Law of the Sea

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The Recognition of a Customary Rule of International Law in NICOL II – A Redundant Exercise?

November 22, 2023

In Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (NICOL II), the International Court of Justice (ICJ) observed a general trend in which coastal States had “chosen not to assert” outer continental shelf entitlement “within 200 nautical miles of the baselines of another State” (para 77). The respondent argued that in 51 submissions of States, under Article 76 of UNCLOS, the proposed outer limits “stopped at the 200-nautical-mile zones of other States when, on technical grounds [..] they could have gone further”. The Court held that this practice reflected a rule of customary international law. The above determination has triggered criticism as to whether the practice identified by the Court as the basis for a rule of customary international law was accompanied by opinio juris. Judge Tomka noted in his dissenting opinion that the analysis of the ICJ “is incomplete” (para 44) for a number of reasons, including the lack…

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Attacks against Europe’s Offshore Infrastructure within and beyond the Territorial Sea under Jus ad Bellum

October 17, 2023

The EU and NATO Member States appear to be engaged in a shadow war with Russia where pipelines, cables, and windfarms connected with the former are allegedly targeted by the latter. The recent suspected sabotage against a 77-km-long submarine gas pipeline and a telecommunications cable linking Estonia and Finland fuels the common…

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The Legal Fight Over Deep-Sea Resources Enters a New and Uncertain Phase

August 22, 2023

The past month was a flashpoint in the future of deep-sea exploitation – a future inexorably linked to the transition to a decarbonized economy. Deep-sea exploitation is governed by the International Seabed Authority (the ISA), an intergovernmental organization established by the United Nations Convention on the Law of the Sea (UNCLOS). The ISA’s authority covers a large…

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A Commentary on the 2023 Nicaragua v Colombia case  

August 4, 2023

On 13 July 2023, the International Court of Justice (ICJ or the Court) handed down its long-awaited judgment on the merits in the Nicaragua v Colombia case concerning the delimitation of the continental shelf beyond 200 nm. An overview of the judgment and observations upon it by Hilde Woker have already been posted on this blog.

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On the Question of opinio juris in Nicaragua vs. Colombia (Judgement 13 July 2023)

August 3, 2023

Introduction The recent judgment of the International Court of Justice on the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia) is, so to speak, making waves, despite the holiday period (eg here and here). The Court had…

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