United Nations Convention on the Law of the Sea

The Third Edition of the Washington Arbitration Week gathered experienced practitioners to discuss the developments in international arbitration. The panelists addressed the intricate issues of “Jurisdiction, Merits, and Quantum in Seabed Mining”, in the context of the rapid technological developments that have broadened the options for exploring and exploiting natural resources in the depths of the Oceans.

The African Society of International Law (AfSIL) is pleased to invite you to submit your contributions to its eleventh annual conference which will take place in Cairo, Egypt on 28 and 29 October 2022. The theme of this year’s conference is "Africa and the Challenge of Climate Change".

This paper has shown that having a comprehensive definition of piracy, as exemplified by the SPOMO Act, is significant in curbing piracy because piracy is a complex crime that requires a fluid definition. Thus, piracy definition must be adjustable to the specific nature of different areas of law. Due to the commercial nature of piracy in Nigeria, an expansive definition of the crime becomes necessary. However, the paper observed that having a comprehensive definition of piracy without a specialised maritime court and regular training programmes for judges may not culminate in piracy suppression. This means that despite covering the field in terms of violent attacks on the high seas and in the territorial waters of Nigeria, the SPOMO Act may not be properly interpreted and applied in cases. The paper, therefore, suggested the creation of a specialised maritime court and regular training of judges to navigate the complexities of piracy cases in Nigeria. This will promote sustainable adherence to international law regime for suppressing piracy in Nigeria. Also, it will create a conducive environment to coordinate antipiracy programmes and measures among the Gulf of Guinea countries since Nigeria is the only county in the region that has domesticated the LOSC Convention.

As a preliminary matter, based on the research that has been done so far to address the primary question as to whether there is an Asian approach to international law that is distinct from international law that was derived from the West, it is too early at this point to make a substantive conclusion that there is a unique perspective to international law that emanates from Asia.

The optional subjects being offered at SAU also have considerable number of readings that focus on South Asia. They also include the works of South Asian scholars and Third World scholars. All the optional courses offered at SAU address international issues of relevance to South Asia, in varying degrees. Discussions on general topics include special reference to South Asia in most of the courses. Thus, the LL.M. course at SAU is heralding in a South Asian approach to IL.

The Agreement establishes a Dispute Settlement Mechanism that seeks to settle state-level disputes. Such mechanism is to be administered in tandem with the provisions of the Protocol on Rules and Procedures on the Settlement of Disputes (the Protocol). The Protocol aims at providing a ‘transparent, accountable, fair, predictable, and consistent dispute settlement process.’ Article 8 of the Protocol permits disputing state parties to voluntarily undertake conciliatory measures in a bid to amicably resolve the dispute in the event consultations, which are not strictly compulsory according to the language of Article 6(6), fail.

The AfCFTA can be used as a booster for the advancement of maritime trading activities and the shipping industry in Africa. Since the main aim of the AfCFTA is to create a single market where goods, services, people and capital will move freely, all 55 countries have to improve their road as well as maritime networks to allow easy access and transportation of goods and people across the region. The AfCFTA along with the African Union’s 2050 Integrated Maritime Strategy can bring a panoply of opportunities and benefits for maritime sector.