Settlement of Disputes

Settlement of Disputes
Peaceful settlement of
disputes is compulsory.
If a bilateral settlement
fails, UNCLOS requires
submission of the dispute for compulsory
settlement in one of the tribunals clothed
with jurisdiction. The alternatives are the
International Tribunal for the Law of the Sea,
the ICJ, or an arbitral tribunal constituted
under the Convention.

Peaceful Use of the Oceans

Peaceful Use of the Oceans

In exercising their rights and performing their
duties under UNCLOS, states shall refrain
from any threat or use of force against the
territorial integrity or political independence
of any State, or in any other manner
inconsistent
with
the
principles
of
international law embodied in the UN
Charter.

Archaeological and Historical

Objects

Archaeological and historical objects

States have
the duty
to protect
objects of an
archaeological and historical
nature found at sea.

Jurisdiction Cases

Brownwell v. Sun Life Assurance Company

A foreign law may have extraterritorial effect in a country other
than the country of origin, provided the former, in which it is
sought to be made operative, gives its consent thereto.
The consent of a state to the operation of a forein law within its
territory does not need to be express; it is enough that said
consent be implied from its conduct or from that of its authorized
officers.
It is well settled in the US that its laws have no extraterritorial
effect. The application of said law in the Philippines is based
concurrently on the tacit consent thereto and the conduct of the
Philippine Government itself in receiving the benefits of its
provisions.

People v. Lol-lo and Saraw

Piracy is a crime not against any particular
state but against all mankind. It make be
punished in the competent tribunal of any
country where the offender may be found or
into which he may be carried. The jurisdiction of
piracy unlike other crimes has no territorial
limits.
Piracy is robbery or forcible depredation on the
high seas without lawful authority and done
animo furandi and in the spirit and intention of
universal hostility.

Tubb v. Greiss
A foreign army allowed to march through a
friendly country or to be stationed in it, by
permission of its government or sovereign, is
exempt from the civil and criminal jurisdiction of
the place.
Grant of free passage implies a waiver of all
jurisdiction over the troops during their passage
and permits the foreign general to use that
discipline, and to inflict those punishments
which the government of his army may require.

Haw Pia v China Banking Corporation

The Japanese military authorities had power,
under the international law, to order the
liquidation of the China Banking Corporation
and to appoint and authorize the Bank of
Taiwan as liquidator to accept the payment in
question, because such liquidation is not a
confiscation of the properties of the bankappellee, but a mere sequestration of its
assets which required the liquidation or winding
up of business of said bank.

Thanks!