of the Faroe Islands) and the European Union over the management of a shared stock of Atlanto-Scandian herring was settled; and judicial proceedings in three new cases (all concerning maritime boundary delimitation) were initiated. These and other developments are reviewed in detail.

Robin Churchill

Abstract

There is widespread and persisting non-compliance in relation to many of the provisions of the UN Convention on the Law of the Sea. This is a matter of serious concern because it undermines the integrity and legitimacy of the Convention, causes disputes and harms the marine environment. To remedy the situation, more use should be made of existing mechanisms to induce compliance, especially the possibilities of compulsory dispute settlement under Part XV of the Convention, retorsion and counter-measures, and by developing compliance mechanisms for other treaties that indirectly help to promote compliance with the Convention. In some cases assistance in capacity building may also be desirable.

Robin Churchill

Abstract

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2012 were the delivery of judgments by the International Tribunal for the Law of the Sea (ITLOS) in the Bangladesh/Myanmar case and by the International Court of Justice (ICJ) in the Nicaragua/Colombia case, both concerned with maritime boundary delimitation; and the institution of Annex VII arbitration by Argentina against Ghana relating to the arrest of a State-owned vessel and the subsequent order of provisional measures by the ITLOS. These and other developments are reviewed in detail below.