The US engagement with 19th century international society saw the maturation of its approach toward international law. This paper focuses on two historical considerations that helped to shape that character--ending the international slave trade, and Indian removal. An emerging legal methodology of legal formalism helped to rationalize this engagement, and affected the young republic's engagement with the world. Understanding the rise of legal formalism, where it came from and what were its influences, uncovers a significantly American story of ambivalence, which has shaped US foreign policy vacillations between themes of universalism and unilateralism, and international community and international society.
{"title":"Slaves, Indians, and Legal Formalism in 19th Century America","authors":"Christopher R. Rossi","doi":"10.2139/ssrn.3942438","DOIUrl":"https://doi.org/10.2139/ssrn.3942438","url":null,"abstract":"The US engagement with 19th century international society saw the maturation of its approach toward international law. This paper focuses on two historical considerations that helped to shape that character--ending the international slave trade, and Indian removal. An emerging legal methodology of legal formalism helped to rationalize this engagement, and affected the young republic's engagement with the world. Understanding the rise of legal formalism, where it came from and what were its influences, uncovers a significantly American story of ambivalence, which has shaped US foreign policy vacillations between themes of universalism and unilateralism, and international community and international society.","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128883186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Foreign capital has increasingly become involved in the exploration for deep sea minerals in the Area. Foreign-owned companies have received the sponsorship of their state of incorporation, as required by UNCLOS to be granted an exploration contract by the International Seabed Authority. Sponsoring states’ policies toward such foreign-owned entities may go further than the mere implementation of UNCLOS obligations by pursuing national objectives such as better environmental protection or greater financial benefits for the local population. However, international law confers certain protections to foreign investment by binding states to respect an international minimum standard of treatment. Various UNCLOS provisions incorporate those guarantees, which could consequently be litigated through the dispute settlement system in Part XI of the convention. Yet, only the contractors’ state of nationality and the Authority have, under the convention, the required standing to do so.
{"title":"UNCLOS and Investor Claims for Deep Seabed Mining in the Area: An Investment Law of the Sea?","authors":"A. Pecoraro","doi":"10.2139/ssrn.3632401","DOIUrl":"https://doi.org/10.2139/ssrn.3632401","url":null,"abstract":"Foreign capital has increasingly become involved in the exploration for deep sea minerals in the Area. Foreign-owned companies have received the sponsorship of their state of incorporation, as required by UNCLOS to be granted an exploration contract by the International Seabed Authority. Sponsoring states’ policies toward such foreign-owned entities may go further than the mere implementation of UNCLOS obligations by pursuing national objectives such as better environmental protection or greater financial benefits for the local population. However, international law confers certain protections to foreign investment by binding states to respect an international minimum standard of treatment. Various UNCLOS provisions incorporate those guarantees, which could consequently be litigated through the dispute settlement system in Part XI of the convention. Yet, only the contractors’ state of nationality and the Authority have, under the convention, the required standing to do so.","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127523731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The South China Sea Arbitration and New Zealand's Maritime Claims","authors":"Joanna Mossop","doi":"10.2139/ssrn.3123313","DOIUrl":"https://doi.org/10.2139/ssrn.3123313","url":null,"abstract":"No description supplied","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134399063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Currently, China has not abandoned its policy of resolving the contentious South China Sea (SCS) issue through peaceful means. China’s recent state behavior and unilateral military measures like naval blockades, and xenophobic rhetoric have all given the impression that overconfident China is increasingly shedding its soft-power image in resolving both the East China Sea and South China Sea disputes. China as the world’s 2nd largest economy which has already aroused deep suspicions among its neighbors by increasing its national defense budget in 2014 by 12 percent to USD132 billion, making it second in the world only to the U.S’s defense spending of USD528 billion. China’s recent measures such as new fisheries laws, the establishment of an Air Defense Identification Zone (ADIZ) in the East China Sea and, most recently, a naval blockade around Second Thomas Shoal, known in China as the Ren’ai Reef and in the Philippines as Ayungin which is in the SCS have aggravated regional fears. In the past, China has resorted to military options to occupy territories that were claimed by other countries. In mid March 1988, China deployed its troops to seize the reefs of Co Lin (Collins), Len Dao (Lansdowne) and Gac Ma (Johnson South) in the Spratly archipelago, also known as Truong Sa in Vietnamese from Vietnam. China refers to Johnson South Reef as Chiguajiao, which is now under Beijing control. It raised question why China now resort to military options again in pursuing its South China Sea unilateral claim. None of Asian countries wants a war but China’s recent words and deeds are not only alarming but are moving in that direction. However, the main problem with China is that claims almost all of the SCS as its own, based on a vague Ushaped line known as the nine-dash line, an assertion that is fiercely contested by Vietnam, the Philippines, Taiwan, Malaysia and Brunei. Indonesia, which is not a claimant state, is more worried about China’s unilateral claims and its assertiveness, which could threaten regional peace and stability as well as the unity of ASEAN. China has now included part of Natuna Islands waters within Indonesia’s Riau Islands province in its territorial map based on the nine-dash line. It is a serious external threat to Indonesia’s territorial integrity and sovereignty. This research attempts to explain China’s territorial claim on Indonesia territory which interpreted differently by decision-makers. It used descriptive analytical methodology. It needs appropriate mechanism to prevent open conflict and promote cooperation among disagreeing parties.
{"title":"The Effect of People's Republic of China (PRC) Territorial Claim on South China Sea (SCS) to Indonesia (2014 - 2016)","authors":"Hendra Manurung","doi":"10.2139/ssrn.2942220","DOIUrl":"https://doi.org/10.2139/ssrn.2942220","url":null,"abstract":"Currently, China has not abandoned its policy of resolving the contentious South China Sea (SCS) issue through peaceful means. China’s recent state behavior and unilateral military measures like naval blockades, and xenophobic rhetoric have all given the impression that overconfident China is increasingly shedding its soft-power image in resolving both the East China Sea and South China Sea disputes. China as the world’s 2nd largest economy which has already aroused deep suspicions among its neighbors by increasing its national defense budget in 2014 by 12 percent to USD132 billion, making it second in the world only to the U.S’s defense spending of USD528 billion. China’s recent measures such as new fisheries laws, the establishment of an Air Defense Identification Zone (ADIZ) in the East China Sea and, most recently, a naval blockade around Second Thomas Shoal, known in China as the Ren’ai Reef and in the Philippines as Ayungin which is in the SCS have aggravated regional fears. In the past, China has resorted to military options to occupy territories that were claimed by other countries. In mid March 1988, China deployed its troops to seize the reefs of Co Lin (Collins), Len Dao (Lansdowne) and Gac Ma (Johnson South) in the Spratly archipelago, also known as Truong Sa in Vietnamese from Vietnam. China refers to Johnson South Reef as Chiguajiao, which is now under Beijing control. It raised question why China now resort to military options again in pursuing its South China Sea unilateral claim. None of Asian countries wants a war but China’s recent words and deeds are not only alarming but are moving in that direction. However, the main problem with China is that claims almost all of the SCS as its own, based on a vague Ushaped line known as the nine-dash line, an assertion that is fiercely contested by Vietnam, the Philippines, Taiwan, Malaysia and Brunei. Indonesia, which is not a claimant state, is more worried about China’s unilateral claims and its assertiveness, which could threaten regional peace and stability as well as the unity of ASEAN. China has now included part of Natuna Islands waters within Indonesia’s Riau Islands province in its territorial map based on the nine-dash line. It is a serious external threat to Indonesia’s territorial integrity and sovereignty. This research attempts to explain China’s territorial claim on Indonesia territory which interpreted differently by decision-makers. It used descriptive analytical methodology. It needs appropriate mechanism to prevent open conflict and promote cooperation among disagreeing parties.","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116625009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Law of the Sea Convention includes provisions for at least three categories of energy installations: offshore platforms used for oil and gas exploration and exploitation; offshore platforms used for the generation of energy from renewable sources; pipelines. The regulatory framework for each one of those covers each stage of their deployment: coastal State jurisdiction; placement; operation and responsibility and liability for nay damage caused by their presence in the marine environment. Yet, one finds a wide variety of rules applicable, some of them of long provenance, others newly-minted; some of them specific to the task, others offering simply the general parameters of a regulation. As energy operations at sea expand, the multitude of applicable rules adds to the challenges we face for the future.
{"title":"Energy Installations in the Marine Environment","authors":"Maria Gavouneli","doi":"10.2139/SSRN.2596133","DOIUrl":"https://doi.org/10.2139/SSRN.2596133","url":null,"abstract":"The Law of the Sea Convention includes provisions for at least three categories of energy installations: offshore platforms used for oil and gas exploration and exploitation; offshore platforms used for the generation of energy from renewable sources; pipelines. The regulatory framework for each one of those covers each stage of their deployment: coastal State jurisdiction; placement; operation and responsibility and liability for nay damage caused by their presence in the marine environment. Yet, one finds a wide variety of rules applicable, some of them of long provenance, others newly-minted; some of them specific to the task, others offering simply the general parameters of a regulation. As energy operations at sea expand, the multitude of applicable rules adds to the challenges we face for the future.","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121458166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This short piece analyses a recent path-breaking decision by the Decision-making Committee (DMC) of the Environmental Protection Authority (EPA) of New Zealand. In Trans-Tasman Resources Ltd Marine Consent Decision (June 2014), the DMC considered New Zealand’s first application for ‘marine consent’ for continental shelf seabed mining under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act).
{"title":"The Application of the Precautionary and Adaptive Management Approaches in the Seabed Mining Context: Trans-Tasman Resources Ltd Marine Consent Decision Under New Zealand's Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012","authors":"Rakhyun E. Kim, D. Anton","doi":"10.2139/SSRN.2515186","DOIUrl":"https://doi.org/10.2139/SSRN.2515186","url":null,"abstract":"This short piece analyses a recent path-breaking decision by the Decision-making Committee (DMC) of the Environmental Protection Authority (EPA) of New Zealand. In Trans-Tasman Resources Ltd Marine Consent Decision (June 2014), the DMC considered New Zealand’s first application for ‘marine consent’ for continental shelf seabed mining under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act).","PeriodicalId":184519,"journal":{"name":"LSN: International Law of the Sea (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115514137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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