21 January 2011 | CIL Seminar Series
Developments in Jurisprudence on Sovereignty
Introduction
Rights to maritime zones depend on establishing sovereignty over the land from which those zones are generated. In Southeast Asia and elsewhere, there are many islands over which there are competing sovereignty claims. As a result, these disputes hinder relations between States.
This seminar reviewed developments in jurisprudence on settling sovereignty disputes, drawing on the cases involving sovereignty disputes over islands. Matters covered included, as a matter of background, distinguishing between islands, low-tide elevations and submerged features; their maritime zones; and considering what sovereignty means for these features. A number of these disputes was identified. The seminar then identified the various rules and factors used for deciding competing sovereignty claims that have been set out in the decisions of international tribunals and arbitrations over the past 80 years. Attendees should now be equipped to apply these rules and factors in undertaking future work on appraising disputes of interest.
About the Speaker
Captain J. Ashley ROACH, JAGC, U.S. Navy (retired) was attorney adviser in the Office of the Legal Adviser, U.S. Department of State, from 1988 until he retired at the end of January 2009. He was responsible for law of the sea matters. He has taught, advised and published extensively on national maritime claims and other law of the sea issues, including piracy and armed robbery at sea. He has negotiated, and participated in the negotiation of, numerous international agreements involving law of the sea issues. He received his LL.M. (highest honors in public international law and comparative law) from the George Washington University School of Law in 1971 and his J.D. from the University of Pennsylvania Law School in 1963.
PowerPoint Presentation
To download Capt J Ashley Roach’s presentation in PDF format, click here.
Working Paper
To download Capt J Ashley Roach’s working paper entitled “International Legal Rules for Deciding Sovereignty Disputes” in PDF format, click here.
