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May 2009 - present
Publications
Publications (27)
On 2 February 2017, the International Court of Justice (icj) handed down its judgment on preliminary objections in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) holding that it may proceed to the merits phase. Kenya had raised an objection rooted in Part xv (“Settlement of disputes”) of the 1982 United Nations Con...
Where the rights of foreign investors are harmed in disputed maritime areas, the question arises whether these investors can invoke international investment agreements (IIAs) to seek redress. IIAs cover both bilateral investment treaties (BITs) and multilateral investment agreements (MIAs). BITs can be described as ‘reciprocal legal agreement[s] co...
Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements...
Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisd...
This piece offers the Guest Editors' Introduction to this Special Issue of The International Journal of Marine and Coastal Law - dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject...
The history of the South China Sea is a catalyst of international cooperation and conflict. Security in the Indo-Asia-Pacific is largely governed by command of these strategic waters. More than half of global shipping transits the South China Sea, which also holds significant reserves of oil, gas and minerals as well as some of the largest fisherie...
The relevance and importance of the rule of law to the international legal order cannot be doubted. Its significance was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level, which made a solemn commitment to it on behalf of states and international organ...
The advent of the Internet, and interconnected computer networks more generally, has impacted society in innumerable ways. Yet this new form of interconnectivity is a double-edged sword, turning dependency into vulnerability. As recent cyber attacks in past years have shown, the ability to cause havoc with far-reaching ramifications is a valid conc...
This article makes the case for greater attention to be given to the role of national legal culture in the making and practice of international law. The merits of this contested notion as a tool for gaining new insights are discussed, as is the legal cultural approach embedded in the broader field of study known as “comparative international law”....
On 7 May 2009, the People's Republic of China (PRC) protested Vietnamese and joint Malaysian-Vietnamese submissions to the Commission on the Limits of the Continental Shelf (CLCS). In support of Chinese claims, a map was annexed to the letter of protest portraying a dotted U-shaped line engulfing the greater part of the South China Sea. Following a...
This article aims to bring to attention the prospective use of a novel category of coercive methods, cyber sanctions. Whilst acknowledging their untapped potential as a means available to international institutions, in particular the United Nations Security Council (UNSC), for targeting and pressurizing (non-)state actors, we maintain that there ar...
This short essay presents a legal analysis of cyber force, an intangible form of international coercion that exploits computer networks leaving havoc in its wake. After providing recent examples of this phenomenon, as well as circumscribing its scope, the essay sets out to determine to what extent cyber force can be reconciled with contemporary jus...
Short comment on the ICJ's Judgment on preliminary objections in the Case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya).
