The Award on Jurisdiction and Admissibility

Talmon, Stefan

doi:10.1163/9789004381193_004

Cited by 3 publications

(16 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…From the perspective of leading scholars in the law of the sea, "a State can have rights other than those listed in article 58 of UNCLOS in the EEZ of another State if they derive from a pre-existing treaty or from customary international law applying in an area that has subsequently become part of that other State's EEZ and are compatible with UNCLOS" (Churchill et al, 2022). One type of these rights includes traditional fishing rights, and "such rights must be respected and preserved even under UNCLOS" (Talmon, 2022b). "The creation of the EEZ may not have impacted all claims made by other States", and "a balance has to be found with rights that other States may potentially have in the same area" (Margat, 2020).…”

Section: Discussionmentioning

confidence: 99%

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Wang

Xu²

2023

Front. Mar. Sci.

View full text Add to dashboard Cite

With respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Nations Convention on the Law of the Sea (UNCLOS), the International Court of Justice (the Court or the ICJ) embodied customary international law as applicable law. It adopted a two-step method to examine Colombian claims and found that their fishermen did not enjoy traditional fishing rights. The Court found that affidavits of Colombian fishermen as major evidence were too sparse to prove the existence of a long-standing fishing practice. In light of a series of statements from the Nicaraguan President, there was a neither express nor implied recognition of traditional fishing rights of Colombian fishermen. This study reviews the ICJ’s judgment from three aspects. First, the paper will evaluate the Court’s (in)flexibility about the time requirement when examining the spanning period of a long-standing practice relating to traditional fishing activities. Second, concerning whether or in which circumstances the traditional fishing rights of a particular community can survive the establishment of the EEZ of another State, the Court found it unnecessary to examine this issue, the paper will also appraise potential legal impacts at this regard. Third, the Court did not identify Colombian claims of traditional fishing rights as indigenous rights, particularly for the Raizales. An increasing number of scholars of the law of the sea call for applying human rights norms to UNCLOS provisions, but the Court takes a cautious attitude in this regard. The paper will make more comments on the interaction between human rights law and the law of the sea.

show abstract

Section: Discussionmentioning

confidence: 99%

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Wang

Xu²

2023

Front. Mar. Sci.

View full text Add to dashboard Cite

show abstract

“…36 Moreover, if you start early, your brain structure is more malleable, which can intensify your nicotine addiction later. 37 Finally, young people can be subject to peer pressure, which makes their decision to take up smoking look even less like the result of an autonomous preference. 38 Taken together, these points suggest that smoking itself can reduce people's volitional autonomy and thereby their capacity to consent to using tobacco.…”

Section: Consentmentioning

confidence: 99%

“…36 Expressly, Article 4.2(d) of the FCTC states that parties shall develop and control comprehensive measures to address gender-specific risks when developing tobacco control strategies, acknowledging the fact that women and girls are not only affected differently by the smoking epidemic, but also distinctly targeted by the tobacco industry. 37 Lastly, in recent years, the CommEDAW has urged State Parties to '[r]atify the World Health Organization Framework Convention on Tobacco Control, reduce the high tobacco consumption among adolescents, in particular girls, and address the health consequences'. 38…”

Section: Women's Rightsmentioning

confidence: 99%

“…35 At this early stage in the process, particularly given the remaining issues to be ironed out (such as which companies exactly will fall under the scope of its provisions) and the reliance on ratifications once adopted, it is difficult to assess how effective the treaty will be. 36 What is clearer is that if the treaty enters into force and is properly implemented, as a transnational business enterprise the tobacco industry will, at least in the domestic law of Member States, be legally obliged to fulfil similar (though sometimes broader) due diligence obligations as those found in the UN Guiding Principles on Business and Human Rights (UNGPs), 37 which will be discussed in the following section. 33 ibid.…”

Section: Tobacco Companies As Businesses Under International Human Ri...mentioning

confidence: 99%

“…The EU has also adopted rules establishing minimum excise duties on tobacco products. 37 The paradigm characterizing EU tobacco control increasingly consists in 'nudging' people, particularly young people, away from temptation. 38 As a result of the EU's strong regulatory involvement, this policy area has been at the forefront of a 'federal' experimentation, helping delineate the limits of EU competences and the relevance of the principles of subsidiarity and proportionality for EU law and policy-making.…”

Section: The Development Of a Comprehensive Eu Tobacco Control Policy?mentioning

confidence: 99%

See 2 more Smart Citations

Human Rights and Tobacco Control

Gispen¹,

Toebes²

2020

View full text Add to dashboard Cite

This new and exciting series will tackle and explore important issues around Health and the Law as they become increasingly entwined in today's world. Public interest issues sparked by the media and new spaces of information and communication engage society on a more hands-on level, which inevitably impacts many aspects of the Law and Policies that we live by. As a field of study, Health and the Law will encompass the legal and political ramifications of various health issues within national and international law. The various and numerous aspects relating to these broad areas include healthcare law, non-communicable diseases, prevention strategies, health policies, reproductive justice, social and mental health law, bioethics, and medicinal law. Elgar Studies in Health and the Law will also be an excellent forum to discuss and debate the diverse and growing range of issues that remain unexplored. The primary mission of the series is to stimulate the development of original thinking across Health and the Law and to foster the best theoretical and empirical scholarship in the field. With valuable insights, open-minded approaches, and high quality authored and edited collections; this series will be of interest to academics and practitioners alike. v Contents List of contributors vii Foreword: Human rights and tobacco control -now more than ever xv List of abbreviations xvii Human rights and tobacco control vi 8 Tobacco use, exploitation and vulnerability in Africa: a human rights analysis 119 Obiajulu Nnamuchi

show abstract

Extraterritorial sanctions in response to global security challenges: countermeasures as gap-fillers in the United Nations collective security system

Franchini

2023

Cambridge International Law Journal

View full text Add to dashboard Cite

This article challenges the common understanding according to which unilateral and extraterritorial sanctions are a threat to the international legal order. It shows that sanctions of this kind may have a role to play as responses to challenges to global security, particularly when the centralised action by the United Nations (UN) encounters limitations. The article considers two examples of extraterritorial sanctions that may be lawful in this sense: those expanding on the territorial scope of restrictive measures decided by the UN Security Council, and those mapping on certain measures recommended by the UN General Assembly. In these circumstances, countermeasures may provide the legal basis to support otherwise unlawful unilateral and even extraterritorial measures, provided that certain conditions are met. The article shows that such measures act as gap-fillers to ensure the widest possible compliance with communitarian norms and may ultimately strengthen the international rule of law.

show abstract

The Award on Jurisdiction and Admissibility

Cited by 3 publications

References 0 publications

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Human Rights and Tobacco Control

Extraterritorial sanctions in response to global security challenges: countermeasures as gap-fillers in the United Nations collective security system

Contact Info

Product

Resources

About