Category Archives: Arbitration

The Maritime Aspects of the Award in the Arbitration between Croatia and Slovenia

By: Nigel Bankes Decision commented on: Final Award pursuant to the Arbitration Agreement between the Government of the Republic of Croatia and the Government of the Republic of Slovenia, signed on 4 November 2009, Final Award 29 June 2017 The … Continue reading

Posted in Arbitration, Bays, Delimitation, Territorial sea | Leave a comment

The due diligence obligations of the flag state with respect to its fishing vessels and the environment

By: Eva Romée van der Marel  PDF Version: The due diligence obligations of the flag state with respect to its fishing vessels and the environment Decision commented on: The Matter of the South China Sea Arbitration, Between the Republic of Philippines … Continue reading

Posted in Arbitration, China, Due Diligence, Due Regard, Environment, Exclusive ecnomic zone, Fisheries, Flag state responsibility, Law of the Sea Convention, Marine living resources, Philippines, South China Sea | Leave a comment

The South China Sea Award and the duty of “due regard” under the United Nations Law of the Sea Convention

By: Julia Gaunce PDF Version: The South China Sea Award and the duty of “due regard” under the LOSC Decision Commented On: Award on the Merits of the Annex VII Tribunal, In the Matter of the South China Sea Arbitration, … Continue reading

Posted in Arbitration, Due Regard, Exclusive ecnomic zone | Leave a comment

The South China Sea Arbitration’s Interpretation of Article 121(3) of the LOSC: A Disquieting First

By: Alex G. Oude Elferink PDF Version: The South China Sea Arbitration’s Interpretation of Article 121(3) of the LOSC: a Disquieting First Decision commented on: The Matter of the South China Sea Arbitration, Between the Republic of Philippines and The … Continue reading

Posted in Arbitration, China, Continental shelf, Exclusive ecnomic zone, Islands, Philippines, Rocks, South China Sea, Spratly Islands | 2 Comments

The South China Sea Award and the Vienna Convention on the Law of Treaties

JCLOS Blog Admin: This is the first of what we hope will be a series of different posts over the next few weeks on the Award on the Merits in the South China Sea Arbitration. By: Nigel Bankes PDF Version: … Continue reading

Posted in Arbitration, Good faith, Islands, Treaty Interpretation, Vienna Convention on the Law of Treaties | Leave a comment

The Annex VII Tribunal in The “Enrica Lexie” Incident Makes New Provisional Measures Order

By: Nigel Bankes PDF Version: The Annex VII Tribunal in The “Enrica Lexie” Incident Makes New Provisional Measures Order Decision commented on: Annex VII Arbitral Tribunal, Order on Prescription of Provisional Measures in the “Enrica Lexie” Incident, Registry of the Permanent Court of … Continue reading

Posted in Arbitration, Provisional measures | Leave a comment

The Faroe Islands’ Response to EU Trade Restrictions on Atlanto-Scandian Herring

By: Nele Matz-Lück PDF Version: The Faroe Islands’ Response to EU Trade Restrictions on Atlanto-Scandian Herring Proceedings commented upon: European Union – Measures on Atlanto-Scandian Herring The Faroe Islands have initiated international proceedings in the World Trade Organization (WTO) against … Continue reading

Posted in Arbitration, Countermeasures, Fisheries, Shared fish stocks, Trade law, WTO dispute settlement | 2 Comments

The Arctic Sunrise Incident and the International Law of the Sea

By: Alex Oude Elferink PDF Version: The Arctic Sunrise Incident and the International Law of the Sea Decision commented on: The “Arctic Sunrise” Case (Kingdom of the Netherlands v Russian Federation, Request for the prescription of provisional measures, Order of 22 … Continue reading

Posted in Arbitration, Arctic, Continental shelf, Hot pursuit, Installations, Law enforcement, Provisional measures, Safety Zones | Leave a comment