Keyword: Law of the Sea


The Role of Industry Self-regulation in International Maritime Law

Christian Frier, Kim Østergaard

This chapter examines the role of industry self-regulation in relation to international maritime law. While multilateral intergovernmental agreements are important to encouraging regulatory harmonisation, private actors have an essential role in industry, both in developing norms and in making rules and standards effective to ensure safe and secure shipping on clean oceans. Nonetheless, private actors are often overlooked and yet to be placed in the context of international maritime law and especially the United Nations Convention of Law of the Sea (UNCLOS). This chapter does so by analysing industry self-regulation in relation to UNCLOS, flag states and the International Maritime Organization (IMO) respectively.

Routledge / 2024
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Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia): Reflections on the ICJ Judgment of 21 April 2022

Yoshifumi Tanaka

Purpose— The article presents a commentary on the case Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), aiming to deliver a comprehensive summary of the case and general commentary on the most relevant claims and the procedural history. Design, Methodology, Approach— The article comments on the case following a procedural structure, explaining the principal factual and jurisdictional issues, the application presented by Nicaragua, the preliminary exceptions, and the counterclaims presented by Colombia during the jurisdictional phase of the case leading to the judgment on jurisdiction in 2016, and the decision on the merits rendered by the Court in 2022. Findings— The commentary highlights the difficulties raised before the ICJ when entertaining the admissibility of counterclaims, and studies the factual pattern that led to Nicaragua’s application as a manifestation of a conduct of resistance to international courts and tribunals. Practical Implications— The article may provide readers with in-depth knowledge of recent litigation that is relevant to the law of the sea but also the authority of the ICJ and the effectiveness of its judgments. Originality, Value— The article is one of the few case commentaries on the procedural history and legal claims before the ICJ in this very recent case that was decided by the Court in 2022.

Global Community Yearbook of International Law and Jurisprudence / 2023
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