Law Of The Sea Dispute Settlement: Past, Present, And Future

For some, the vision of international courts able to issue binding rules of decision and clarify the meaning of rules of international law has had great pull

Judicial and Arbitral Proceedings and the Outer Limits of the Continental Shelf

This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution-the Commission on the Limits of the Continental Shelf-to make recommendations concerning them. Limits set by coastal states on the basis of such recommendations shall be final and binding. Yet the Law of the Sea Convention\u27s third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean and other oceans. International courts and tribunals are likely to play only limited roles in reviewing a coastal state\u27s compliance with the substantive and procedural requirements of the Law of the Sea Convention related to the outer limits of its continental shelf. Rules about jurisdiction and standing, and the need to accord appropriate deference to the Commission on the Limits of the Continental Shelf, will restrict the cases that may be pursued. Although third-party tribunals might issue occasional advisory opinions or rulings in contentious interstate cases, helping to settle disputes or promote consistent and accurate application of the law, alternative mechanisms will often have to further these goals

Space and spatiality in the colonial discourse of German South West Africa 1884-1915

Bibliography : pages 312-319.The present study sets out to accomplish two things: first, to demonstrate that space and spatiality is the domain in which discourse partakes of the colonial project, and second, to isolate a number of textual strategies employed in the discursive production of colonial space. The first aim requires a lengthy theoretical discussion which occupies the first part of the study. Here I develop the thesis that spatiality as a philosophical preoccupation has never been divorced from the questions of sigmfication and subjectivity, and that the production of significant and subjective space is always a production of social space. In support of this thesis, it is shown that vision and writing are the two functions in which subjective space becomes meaningful, and that in both cases it becomes meaningful only as social space. It is thus in the context of looking and writing that the production of colonial space may be examined as a social space within which meaning and subjectivity are possible. The second aim requires an analytical study of a number of colorual texts, which I undertake in part II of the study. For simplicity, I have confined myself to the colonial discourse of German South West Africa in the period 1884-1915. The central thesis developed here is that discourse develops strategies for enclosing spaces by demarkating borders, privileging certain passages between spaces and blocking others. This organization of space is presented as the ordering of a chaotic multiplicity and, as such, as a process of civilization. The contradiction between the blocking and privileging of passages results in what I call a "ritual of crossing": an implicit set of rules prescribmg the conditions of possibility for crossing the borders it establishes. As a result, in its production of space, the colonial text assumes a mythical function which allows it to transcend the very spaces it produces. It is here that I attempt to situate colonial discourse's claims to uruversal truth. In conclusion, the detailed analysis of the production of space in colonial discourse may be understood as a strategic intervention. It attempts to use the texts of colonisation to counter colonization's claims to universal truth and a civilizing mission

Louis B. Sohn and the Law of the Sea

Louis B. Sohn significantly influenced the modern law of the sea, as he did other areas of international law. Though a positivist immersed in the human history and process of developing the law, Louis was also a visionary who saw international law as a noble endeavor that could improve or even transform the world. Part I of this essay describes Louis\u27s various roles and character. Part II briefly sets out his vision and his sense of the interconnectedness between the law of the sea and other areas of international law. Part III analyzes how Louis saw the international lawmaking process, with which he sought to implement his vision

U.S. Policy and the United Nations Convention on the Law of the Sea

This essay examines U.S. attitudes toward the U.N. Convention on the Law of the Sea. Part I characterizes different U.S. perspectives toward foreign policy and international law, noting how these different viewpoints shape attitudes toward U.S. acceptance of the Convention. Part II then compares three concerns that U.S. Convention opponents have raised (relating to navigational freedom, U.S. participation in international institutions, and U.S. leadership in international affairs) to the perspectives associated with of one of the several different foreign policy approaches. Many followers of historically-predominant U.S. foreign policy approaches do not share the concerns of Convention opponents. However, even if the U.S. does accept the Convention, views of Convention skeptics may well influence how the U.S. interprets the instrument and interacts with other States Parties

Places of Refuge for Ships

This essay first provides an overview of Places of Refuge for Ships, a book that contains essential information and perspectives for lawyers and policy makers. Part III then briefly explores why the issue of places of refuge is daunting. The reasons for the complexity of this issue set the scene for Part IV, which proposes a process-oriented approach to assess and manage risks where vessels in distress seek access to places of refuge

William Howard Taft and the Taft Arbitration Treaties

An essay is presented on former U.S. President William Howard Taft, focusing on his views towards international law, the two Taft Arbitration Treaties with France and Great Britain, and his role as Chief Justice of the U.S. Supreme Court. Taft\u27s role as the head of the League to Enforce Peace following his presidency is also examined

Louis B. Sohn and the Law of the Sea

Louis B. Sohn significantly influenced the modern law of the sea, as he did other areas of international law. Though a positivist immersed in the human history and process of developing the law, Louis was also a visionary who saw international law as a noble endeavor that could improve or even transform the world. Part I of this essay describes Louis\u27s various roles and character. Part II briefly sets out his vision and his sense of the interconnectedness between the law of the sea and other areas of international law. Part III analyzes how Louis saw the international lawmaking process, with which he sought to implement his vision