The Experts below are selected from a list of 288 Experts worldwide ranked by ideXlab platform

Robert Mclaughlin - One of the best experts on this subject based on the ideXlab platform.

  • the continuing conundrum of the somali Territorial Sea and exclusive economic zone
    The International Journal of Marine and Coastal Law, 2015
    Co-Authors: Robert Mclaughlin
    Abstract:

    Among the many challenges facing Somalia as it seeks to enable its maritime future is the continuing conundrum presented by its historical claim to a 200-nautical-mile Territorial Sea. However, as a degree of stability has returned, a series of important—but largely forgotten—national and international legislative and policy steps taken by the Somali Democratic Republic just prior to the onset of the civil war have been rediscovered. This has cast the issue in a new light, and raises several questions as to the consequences and evolution of the Somali legal relationship to the maritime domain. This article describes the current status of the Somali claim, with a view to illuminating the legal history behind the Somali legislative ‘start point’ for the recently filed application with the International Court of Justice in relation to its Exclusive Economic Zone delimitation with Kenya.

  • united nations naval peace operations in the Territorial Sea
    2009
    Co-Authors: Robert Mclaughlin
    Abstract:

    Drawing on the operational experience of United Nations naval peace operations, this book examines issues of authority for such operations as they relate to and impact upon the Territorial Sea.

  • East Timor, Transitional Administration and the Status of the Territorial Sea
    Melbourne Journal of International Law, 2003
    Co-Authors: Robert Mclaughlin
    Abstract:

    I INTRODUCTION There is nothing new in the United Nations, more particularly the UN Security Council ('UNSC'), undertaking tasks or establishing protocols for the conduct of 'domestic' functions in post-conflict areas. This form of temporary UN control and governance has been an element in several UN peace-support operations, (1) evidenced in acts of political governance ranging from attempts to reconvene the Congolese Parliament, (2) through to 'restoring law and order' in places like the Congo and East Timor, (3) to establishing and monitoring election systems in Namibia, the Western Sahara, Bosnia-Herzegovina, East Timor and Cambodia. (4) At other times UN control and governance has been manifested in a Territorial sense--such as the establishment of no-fly zones in Iraq, (5) and the promulgation of UN safe areas during the Balkans conflict. (6) The current 'high water mark' (7) of UN transitional administration is to be found in the recently completed operations of the UN Transitional Administration in East Timor ('UNTAET') and in the ongoing operations of UN Interim Administration Mission in Kosovo ('UNMIK'). These are missions in which the UNSC, through appointed Special Representatives of the Secretary-General, has exercised or continues to exercise unprecedented power and authority over the people and territory under administration. One issue that has not been widely examined, however, is the practical effect of such mature transitional administration on the status of any waters attached to that territory; waters which would otherwise be characterised as a 'Territorial Sea'. This short article aims to outline several potential approaches to characterising the legal status of the Territorial Sea of an entity under UN transitional administration. To do this, it will first briefly outline the context of transitional administration in East Timor by distinguishing it from that of the contemporaneous UN transitional administration in Kosovo. It will then employ the East Timor example as a lens through which to examine three possible options for characterising the Territorial Sea of UN-administered entities. The first two of these options are the sovereignty-based possibilities of residual colonial sovereignty and immediate vestment in the state-in-waiting (the entity under transitional administration). The third is an alternative possibility of temporary UN control of the Territorial Sea-designate. The article will then conclude with a few brief comments on the status of the Territorial Sea of entities under some degree of UN transitional administration, but in non-self-determination situations. II BACKGROUND: THE EAST TIMOR CONTEXT Several core aspects of the context of the UNTAET can be conveniently illustrated by comparison with that of the contemporaneous UN operation in Kosovo. Although similar in execution, the context of UNTAET, in which UNSC-mandated power and authority in the entity was exercised until its full independence on 20 May 2002, (8) differs from that of UNMIK in three significant ways. Firstly, given Portugal's poor colonial development record until it abdicated the territory in 1975, there was little in the way of recent indigenous experience or institutions of self-governance in East Timor. Further, the subsequent 25 years of Indonesian occupation (1975-99) saw East Timor governed essentially as a military zone, again with heavily constrained local participation. (9) Kosovo, on the other hand, had had recent local experience and the memory of a significant degree of self-rule and autonomy within the Socialist Federal Republic of Yugoslavia, despite the fact that this autonomy was in abeyance in the decade 1989-99. Secondly, while it was a relatively sudden escalation in violence that sparked involvement by the North Atlantic Treaty Organisation ('NATO'), and subsequently the UN, in Kosovo, (10) East Timor had been subject to 25 years of atrocities and resource stripping. …

  • united nations mandated naval interdiction operations in the Territorial Sea
    International and Comparative Law Quarterly, 2002
    Co-Authors: Robert Mclaughlin
    Abstract:

    The practice of imposing economic sanctions in order to influence the actions of states and other parties—historically with varied levels of actual effectiveness—has a long and chequered history. 2 Given, however, that more than 90 per cent of the world's trade is carried by Sea, 3 it is one particular form of sanction management—the ‘so called economic weapon’ of naval blockade— which tends to dominate the implementation of sanctions regimes. 4 Yet despite the frequency with which naval forces are used to implement maritime sanctions—or perhaps because of the long but erratic history of naval embargo and blockade—the regime as a whole remains haunted by some uncertainties as to its conceptual basis. As WL Martin observes, ‘some measures such as “pacific blockade”, have at times acquired a technical meaning’ which has left them ill-equipped to deal with and adjust to new developments in blockade practice. 5 Even prior to 1914, the notion of ‘blockade’ was a dualist concept. On one hand, it was clearly a weapon of war. 6

Mf Lando - One of the best experts on this subject based on the ideXlab platform.

  • Judicial Uncertainties on Territorial Sea Delimitation under Article 15 UNCLOS
    2020
    Co-Authors: Mf Lando
    Abstract:

    The recent international jurisprudence has shown considerable uncertainty in delimiting the Territorial Sea. While international tribunals endorse a two-stage approach to Territorial Sea delimitation, there lacks judicial consensus on the practical implementation of such an approach. This article argues that the rule-exception relationship between equidistance and special circumstances, as it emerges from the drafting history of Article 15 UNCLOS and the jurisprudence prior to 2007, should inform the delimitation of the Territorial Sea. The recent cases, which have strayed from the earlier jurisprudence on Article 15 UNCLOS, should be seen as a misconstruction of the law applicable to Territorial Sea delimitation.

  • JUDICIAL UNCERTAINTIES CONCERNING Territorial Sea DELIMITATION UNDER ARTICLE 15 OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE Sea
    International and Comparative Law Quarterly, 2017
    Co-Authors: Mf Lando
    Abstract:

    AbstractRecent international jurisprudence has shown considerable uncertainty with regard to the delimitation of the Territorial Sea. While international tribunals endorse a two-stage approach to Territorial Sea delimitation, there is a lack of judicial consensus on the practical implementation of such an approach. This article argues that the rule-exception relationship between equidistance and special circumstances, as reflected in the drafting history of LOSC Article 15 and in jurisprudence prior to 2007, should inform the delimitation of the Territorial Sea. Cases since 2007 which have strayed from the earlier jurisprudence on LOSC Article 15, should be seen as a misconstruction of the law applicable to Territorial Sea delimitation.

Guo Yuan - One of the best experts on this subject based on the ideXlab platform.

M J Valencia - One of the best experts on this subject based on the ideXlab platform.

Ocean Planning - One of the best experts on this subject based on the ideXlab platform.