The climate change advisory opinion request at the ITLOS
1. Climate change at the ITLOS Successfully addressing climate change and its consequences constitutes one of the major challenges of current times. Moving beyond the initial normative approach, which has resulted in the adoption of the UNFCCC[1] and the Paris Agreement,[2] states and other actors are now turning to national and international courts. This article...
The land dominates the sea (dominates the land dominates the sea)
1. Introduction It is a truth universally acknowledged that a State with a coast can claim maritime zones. This principle has been famously stated by the International Court of Justice (ICJ) in its 1969 North Sea Continental shelf judgment, where the Court expressed the principle that ‘the land dominates the sea’.[1] Obviously, the land must...
Assessing the requirements for the indication of provisional measures by ITLOS: The order of 24 August 2015 in the Enrica Lexie case / Zoom In
Considerations of humanity in the Enrica Lexie Case
1. Introduction The Order by the International Tribunal for the Law of the Sea (ITLOS or Tribunal) in the Enrica Lexie case[1] has provided the first opportunity for judicial scrutiny of the dispute that has involved India and Italy over the past four years. The order was rendered following a request for the prescription of...
