83 research outputs found
Human rights from within the UNCLOS System:An overview
No full textAs the chapters of this part explore, from whichever angle it is viewed, the interactions between state authorities and vessels at sea invariably connect ocean governance, safety, security and sharing of the sea’s resources to a general concern with global social development and sustainability and, more specifically, to the lives of individuals. Thus, various scenarios will simultaneously fall within the scope of UNCLOS and the human rights law regimes. As presented here, the chapters in this part of the book look at the relationship of human rights and international human rights law (IHRL) with law of the sea (LOS), from a viewpoint outside the UNCLOS system and from the perspective of the general principles on which the UNCLOS is based. To provide an important backdrop to these studies, this chapter gives an overview of human rights from within the UNCLOS system. It does so by considering how human rights were envisaged at the UN Conference on the Law of the Sea, examining the so-called ‘human concerns’ that made their way into the UNCLOS text, and by specifically accounting for the extent to which human rights obligations may be borne by flag states.</p
Interpretation of UNCLOS 1982 based on General Principles of Law:‘Considerations of humanity’ in disembarkation of rescued refugees and migrants
No full textThis chapter considers interpretation of the duty to render assistance in Article 98 UNCLOS in light of the current situation in Libya. It does so from the position that the UNCLOS is both a codification and a framework convention. Regulation of the duty to render assistance relies on the duty to ensure disembarkation at a ‘place of safety’ under the SOLAS and SAR conventions, in addition to IMO guidance. The chapter contends that proper interpretation of the term ‘safety’ requires an examination of the general principles of law underlying the UNCLOS, including general principles specific to the Convention as well as the ‘elementary considerations of humanity’ referred to in ITLOS case law that are deeper-level general principles applying to all public international law. The chapter concludes that taking general principles of law into account, including ‘considerations of humanity’, can reduce the protection gap between law of the sea and international human rights law and thus preclude disembarkation in countries such as Libya.</p
Introduction to UNCLOS 1982 as a System of Regulation
No full textChapter 1 introduces the general idea and some of the underlying themes of this volume and sets a framework for its structure and the following contributions. Forty years on, it is argued that UNCLOS indeed still has huge importance for the governance of the oceans but also has its limitations in different ways. This raises the question how UNCLOS can maintain its importance as the main instrument of legal ocean governance and how methodological approaches may support this. Taking the recent Nord Stream incident as an illustrative example, the underlying ideas about the timeliness of a volume on UNCLOS as a system of regulation are presented, followed by the themes that were given to the contributors to this volume as a backdrop for their own work. The chapter concludes with an outline of the four parts of this volume: law and order at sea; UNCLOS and human rights; UNCLOS and private actors; and UNCLOS and methodology.</p
Introduction to UNCLOS 1982 as a System of Regulation
No full textChapter 1 introduces the general idea and some of the underlying themes of this volume and sets a framework for its structure and the following contributions. Forty years on, it is argued that UNCLOS indeed still has huge importance for the governance of the oceans but also has its limitations in different ways. This raises the question how UNCLOS can maintain its importance as the main instrument of legal ocean governance and how methodological approaches may support this. Taking the recent Nord Stream incident as an illustrative example, the underlying ideas about the timeliness of a volume on UNCLOS as a system of regulation are presented, followed by the themes that were given to the contributors to this volume as a backdrop for their own work. The chapter concludes with an outline of the four parts of this volume: law and order at sea; UNCLOS and human rights; UNCLOS and private actors; and UNCLOS and methodology.</p
Starvation as a method of warfare: A legal analysis regarding the criminal responsibility of Benjamin Netanyahu for violations of article 8(2)(b)(xxv) of the Rome Statute
No full textThe risk of collusion as a ground for pre-trial detention - the Administration of Justice Act section 762(1)(3) and the ECHR Art. 5
No full textThe Evidential Weight of Dna in Criminal Cases - An Analysis in Light of the Principle of Free Evaluation of Evidence
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