Analysis : MUST ANSWER Questions
Seungmin P. Jung
Following are questions our team and I have identified as MUST-BE-ANSWERED during the initial preparation process for the submission of Memorandum. Questions legal in nature will be highlighted in the color green.
- Background & Scientific Research
- Marine Biodiversity around Greenland and Arctic Circle
- Narwhals (Monodon monocerus) and Cetaceans
- Ocean Fertilization Project
- What methods exist?
- Are there less risky methods?
- What are phytoplankton blooms?
- Effects of adding ferrous sulfate powder to the sun bed?
- Carbon Sequestration
- What is the relation between Climate Change and Ocean Fertilization?
- Fish Production
- Marine Bio-diversity
- Narwhals and Cetaceans, fish in particular
- Exclusive Economic Zone (EEZ)
- Ocean Dumping
Issue #01: Whether International Court of Justice (ICJ) has jurisdiction over the dispute between Aeolia and Rinnuco regarding the ocean fertilization project conducted by Rinnuco.
[ Click here to see Summary of Facts ]
- On International Court of Justice (ICJ) and Jurisdiction
- What is a ‘legal dispute’ at the ICJ?
- How is ICJ’s jurisdiction determined?
- Ocean Fertilization Project
- Article 27 of the CBD
- Article 287 of the UNCLOS
- What is ICJ ‘compulsory jurisdiction’?
- What is a ‘preliminary objection’ at the ICJ?
- Differentiate jurisdictional questions and merits of a case at the ICJ?
- Case Analysis
- Southern Bluefin Tuna Case between Australia and Japan and between New Zealand and Japan, Award on Jurisdiction and Admissibility (Decision of 4 August 2000)
- Case concerning Fisheries Jurisdiction, Spain v. Canada (Judgement of 4 December 1998)
- Vienna Convention on the Law of Treaties and Jurisdiction
- What is the legal effect of being a ‘Party’ to a Treaty?
- What is the legal effect of signing, but not ratifying a Treaty?
- What is a dualist domestic legal system?
- What is an instrument of ratification and its effect?
- Deso the absence of domestic implementation of a legislation impact/affect a State’s treaty obligation?
- When is a treaty ‘entered into force’?
- When is treaty ‘binding’?
- What is the effect of a State’s consistent objection on an issue?
- What is a declaration and its effect?
- What is a ‘notice of revocation of a written declaration’ pursuant to Article 287 of UNCLOS?
- What is it’s effect?
- Can a treaty obligation be binding upon a non-Member?
- If so, when?
- What is Customary International Law?
Issue #02: If so, whether Rinnuco was in violation of public international law regarding the ocean fertilization project.
- Precautionary Principle
- Duty Not to Cause Trans-boundary Harm
- 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention)
- 1972 London Protocol
- Resolution LC-LP.1 (2008)
- Resolution LC-LP.2 (2010)
- Resolution LC-LP.4
- Convention on Biological Diversity (CBD)
- United Nations Convention on the Law of the Sea (UNCLOS)
- Convention on Migratory Species of Wild Animals (CMS)
- United Nations General Assembly Resolution
- UNGA Resolution 66/288
- UNGA Resolution 62/215
- UNGA Resolution 67/78
Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS. Please be advised: the comment, writing, or column does not represent the official position of YULS.