China claims that these dashes have ‘historic origins’ and that they predate the United Nations Convention on the Law of the Seas (UNCLOS) that was established in 1982. The UNCLOS is an international agreement that defines the rights and responsibilities of the member na-tions with respect to their use of the world's oceans, establishes guidelines for businesses, the environment, and the management of the marine natural resources. It replaced the following four treaties:
1. Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 Septem-ber 1964
2. Convention on the Continental Shelf, entry into force: 10 June 1964
3. Convention on the High Seas, entry into force: 30 September 1962
4. Convention on Fishing and Conservation
…show more content…
The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes .The convention set the limit of various areas, measured from a carefully defined baseline.
It was opened for signature on 10 December 1982 and entered into force on 16 November 1994 and has been ratified by 168 states, which includes 167 states (164 member states of the United Nations plus the UN Observer state Palestine, as well as the Cook Islands, Niue and the European Union) .
UNCLOS is widely accredited and recognized as the ‘Constitution for the Oceans ’ by the states and plays a vital role in conducting inter-state relations in the oceans. At the same time, UNCLOS is also a treaty under International law and provides governing aspects of the ocean affairs. Article 38 of the Statue of the International Court of Justice provides four sources of the International law:
(a) international conventions, whether general or particular, establishing rules expressly recog-nized by the contesting
…show more content…
In practice, all the UNCLOS related matters go to either ITLOS and the arbitral tribunal un-der Annex VII. ITLOS comprises of a permanent body of twenty one judges whereas the lat-ter is composed of five judges whose membership and rules of procedure are prescribed at length. No further consent is required from any nation that has ratified the Convention and has a relevant claim brought against it.
It is under Annexe VII of the Convention an arbitration tribunal, that the Permanent Court of Arbitration (PCA) was established in July 2013. In January 2013, the Philippines formally initi-ated arbitration proceedings against China's territorial claim on the "Nine-Dash Line", which it said is ‘unlawful’ according to the UNCLOS. The line, first inscribed on a Chinese map in 1947, had “no legal basis” for maritime claims, deemed the Permanent Court of Arbitration in The Hague. In July 2016, the PCA tribunal judged that there was no evidence that China had ‘historically exercised exclusive control’ over the waters or resources within the Nine-Dash Line. The legalities of the claims for the Nine Dash Line also focus on the concept of terra nullius , which forms the basis of China’s territorial claims on the island features in the South China Sea. The same concept has been used to further its maritime claims to form the con-troversial Nine Dash Line,
Janae Anderson Mr. Toma APUSH 16 January 2018 The Holocaust DBQ In 1930, Hitler began his reign of terror through Europe. In 1941, the routine of mass killings of Jews. America was in a state of isolation, the federal government did not want to be involved in foreign affairs.
Fisheries and reserves have been established by the
Benton writes, “The discourse of legal dualism- of lawful and lawless zones- coexisted historically both with a pervasive legal pluralism that recognized non- European law and with a spatially diffuse legal culture that engaged actors from all sides- even ruffians and rogues- and gave rise to novel institutional arrangements” (724). Maritime practices were becoming more globalized due to the relationship between England and the Mughal Empire, the actions of mariners and pirates, and mariners’ manipulation of the divisions between maritime powers. Benton’s main argument is that the circulating legal strategies of mariners and pirates in seventeenth and eighteenth centuries and the differences between the laws in the Atlantic and Indian Ocean incited the globalization of legal practices as well as affecting the relationship between European nations and the Mughal
Also to deal with genocide by national legislation like other international crimes, and to view it by moral concepts. Document A also says, “What we have to do is to protect great values of our civilization through such accepted institutions adjusted to a formula of international law.” We already have some sort of laws against genocide, but we now have to adjust those laws into making them more important so the whole world applies to them. For example, the Nuremberg Tribunal was forced to dismiss the Nazi crimes, because of the lack of international law against genocide. In document A, the international concept said, “the Nuremberg Tribunal had to dismiss the Nazi crimes committed in the period between the advent of Nazism to power and the beginning of the war, as revolting and horrible as many of these crimes were.”
1899-1903. Ogden, A., 1975. The California Sea Otter Trade, 1784-1848. California: University of California Press.
In 1793, a British Lord is sent to China with certain trade requests in mind which were quickly shot down by the Emperor. The first document that will be addressed is “Medieval Sourcebook: Marco Polo: The Glories Of Kinsay [Hangchow] (c. 1300).” The main purpose of this document was for Marco Polo to research and gather information about Kinsay. He went into great detail about their geography, culture, and wealth.
This acknowledges the land and establishes it in the world. The chart The Voyages of Zheng He: 1405 - 1433 lists that for the first three voyages the furthest port they
The document was written in December of 1673 most likely meant for the English in England to
Principal United Nations human rights conventions and covenants are treaties, and covenants are agreements, while parties are A group of voters organized for the purpose of influencing governmental policy. The human rights also required an agreement to the 30 rules which Canada agreed
This system also states that Antarctica is "safe zone" that is not permitted to involve any and all international and domestic conflict ("The Antarctic Treaty" 2). As a result, the conflict
Taiwan, an island located on the Pacific Ocean southeast of China, is often times incorrectly associated as a part of the Republic of China Many people don’t have any knowledge about Taiwan or believe that Taiwan belongs to China. This is not true. Taiwan has had a democratic government that is independent of China. This misconception is very disrespectful to individuals and the whole nation. The issue of the relationship between Taiwan and China often times leads to heated discussions and violent fights between people from two places.
Extraterritorial criminal jurisdiction can in many circumstances be a useful and legitimate response to transnational crime. Criminal activity is not always confined to territorial boarders, and so the law may seek to follow the crime to prevent an offender from enjoying impunity. A number of states have included in their criminal legislature provisions allowing for the investigation and prosecution of international crimes, even when such crime is committed outside their national territory and whether or not the perpetrators or the victims are nationals of the state concerned”. The importance of extraterritorial jurisdiction was also seen in the Advisory Opinion of 11 April 1949 – Reparations for injuries suffered in the service of the United Nations. Personnel of the UN were targeted in Palestine which culminated in the assassination of
Therefore, this paper is designed to illustrate reasons why the UNSC should be reformed. The first and foremost factor to why the UNSC should be reformed is because the veto power used within the council only revolves around the permanent members’ interests. By 1990s, one
.5 MAASTRICHT TREATY The Maastricht Treaty, marked in 1992 and authoritatively known as the Treaty on European Union (TEU), presented a few imperative increments and alterations to the Treaty of Rome and flagged a progress in European combination rose to just by the 1986 Single European Act. Its focal elements were the consolidation of EMU into the Treaty of Rome and the foundation of the European Union by the expansion of two new fields of approach co-operation: the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs (JHA). These new zones were figured as intergovernmental commitments, instead of obligations of the Community 's supranational affiliations, a game-plan which was to a confined degree balanced in this way in the 1997 Treaty of Amsterdam, where the Community was given to a more prominent degree a section in giving methodology rules and certain parts of JHA were traded to go under the expertise of the Commission and the Court of Justice.
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.