Robin Churchill

University of Dundee · School of Law

The 1920 Treaty concerning the Archipelago of Spitsbergen confers sovereignty over Svalbard on Norway. It also provides that all parties to the Treaty enjoy equal rights of fishing and mining on Svalbard and in its ‘territorial waters’. Norway and various other States parties to the Svalbard Treaty disagree as to whether the Treaty applies to the c...

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the United Nations Convention on the Law of the Sea and outside the framework of the Convention. The most significant developments during 2021 were a judgment of a Special Chamber of the International Tribunal f...

This paper examines the regime for the management of fisheries in the marine waters of the United Kingdom, following its departure from the European Union. The paper begins by putting the new regime into context. Thus, it outlines the system of fisheries management that had applied for the previous 40 years, under which the EU had been largely resp...

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2020. The most significant developments were awards by the arbitral tribunals in the Enrica Lexi...

Fish aggregating devices (FADs) are widely used in artisanal fisheries in the Mediterranean Sea and in tropical tuna fisheries. Thousands of FADs are lost or abandoned each year, with many causing environmental damage. This article examines whether such loss or abandonment contravenes international marine pollution law. It finds that abandonment pr...

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2019. The most significant developments concerned the International Tribunal for the Law of the...

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2018. The most significant developments during the year were the judgment of the International C...

This is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments in 2017. The most significant developments during the year were the judgment of the Special Chamber of the Interna...

The first part of this article explores the extent to which the European Union (EU) is an actor in the law of the sea. After explaining when, why and how the EU became such an actor, it considers the legal and political constraints on the capacity of the EU to act; the interests that have shaped its role as an actor; and the various means by which...

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. It covers developments concerning the International Tribunal for the Law of the Sea in 2016 and concerning all other law of the sea dispute settlement bo...

This article provides an introduction to the contributions in this special issue of Ocean Development & International Law. It offers an overview of the dispute settlement provisions of the UN Convention on the Law of the Sea, placing them in the context of dispute settlement in international law generally, and explaining the extent to which they ha...

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention, and covering developments in 2015. During the year the International Tribunal for the Law of the Sea gave an advisory opinion concerning fisheries questi...

The aim of this article is to consider the extent to which the exercise by a port State of jurisdiction over foreign ships in relation to safety and the prevention of pollution is extra-territorial in nature. This aim is pursued by addressing two main issues. The first is the question of whether a port State may prescribe and enforce measures relat...

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main development during 2014 was the delivery of four judgments two by the International Court of Justice (one concerning maritime boundary delimitat...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the wo...

The UN Convention on the Law of the Sea (LOSC), which was adopted in 1982, devotes a significant proportion of its provisions to the protection of the marine environment. This chapter seeks to assess the value of those provisions at the present time, more than 30 years after the adoption of the LOSC. The chapter does this in two distinct ways. Firs...

The book is based on the proceedings of the International Conference ’30 years after the signature of the United Nations Convention on the Law of the Sea: the protection of the environment and the future of the Law of the Sea’, held at the Faculty of Law of the University of Porto, from 15th to 17th November 2012. The participation of prominent exp...

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2013 were the delivery of a judgment by the International Tribunal for the Law of the Sea (itlos) finding that it lacked jur...

There has long been a debate among governments, NGOs and writers about the nature of economic and social rights and whether they differ qualitatively from civil and political rights. Some have argued that this debate is over, but that conclusion seems premature, as different views on economic and social rights are still being expressed. One view, e...

This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2013 were the delivery of a judgment by the International Tribunal for the Law of the Sea (ITLOS) finding that it lacked jur...

There is widespread and persisting non-compliance in relation to many of the provisions of the UN Convention on the Law of the Sea. This is a matter of serious concern because it undermines the integrity and legitimacy of the Convention, causes disputes and harms the marine environment. To remedy the situation, more use should be made of existing m...

Before the First World War the Arctic archipelago of Svalbard was a terra nullius. Under a treaty of 1920 Norway's sovereignty over Svalbard was recognised, while the other States parties to the Treaty were accorded equal rights to carry on certain economic activities, including fishing and mining, in Svalbard's territorial waters. By virtue of its...

This book addresses emerging challenges for the World Ocean in the Anthropocene epoch and the effects of increasing globalisation on the seas. The issues explored in particular include climate change, sustainable fisheries, biodiversity, shipping and regional seas adjoining Europe.

This is the seventh of a series of annual surveys reviewing dispute settlement in the law of the sea both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2010 were the commencement of four new, and very different, cases—a request for an advisory opinion in the Responsibilities...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and...

This is the fifth of a series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2008 were the fourth triennial elections to the International Tribunal for the Law of the Sea; an order made by the Tribunal further continuing the suspension of proceedings in the Swordfish case;...

Introduction. The European Social Charter is the counterpart, in the field of economic and social rights, of the Council of Europe's much better known European Convention on Human Rights. The original version of the Charter was adopted in 1961. A number of further rights were added by a protocol in 1988. In 1996, a more thoroughgoing revision of th...

This is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guy...

This is the sixth of a series of annual surveys reviewing dispute settlement in the law of the sea both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2009 were the judgment of the International Court of Justice in the Maritime Delimitation in the Black Sea (Romania v. Ukraine...

This paper provides a comprehensive survey of all matters related to the jurisprudence of the International Tribunal for the Law of the Sea relating to fisheries. An overview of the main provisions of the LOSC on the matter serves as an introduction. The author then expounds on the scope of the Tribunal's jurisdiction relating to fisheries in great...

This chapter reviews the operation of the collective complaints system and assesses its future potential. It describes the genesis of the system and then goes on to explain how complaints are made and dealt with, before offering some thoughts about the utility and effectiveness of the system and its future prospects. In order to place the system in...

This is the second of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea (LOSC), which replaces the previous Annual. The main developments during 2005 were the settlement of the Land Reclamation case and the election of seven members of the International Tribunal for the Law of the Sea. N...

The 1982 United Nations Convention on the Law of the Sea (LOSC) contains a wide-ranging and ambitious system of dispute settlement. Article 287 of the LOSC gives its parties the option of making a declaration at any time after signature of the Convention whereby they may choose a preferred means for settling a dispute brought under Section 2. There...

This is the first of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea generally, rather than focusing purely on the International Tribunal for the Law of the Sea. The main developments during 2004 were the referral of two maritime boundary disputes in the Caribbean area to arbitration u...

This book examines the complicated management of the Barents Sea, offering a detailed analysis of two highly sensitive legal disputes - the maritime boundary dispute between Norway and the USSR, and the dispute over the Treaty of Spitsbergen.

This instalment of the Survey considers the order for provisional measures made in the Land Reclamation case, and notes administrative and organizational developments within the ITLOS during the year 2003.

In 2001 Ireland commenced litigation against the United Kingdom (UK) over the construction and operation of a plant to produce mixed oxide fuels at the Sellafield nuclear complex in north-west England. This litigation, which had been only partially concluded at the time of writing, raises a series of fascinating and often complex issues of both int...

In 1995 the Council of Europe, as part of the revitalization process of the European Social Charter, adopted a Protocol providing for a system of collective complaints. The Protocol came into force in 1998. So far 23 complaints have been lodged under it. The aim of this article is to critically examine the practical operation of this collective com...

In 1995 the Council of Europe, as part of the revitalization process of the European Social Charter, adopted a Protocol providing for a system of collective complaints. The Protocol came into force in 1998. So far 23 complaints have been lodged under it. The aim of this article is to critically examine the practical operation of this collective com...

This instalment of the Survey considers the decision in the Volga case, and notes administrative and organisational developments within the ITLOS during the year 2002.

This instalment of the Survey considers the decisions in the Grand Prince and MOX Plant cases, and notes administrative and organisational developments within ITLOS during the year 2001.

This instalment of the Survey considers the decisions in the Grand Prince and MOX Plant cases, and notes administrative and organisational developments within ITLOS during the year 2001.

Under Part XV of the 1982 United Nations Convention on the Law of the Sea, any dispute concerning the interpretation or application of the Convention which cannot be settled by the consensual means set out in section 1 of that Part, may be referred by any party to the dispute for compulsory settlement under section 2. There are four possible fora f...

Numerous multilateral environmental agreements have been concluded since 1970. Many establish a new kind of institutional arrangement that includes a conference of the parties, Subsidiary bodies, and a secretariat. This article explores the often-innovative powers of these bodies to develop the normative content of their agreements, monitor parties...

In May 1999 Iceland, Norway and Russia signed an agreement (the "Loophole Agreement") designed to resolve a six-year dispute over unregulated fishing by Icelandic vessels for straddling stocks in an enclave ("the Loophole") of high seas in the central Barents Sea. The Agreement, which gives Iceland fishing rights in the Norwegian and Russian EEZs i...

After explaining the relevance of international law to international fisheries management and that most such management takes place through international fisheries commissions, this paper focuses on uncertainties in international fisheries management which result from certain weaknesses of international law. The weaknesses which are examined are th...

An earlier note in this series' gave an account of the normalisation of relations between the United Kingdom and Argentina and the establishment of co-operative arrangements relating to fisheries in 1990. The present note focuses on the establishment of co-operative arrangements for seabed resources in 1995. It also gives a brief account of the ext...