UNCLOS

Many governments face the problem of IUU fishing. Spain is a state party to the United Nations Convention on the Law of the Sea (UNCLOS) and has comprehensive spatial planning compatible with international norms. In its maritime territory, the penal code is applied according to the legal regime applicable the different areas and within limitations …More

Superposition of national legal regimes in maritime disputed areas is governed by a set of international rules provided for in Articles 74 and 83 of the United Nations Convention on the Law of the Sea (UNCLOS). According to those articles, and as the international jurisprudence confirmed, not all activities are permissible in those areas, and …More

Literature on piracy in Nigeria abound. However, limited insights have been suggested on how to effectively enforce antipiracy legislation through an enhanced institutional regime, from a comparative perspective. This study interrogates the significance of well-equipped and well-trained maritime regulatory and security institutions in enforcing antipiracy instruments in Nigeria. Thus, the study comparatively analyses Nigeria and …More

China has claimed sovereignty over the islands and archipelagos within the South China Sea dating back to 1947 when the ‘eleven-dash line’ was first published by the Nationalist government of the Republic of China. Malaysia is one country that is particularly impacted by China’s claim, which includes the Spratly Islands, a major pathway for global …More

This paper addresses the Common Heritage of Mankind (CHM) with respect to marine and outer space resources, in light of relevant treaties. Possible developments concern internationally, the drafting of a special regulation on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction and, nationally, newly-adopted regulations on the commercial use of …More

Even if not originally conceived of as related to cultural heritage, the common heritage of mankind (CHM) principle progressively makes its way into this field too. International norms regulating underwater cultural heritage (UCH) fit in the same evolving trend. However, they have to relate to an existing legal framework that has a completely different – …More

According to media coverage, a ‘pirate attack’ took place off the coast of Suriname in April 2018. This submission assesses whether the violent incident meets the definition of piracy under international law, reviews different (legal) definitions, and highlights the importance of the location of the attack. It is argued that the use of the term …More

On 24 December 2017, the United Nations General Assembly adopted Resolution 72/249 dealing with the development of an International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. In line with the Resolution, a new intergovernmental conference met …More

This paper seeks to question the prevailing orthodoxy on the need for the ‘package deal’ on the proposed international legally-binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to address marine genetic resources, including questions relating to access and benefit sharing. Through an examination of …More

Non-governmental organisations (NGOs) have become increasingly involved in search and rescue in the Mediterranean Sea in order to fill a gap in humanitarian protection. This article examines the legal framework of their search and rescue activities. The international law of the sea sets out an obligation to render assistance to persons in distress at sea. …More