International Tribunal for the Law of the Sea

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The Competence of the International Tribunal for the Law of the Sea in its New Advisory Proceedings on Climate Change

On the sidelines of last year’s COP26, Antigua and Barbuda and Tuvalu concluded the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (‘the Agreement’ establishing ‘the Commission’). The Agreement is open to signature by all 39 members of the Alliance of Small Island States, and currently also includes Niue, Palau, Saint Lucia, and Vanuatu.

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Beyond COP26: Time for an Advisory Opinion on Climate Change?

The recent Glasgow Climate Change Conference (COP26) provided a stark reminder of the gap between states’ planned greenhouse emission reductions and the global temperature goal enshrined in the Paris Agreement. The conference also dramatically showcased once more the plight of vulnerable nations faced with the devastating impacts of rising sea levels and extreme weather events.

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Unpacking Sovereignty and Self-determination in ITLOS and the ICC: A Bundle of Rights?

In a short space of time, two international courts have handed down rather dramatic decisions related to the contested issues of self-determination and sovereignty of the Chagos Archipelago and Palestine, which have, for a very long time now, been under the UK and Israeli occupation respectively. On 28 January 2021, an ITLOS Special Chamber found…

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Rocks in the Law of the Sea: Some comments on the South China Sea Arbitration Award

Article 121(2) of the United Nations Convention on the Law of the Sea (the Convention) stipulates that “the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.” According to the International Court of Justice, this rule has…

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The Curious Case of the ‘Legal Effect’ of ICJ Advisory Opinions in the Mauritius/Maldives Maritime Boundary Dispute

On Thursday 28 January, the ITLOS Special Chamber delivered its judgment on the admissibility of the Dispute concerning the delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). One of the key issues was the Maldives’ contention that the ongoing dispute between Mauritius and the UK over the Chagos Islands precluded the…

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