Release of a Detained Warship and Its Crew through Provisional Measures: A Comparative Analysis of the ARA Libertad and Ukraine v. Russia Cases

The determination of whether to release a detained foreign warship and its crew is a crucial issue in law and in practice. This article examines the issue of the release of a detained foreign warship and its crewmembers through provisional measures by analyzing the ARA Libertad and Ukraine v. Russia cases. Specifically three issues must be examined. The first issue concerns the interpretation of military activities under Article 298(1)(b) of the U.N. Convention on the Law of the Sea (UNCLOS). On this issue, this article highlights that a threshold for deciding the preponderance of military or law enforcement elements is of critical importance when there are mixed military and law enforcement activities. The second issue concerns the immunity of a detained ship under UNCLOS Articles 29, 32, 95, and 96. In this regard, this article argues that UNCLOS Article 32 may apply to internal waters, even though opinions of the members of ITLOS were divided on this matter. The third issue relates to the question of urgency in ordering provisional measures concerning the release of a detained ship and its crew. Here, this article argues that when identifying the existence of a real and imminent risk, there is a need to consider three temporal elements: the alleged breach of the rights of the applicant State (the past), the existence of ongoing risk (the present), and the possibility of repetition or continuity of the risk (the future)

Recent Developments in the Jurisprudence Concerning the Delimitation of the Continental Shelf Beyond 200 Nautical Miles: Analysis of the Mauritius/Maldives and Nicaragua v. Colombia Cases

This article examines recent developments in the jurisprudence related to the delimitation of the continental shelf beyond 200 nautical miles by analyzing the Mauritius/Maldives and Nicaragua v. Colombia cases. The ITLOS Special Chamber in Mauritius/Maldives did not delimit the continental shelf beyond 200 nautical miles due to applying the standard of “significant uncertainty.” In this regard, the scope of and criterion for the standard of “significant uncertainty” merit discussion. The ICJ, in Nicaragua v. Colombia, identified a rule of customary international law that the continental shelf of a State beyond 200 nautical miles may not extend within 200 nautical miles from the baselines of another State. While the holding is crucial, its reasoning needs further consideration. After an examination of the two cases, this article will conclude that despite the difference in the approaches taken by the ICJ and ITLOS Special Chamber, the legal consequence will remain the same: no effect shall be given to a continental shelf beyond 200 nautical miles that extends into the 200 nautical mile EEZ of another State

The South China Sea Arbitration After Eight Years: Its Implications for Jurisprudence and Third Parties

Even though eight years have passed since the issuance of the South China Sea arbitral award between the Republic of the Philippines and the People’s Republic of China, China has repeatedly claimed that the South China Sea arbitral award is null and void. Thus a question arises with regard to the legal consequences of the award in international law and international relations. The aim of this article is to consider this question by analyzing the impacts of the South China Sea arbitral award from three viewpoints: The impacts on the jurisdiction of an adjudicative body with regard to mixed disputes (adjudicative implications), the protection of the marine environment (environmental implications), and the perception of third States in a spatial order in the South China Sea (spatial implications). This article will argue that the legal consequences of a judicial decision cannot be completely erased by a denial of its validity by one of the disputing parties and that the assessment of a judicial decision can be regarded as a dynamic process that requires constant verification in light of the interaction between the judicial decision, subsequent jurisprudence, and State practice

Studies on the reactions of trisilanes and strained silicon compounds using transition metal complexes

筑波大学University of Tsukuba博士（理学）Doctor of Philosophy in Science1996【要旨】thesi