Suchergebnisse

This book discusses states' rights, and obligations oncerning the extended continental shelf in international law; including protecting the marine environment; and regulating activities such as fishing, marine bioprospecting, and exploitation of non-living resources.

Abstract
In the COVID-19 pandemic two particular issues have arisen in relation to borders and the law of the sea: the right of ships—particularly cruise ships—to enter port and the ongoing restrictions on seafarers aboard merchant ships. In these cases, the sovereign interests of states in preventing the spread of a dangerous virus have been pitted against the humanitarian interests of those onboard the vessels. This article first describes the humanitarian concerns created by states' responses to the emergence of COVID-19. It then discusses the various legal principles that apply to the situation, primarily the International Health Regulations, the doctrine of distress and the Maritime Labour Convention. Finally, it considers whether any lessons can be learned from this experience to hopefully lessen humanitarian problems if another pandemic happens in the future.

The Tribunal's conclusion that Itu Aba and other features in the South
China Sea are rocks that are incapable of generating exclusive economic
zones came as a surprise to some scholars and government officials who have
never interpreted Article 121(3) of the UN Convention on the Law of the Sea
(UNCLOS) in the strict way adopted in this case. In the absence of any
previous judicial interpretation of the article, a range of interpretations
of Article 121(3) have been seen in the academic literature, and in state
practice. Although much of the decision is extremely well argued, I must
disagree with the Tribunal's approach to Article 121(3).