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Japan Expands Its Whale Hunt to Include Fin Whales and Violates Its Duty to Cooperate

On June 11, Japan expanded its whale hunt to include 59 fin whales. Yet, Japan did not communicate and consult with the International Whaling Commission (IWC) and any…

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The ITLOS Advisory Opinion: Human Rights as a Withered Branch of International Law?

On 21 May 2024, at the request of the Commission of Small Island States on Climate Change and International Law (COSIS), the International Tribunal for the Law of…

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The ITLOS Advisory Opinion on Climate Change: Selected Issues of Treaty Interpretation

Introduction This post analyses selected treaty interpretation issues in the ITLOS Advisory Opinion on Climate Change, delivered on 21 May 2024. The post does not…

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BBNJ Treaty and the ITLOS Advisory Jurisdiction

The Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction, convened in New York, adopted the Agreement under the United Nations Convention on the…

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The Competence of the International Tribunal for the Law of the Sea in its New Advisory Proceedings on Climate Change

On the sidelines of last year’s COP26, Antigua and Barbuda and Tuvalu concluded the Agreement for the Establishment of the Commission of Small Island States on Climate Change…

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Beyond COP26: Time for an Advisory Opinion on Climate Change?

The recent Glasgow Climate Change Conference (COP26) provided a stark reminder of the gap between states’ planned greenhouse emission reductions and the global temperature goal enshrined…

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Pandemics, Procedure and Participation: Hybrid Hearings in the Mauritius/Maldives Maritime Boundary Dispute

Introduction On 28 January 2021, an ITLOS Special Chamber delivered its Judgment on Preliminary Objections in the Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives…

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The Curious Case of the ‘Legal Effect’ of ICJ Advisory Opinions in the Mauritius/Maldives Maritime Boundary Dispute

On Thursday 28 January, the ITLOS Special Chamber delivered its judgment on the admissibility of the Dispute concerning the delimitation of the maritime boundary between Mauritius and…

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Comments on Coastal and Flag State Jurisdiction in the M/T “San Padre Pio” Dispute

The M/T “San Padre Pio” dispute between Switzerland and Nigeria arose following the interception and arrest by the Nigerian navy of the M/T “San Padre Pio” – a…

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Comments on ITLOS, M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures Order (6 July 2019)

Introduction On July 6, 2019, International Tribunal for the Law of the Sea (ITLOS) delivered its provisional measures order in the M/T “San Padre Pio”…

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