United Nations Convention on the Law of the Sea

2. TERRITORIAL WATERS Article 2(1) of the United Nations Convention on the Law of the Sea (UNCLOS)48 provides that, “[t]he sovereignty of a coastal State ex-tends, beyond its land territorial and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea”. This maritime zone extends up to 12 nautical miles (Article 3, UNCLOS). The only major exception to this sovereign power of the state is the right of innocent passage, enshrined in Article 17 of the UNCLOS. Coastal States are entitled to regulate migration activities within their territorial sea and this clearly extends to measures intended to prevent the infringement of immigration laws. The coastal state…

B. THE CASE OF MV TAMPA The MV Tampa was a Norwegian merchant ship which was prevented by the Australian Government from entering into its territory. The Tampa rescued about 433 people in August 2001; many of them were of Afghan origin. These persons had been trying to reach Australia in a wooden fishing boat but the boat started sinking about 140 kilometers off the coast of Christmas Island. Some of the people aboard the ship required urgent medical attention so the Tampa decided to proceed to…

Why South China Sea is victim of disputes? The South China Sea is intentionally sited. It is sited in a way that it overlaps the main lanes of the sea between Asia, Middle East and the Europe. It becomes the main international way for sea trade and transportation, where most of the world’s largest traffic passes. As a global concern, the geopolitical and economic importance of the South China Sea lessens the secure navigation of tanks in water. The region plays a strategic maritime and military…

Now? In my personal belief whaling should be better regulated than what it is today and that even though yes they have international laws put into place it isn't what would be considered a final point in this fight against those that wish to do whales harm. The process of whaling has been around since about 800 A.D. whales were hunted for their meat, oils and bones. They were also turned into shoe polishes, margarines, dog foods, and tennis racket strings. Coastal species in Europe, and then…

of the St Anthony were killed. The question continues as to which state has the claim to jurisdiction. The main goal of making use of an alternative dispute resolution between the two nations is to be able to maintain the relationship between India and Italy. Background Facts: On February 2012, an Italian Merchant Vessel Enrica Lexie with Italian Armed Forces aboard the vessel were sailing close to Indian waters. While on their route they encountered the St Anthony, an Indian Fishing boat.…

jurisdiction must be analyzed. International legal rules limit that ability to apply its statutes extraterritorially, however, there are two determinations for extraterritorial jurisdiction. The first is whether a domestic law exists that covers the offensive act, and the second is whether a sovereign state may, under international law, prescribe such conduct extraterritorially. There are five bases of jurisdiction that states use for application of jurisdiction internationally; territoriality…

As a matter of fact, it was one of the first countries in the region to endorse the United Nations Convention on the Rights of the Child in 1990. Even more, it has also ratified other international conventions including the Palermo Protocol on Trafficking in Persons, Mainly Women and Children, as well as the Abolition of Forced Labor Convention and Worst Forms of Child Labor Convention in 2000. Similarly, Saint Kitts and Nevis has accessioned the Protocol against the Smuggling of Migrants by…

The Arctic Circle in recent years has been the source of international conflict as natural resources are discovered and climate change is impacting the indigenous people, wildlife, and changing the arctic environment. The current governing body, the Arctic Council, and global agreements and treaties are not adequately protecting the Arctic environment. After examining the various conventions and treaties that have been made in effort to govern the Arctic Circle, it is evident that some…

While the tiny island in the Arctic seems to be of little significance, Canada and Denmark still disagree about who owns Hans Island, even 42 years later. The most recent dispute was in 2005 when in July, the Foreign Defense Minister of Canada, Bill Graham, visited the island. This visit “led to the symbolic dispatch of warships to the region.” (Wilkinson et al. 191), and in September, the countries agreed to a truce (Stevenson 263). As extreme as dispatching warships may sound, the relationship…

achieve the United Nations Convention on Climate Change (Kyoto Protocol) in order to stabilize the concentration of greenhouse gases in the atmosphere and to prevent dangerous interference with the climate. The article written by Scott Barrett and Robert Stavins analysis the effectiveness of such international protocol while proposing…