Today's Customary International Law of the Sea

Roach, J. Ashley

doi:10.1080/00908320.2014.929460

Cited by 33 publications

(6 citation statements)

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“…20 The adoption of protection measures can also be understood as a duty to refrain from enabling activities that cause damage to the marine environment and its habitats and species. 21 This broad duty is a general obligation that predates UNCLOS, 22 may form part of the corpus of international customary law (Roach 2014), and as such it is in principle binding on all States, including those that are not parties to the UNCLOS.…”

Section: Conservation and Cooperation Duties Under The Unclos Regimementioning

confidence: 99%

Atlantic Shortfin Mako: Chronicle of a Death Foretold?

Rosello

Vilata²,

Belhabib

2021

Laws

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This article outlines recent events concerning the conservation and management trajectory of a highly migratory shark species, the shortfin mako (Isurus oxyrinchus), in the North Atlantic, where it has been routinely captured recreationally and as part of commercial fishing operations alongside other species. Noting recent warnings concerning the high mortality of the species in this ocean region, and the threat of imminent population collapse, this article sets out a number of applicable law of the sea provisions, and carries out an evaluation of relevant measures for target and incidental capture species, discussing their applicability to the mako fishery. It also presents an analysis of regional and global governance actions taken to date by the international community and by individual actors, noting a number of shortfalls, and outlining potential responses.

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Section: Conservation and Cooperation Duties Under The Unclos Regimementioning

confidence: 99%

Atlantic Shortfin Mako: Chronicle of a Death Foretold?

Rosello

Vilata²,

Belhabib

2021

Laws

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“…• Cameroon's status of ratification in respect of international conventions a) Status in respect of 'Safety, Security, and Ship-Port Interface Conventions' and related issues It is important to begin by noting that the umbrella convention covering most, if not all, aspects of the law of the sea is the UN Convention on the Law of the Sea (UNCLOS), 1982 5 . This convention is generally considered to have passed into customary international law (Roach, 2014). It should also be recalled that IMO is the main specialized UN Organization charged with the progressive development of international maritime law.…”

Section: Cameroon's Shipping Regulation Before the Advent Of The Sub-regional Shipping Code Regimementioning

confidence: 99%

Article Towards Developing Domestic Maritime Legislation through Sub-regional Economic Integration: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code

Buh

2021

Marit. Technol. Res.

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The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. A multilateral treaty may result in the creation of a formal sub-regional economic integration organization, and there are many such organizations in Africa, of which CEMAC is one. These organizations seek economic integration and development through objectives such as the harmonization of transport sector regulations and tend to develop legal instruments that heavily impact the legislative framework of their member states as a result. The impact of the CEMAC Merchant Shipping Code on Cameroon’s maritime legislation can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This paper thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The paper concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.

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“…Jurisprudence in the early 1980s, prior to its entry into force and when ratification was low, specified that UNCLOS' provisions on maritime delimitations and the continental shelf and the exclusive economic zone represented customary international law. 31 This would essentially render these provisions binding law. Therefore, international courts changed the obligation or legal status of UNCLOS' provisions prior to the Convention's entry into force or irrespective of ratification.…”

Section: International Judicial Performance and The Law Of The Seamentioning

confidence: 99%

International Judicial Performance and the Law of the Sea

Squatrito

2021

AJIL Unbound

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In “Judicialization of the Sea: Bargaining under the UNCLOS Regime,” Sara McLaughlin Mitchell and Andrew P. Owsiak examine the extent to which legalization and judicialization of the law of the sea has changed how states manage conflicts. They argue that legalization and judicialization have diminished maritime conflict because disputing parties are able to predict how a court would rule and, therefore, they will be more likely to bargain out-of-court to achieve more favorable outcomes. Their analysis suggests that how adjudicators perform as dispute resolution bodies is basically irrelevant. Drawing on the literature on the performance of international courts, this essay identifies numerous ways that the contribution of international courts to the resolution of disputes is contingent on key performance criteria, including legal clarification and compliance. When international courts perform at their best, judicialization enhances the impact of legalization. If performance is a contingent feature of international adjudication, then the generalizability of Mitchell and Owsiak's argument might be limited by the extent to which adjudicators achieve certain key performance criteria.

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Today's Customary International Law of the Sea

Cited by 33 publications

References 0 publications

Atlantic Shortfin Mako: Chronicle of a Death Foretold?

Atlantic Shortfin Mako: Chronicle of a Death Foretold?

Article Towards Developing Domestic Maritime Legislation through Sub-regional Economic Integration: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code

International Judicial Performance and the Law of the Sea

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